The Arkansas Supreme Court published proposed amendments to its Rules of Civil Procedure on Jan. 29, 2026, that would fundamentally alter how discovery operates in civil litigation across the state. The court opened a public comment period running through April 1, 2026, before considering final adoption of the sweeping changes.
The proposed amendments center on creating a specialized framework for discovery sanctions separate from the general sanctions provisions in Rule 11. Under current Arkansas rules, discovery documents and conduct are subject to the same sanctions framework as other court filings, potentially creating inconsistent enforcement and unclear standards.
The most significant change would be the adoption of new Rule 11(d), which explicitly states that Rule 11 sanctions "do not apply to disclosures and discovery requests, responses, and objections under Rules 26 through 37." This provision mirrors the current federal Rule 11(d) but includes an important Arkansas-specific modification.
Unlike the federal version, Arkansas's proposed Rule 11(d) would not exempt discovery motions from Rule 11 coverage. The Arkansas Supreme Court's Committee on Civil Practice identified this as addressing a potential gap in federal practice where discovery motions might be held to a lesser standard than other court filings.
"New Arkansas Rule 11(d) fills this gap by omitting discovery motions from the exemption," according to the reporter's notes accompanying the proposed amendment. This means discovery motions would remain subject to Rule 11 sanctions while discovery requests, responses, and objections would be governed by the specialized discovery rules.
The proposed changes also include multiple amendments to Rule 26, the cornerstone of Arkansas discovery practice. Specific amendments target Rule 26(b) governing the scope of discovery, Rule 26(c)(1) and (2) addressing protective orders, and Rule 26(f)(1) and (2) covering discovery conferences and planning.
Additionally, the court proposes adopting new Rule 26(g)(1), (2), and (3), which would establish discovery-specific certification requirements and sanctions. These provisions would create a comprehensive framework specifically designed for discovery documents and conduct, separate from the general Rule 11 sanctions regime.
The proposed Rule 26(g) represents a significant shift toward specialized discovery enforcement. Under current Arkansas practice, attorneys must comply with Rule 11's general certification requirements for all court filings, including discovery documents. The new framework would establish tailored standards specifically for the discovery process.
According to the reporter's notes, the amendments follow federal precedent established in 1993 when federal courts adopted similar changes. The federal Advisory Committee noted at that time that "Rules 26 through 37, which are specially designed for the discovery process, govern such documents and conduct rather than the more general provisions of Rule 11."
The Arkansas approach builds on this federal foundation while addressing perceived gaps in the federal framework. By maintaining Rule 11 coverage for discovery motions, Arkansas would ensure consistent sanctions standards across all motion practice while allowing specialized discovery rules to govern requests and responses.
These changes could significantly impact civil litigation practice in Arkansas. Attorneys would need to understand two distinct sanctions frameworks: general Rule 11 provisions for most court filings and motions, and specialized Rule 26 provisions for discovery requests, responses, and objections.
The proposed amendments are presented in "line-in, line-out" form, showing exactly what text would be added or removed from current rules. This format allows practitioners and stakeholders to see precisely how the rules would change and provide targeted feedback.
Public comments must be submitted in writing to Kyle E. Burton, Clerk of the Arkansas Supreme Court, at the Justice Building, 625 Marshall Street, Little Rock, AR 72201, or by email to rulescomments@arcourts.gov. All comments must include "Attention: Amendments to Arkansas Rules of Civil Procedure" in the subject line or address.
The comment period provides an opportunity for practicing attorneys, legal organizations, and other stakeholders to weigh in on the proposed changes. The Arkansas Supreme Court regularly seeks public input on rule amendments, recognizing that practitioners who work with these rules daily often provide valuable insights into their practical impact.
If adopted, these amendments would represent the most significant changes to Arkansas discovery practice in decades. The specialized sanctions framework could provide greater clarity and consistency in discovery enforcement while maintaining appropriate oversight of discovery motions through Rule 11.
The court has not indicated when it will consider final adoption of these amendments, but the April 1 comment deadline suggests a decision could come later in 2026. Any adopted changes would likely include an effective date allowing attorneys time to adjust their practices to the new framework.