Opinion
Delivered December 5, 1994
The Arkansas Supreme Court Committee on Civil Practice has submitted its annual recommendations for changes in the Arkansas Rules of Civil Procedure.
This Court has before it a proposal to divide the Arkansas Rules of Appellate Procedure into Civil and Criminal sections as part of a plan to remove from the Arkansas Rules of Criminal Procedure those rules pertaining to appeals and place them, as revised, in the Arkansas Rules of Appellate Procedure. The Committee on Civil Practice has studied the proposed changes and has approved, with minor revisions, the proposed appellate rules for civil cases. Those changes are to be presented in a separate per curiam opinion dealing exclusively with the Arkansas Rules of Appellate Procedure.
We publish the proposed changes and additions to the Rules of Civil Procedure and the added Reporter's Notes for comment from the bench and bar. Unless withdrawn or altered by further order, the changes will become effective January 15, 1995.
We again express our gratitude to the Chair of the Committee, Judge Henry Wilkinson, its Reporter, Professor John J. Watkins, and the Committee membership for their faithful and helpful work with respect to the Rules.
Comments and suggestions on these prospective rules changes may be made in writing addressed to:
Clerk, Arkansas Supreme Court Attn: Civil Procedure Rules Justice Building 625 Marshall Street Little Rock, Arkansas 72201
Comments and suggestions on the Arkansas Rules of Civil Procedure, generally, should be addressed to:
Professor John J. Watkins Leflar Law Center University of Arkansas Fayetteville, Arkansas 72701
Rule 54, Arkansas Rules of Civil Procedure
1. Subdivision (d) of Rule 54 is hereby amended to read as follows:
(d) Costs. Costs authorized by statute or by these rules shall be allowed to the prevailing party if the court so directs, unless a statute or rule makes an award mandatory.
2. The Reporter's Notes accompanying Rule 59 are hereby amended by adding the following:
Addition to Reporter's Notes, 1994 Amendment: Subdivision (d) of the rule is rewritten for purposes of clarity. No substantive change is intended. The original version of the rule was awkward and led to confusion. See, e.g., Wood v. Tyler, 317 Ark. 319, 877 S.W.2d 582 (1994).
Rule 59, Arkansas Rules of Civil Procedure
1. Subdivision (a) of Rule 59 is hereby amended by substituting the word "claim" for the word "issues" in the first sentence.
2. The Reporter's Notes accompanying Rule 59 are hereby amended by adding the following:
Addition to Reporter's Notes, 1994 Amendment: The first sentence of subdivision (a) is amended by substituting the word "claim" for the word "issues." The amendment is intended to reflect case law prohibiting a partial new trial on the issue of damages (or the issue of liability), on the theory that a jury's verdict cannot be divided by the court. E.g., Smith v. Walt Bennett Ford, 314 Ark. 591, 864 S.W.2d 817 (1993). As amended, subdivision (a) does not allow a partial new trial limited to a given issue. However, it expressly authorizes, in cases involving multiple parties or multiple claims, a partial new trial with respect to a single party or single claim.