Ark. R. Sup. Ct. & Ct. App. 2-4

As amended through November 13, 2023
Rule 2-4 - Petitions for Review
(a)Time for Filing Petition for Review. A petition to the Supreme Court for review of a decision of the Court of Appeals must be electronically filed within 10 calendar days after the end of the Court of Appeals rehearing period. The rehearing period ends upon the expiration of time for filing a petition for rehearing under Rule 2-3(a) or upon the disposition of the last pending petition for rehearing, whichever is later. A petition for review received prior to the end of the Court of Appeals rehearing period will be noted as "tendered," and the petition will be deemed filed on the day after the end of the rehearing period.
(b)Contents of petition. A petition to the Supreme Court for review of a decision of the Court of Appeals shall not exceed three 8 1/2" x 11" double-spaced pages in length. The petition must briefly and distinctly state the basis upon which the case should be reviewed and may include citations of authority or references to statutes or constitutional provisions. The petition can only be filed by a party to the appeal and is otherwise subject to Rule 1-2(e).
(c)Briefs and oral argument prohibited. Briefs will not be accepted and oral arguments will not be heard in support of petitions for review. However, the petitioner may attach a copy of the petition for rehearing to the petition for review.
(d)Grounds for review. A petition for review must allege one of the following:
(i) the case was decided in the Court of Appeals by a tie vote,
(ii) the Court of Appeals rendered a decision which is in conflict with a prior holding of a published opinion of either the Supreme Court or the Court of Appeals, or
(iii) the Court of Appeals otherwise erred with respect to one of the grounds listed in Rule 1-2(b).
(e)Response. A response to a petition for review must be filed within 10 calendar days of the date the petition was filed or deemed filed. Responses are subject to the same limitations as petitions. The respondent may attach a copy of the response to the petition for rehearing to the response to the petition for review.
(f)Clerk's notification; request for oral argument. When the Supreme Court grants a petition for review, the Clerk shall promptly notify all counsel and parties appearing pro se. Within 10 calendar days of the notification, the parties shall provide to the Clerk six paper copies of their respective briefs that were previously submitted to the Court of Appeals. Any party may request oral argument during the 10-day period by filing a letter stating the request with a copy to all parties. The decision to grant the request for oral argument and other aspects of oral argument are governed by Rule 5-1.
(g)Supplemental briefs. Leave of court shall not be required to file supplemental briefs, and any party may, within 10 calendar days after the granting of review, initiate supplemental briefing by filing a letter with the Clerk requesting the issuance of a supplemental briefing schedule. The first requesting party's supplemental brief shall be due 20 calendar days from the filing of the letter requesting the issuance of the supplemental briefing schedule. Other parties may file responsive supplemental briefs within 10 calendar days of the date the first requesting party's supplemental brief is filed. A supplemental reply brief may be filed within 5 calendar days after the filing of a responsive supplemental brief No supplemental brief submitted pursuant to this Rule shall exceed 10 pages in length. These briefs shall otherwise conform to the requirements of Rule 4-1. Supplemental briefing is not permitted in dependency-neglect cases pursuant to Rule 6-9(j)(2).
(h)Compliance with Administrative Order 19 required. Every petition for review, response, and supplemental brief of any kind on review must comply with the protective requirements for confidential information established by Administrative Order 19. Counsel and unrepresented parties shall follow the redaction and filing procedure established by Rule of Civil Procedure 5(c)(2)(A) & (B). That procedure includes:
(1) eliminating all unnecessary or irrelevant confidential information;
(2) redacting all necessary and relevant confidential information; and
(3) filing an unredacted version under seal.

Ark. R. Sup. Ct. & Ct. App. 2-4

Amended and effective 6/21/2018; amended March 14, 2019, effective 7/1/2019.