The Arkansas Supreme Court issued a per curiam opinion on Feb. 5 announcing proposed changes to state civil procedure rules governing service of process on incarcerated individuals. The amendments to Rule 4(f)(4) aim to address practical difficulties courts and attorneys have encountered when attempting to serve legal documents on inmates in jails and correctional facilities.

The Committee on Civil Practice recommended the changes after identifying problems with the current rule's requirement that service be made specifically on "the administrator" of a correctional facility. According to the court's reporter's notes, "service upon inmates by service on the 'administrator' of a jail or correctional facility has proven to be problematic as a practical matter. Actually locating the administrator and serving that person is often impractical."

The proposed amendments would expand the acceptable recipients of legal service beyond just the facility administrator. Under the new language, service could be made on "the administrator of the institution, the person in charge of the jail, penitentiary, or other correctional facility at the time of service, or the on-site agent, secretary, or assistant of the administrator or the person in charge of the jail, penitentiary, or other correctional facility at the time of service."

This broader definition addresses situations where the designated administrator may be unavailable when service is attempted. The amendment "provides for service on 'the person in charge' if the actual administrator is away at the time service is attempted, relying on the notion that someone must always be left in charge," the court explained.

The rule change maintains the requirement that whoever receives the legal documents "shall promptly deliver the process to the incarcerated person." Additionally, the amended rule preserves the existing mandate that "a copy of the process shall also be sent to the incarcerated person by first-class mail and marked as 'legal mail' and, unless the court otherwise directs to his or her spouse, if any."

These service requirements ensure that incarcerated individuals receive proper notice of legal proceedings against them, which is essential for due process protections. The dual service method - both through facility personnel and direct mail - provides redundant notification to help guarantee inmates are aware of pending litigation.

The practical challenges addressed by the amendment are common in correctional facilities where administrators may have irregular schedules, be unavailable during certain hours, or be absent due to meetings, training, or other obligations. The current rule's strict requirement for service on "the administrator" has created delays and complications for attorneys attempting to properly serve legal documents.

By allowing service on a broader range of facility personnel who have authority and responsibility for ensuring delivery to inmates, the amended rule should reduce procedural barriers while maintaining adequate protections for incarcerated defendants' rights.

The Arkansas Supreme Court's decision to publish the proposed amendment for public comment reflects standard practice for significant rule changes. The comment period, which runs until April 1, 2026, allows practitioners, legal organizations, correctional administrators, and other interested parties to provide input on the proposed changes.

Comments may be submitted either in writing to Kyle E. Burton, Clerk of the Arkansas Supreme Court, at the Justice Building, 625 Marshall Street, Little Rock, AR 72201, or electronically to rulescomments@arcourts.gov. All submissions should be clearly marked as relating to "Amendments to Arkansas Rules of Civil Procedure."

The court presented the amendments in "line-in, line-out" format, making it easy for reviewers to identify exactly what language would be added or removed from the existing rule. This transparency helps ensure that commenters can provide informed feedback on the specific changes being considered.

After the comment period closes, the Arkansas Supreme Court will review all submissions and decide whether to adopt the amendments as proposed, modify them based on public input, or decline to make changes to the current rule. The court has not indicated when it expects to make a final decision on the proposed amendments.

The changes represent part of ongoing efforts to modernize and improve Arkansas civil procedure rules to address practical challenges that have emerged in their application. Service of process rules are fundamental to ensuring that all parties receive proper notice of legal proceedings, making their effective operation crucial to the fair administration of justice.

For attorneys practicing in Arkansas, the potential rule changes could streamline the process of initiating litigation involving incarcerated defendants, reducing delays and procedural complications that currently arise when attempting to locate and serve facility administrators.