Ark. R. Sup. Ct. & Ct. App. 3-1

As amended through November 13, 2023

Rule 3-1 - Preparation of the Record

(a)Generally. All records shall begin with the style of the court in which the controversy was heard, the name of the judge presiding when the decree, judgment or order was rendered and its date, the names of all the parties litigant, and the nature of the suit or motion. For example: "Trial before A.B., judge of the circuit court on the ____ day of _______, ____;

John Doe, Plaintiff

vs.

Action on Promissory Note"

Jane Doe, Defendant

(b)Dates. Whenever an order of the court is mentioned, the date shall be specifically stated, rather than by reference to the day and year "aforesaid".

(c)Duplications. No part of the record shall be copied more than once. When a particular record recurs, a reference should be made to pages in the preceding part of the record.

(d)Depositions. When depositions are taken on interrogatories and included in the record, the answers must be placed immediately after the questions to which they are responsive.

(e)Record on second appeal. When a cause has been once before the Court and a record is again required (for the purpose of correcting error which occurred on retrial), the second record shall begin where the former ended; that is, with the judgment of the appellate court, which should be entered of record in the circuit court, omitting the opinion of the appellate court. The appeal or supersede as bond should be the last entry included.

(f)Table of contents. The circuit clerk's portion of the record shall be consecutively paginated, including any papers under seal, and the cover of the circuit clerk's portion shall be page one. The court reporter's portion of the record shall be separately paginated, and the cover of the court reporter's portion shall be page one. Page numbers must appear on the record pages. After the record on appeal is filed with the appellate court, the cover of any supplemental records shall begin at page one.

(g) Table of contents. The circuit clerk's portion of the record and the court reporter's portion of the record shall each include a table of contents which refers to the pages in the record where the matter identified is copied. Below is an example table of contents to a circuit clerk's portion of the record:

Complaint ......................................................................... Page 3

Answer ............................................................................. Page 4

Motion for Summary Judgment ........................................ Page 6

Exhibit A - Medical Records (whole document Redacted and filed under seal separate volume at pages 49-57)......................................................................Page 8

Brief in Support of Summary Judgment (internal redactions with complete version filed under seal in separate volume at pages 58-67) ............................................................................................ Page 9

Response to Motion for Summary ...................................... Page 19

Exhibit A - Medical Records (internal redactions with complete version filed under seal in separate volume at pages 68-71) .................................................................................Page 29

Brief Opposing Summary Judgment...................................Page 34

Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 45

Notice of Appeal...............................................................Page 47

VOLUME II-SEALED PLEADINGS

Exhibit A to Motion for Summary Judgement- Sealed Medical Records ............................................ Page 49

Sealed Brief in Support of Motion for Summary Judgment ...... .................Page 58

Exhibit A to Response to Motion for Summary Judgment-Sealed Medical Records ................... Page 68

Circuit clerk's certificate. ...... ...............Page 72

Certificate of costs ...... ................Page 73

The table of contents shall identify all documents filed under seal.

The record shall be consecutively paginated, including any papers under seal. The table of contents shall also list all documents filed under seal.

(h)Fee for index. Clerks may add to their fee for the record a reasonable charge for these items where no charge is fixed by statute.

(i) Record fee and costs certified. The fee for the production of the record must be certified in all cases; in addition, all costs in the circuit court must be reported, and by whom paid.

(j)Clerk's record and reporter's transcript--Paper size and preparation. The record must be prepared in the digital equivalent of plain typewriting or computer or word processor printing of the first impression, not copies, on 81/2 x 11-inch paper. All transcripts shall be prepared by certified court reporters and comport with the following rules:

(1) No fewer than 25 typed lines on standard 81/2 x 11-inch paper;

(2) No fewer than 9 or 10 characters to the typed inch;

(3) Left-hand margins to be set at no more than 13/4 inches;

(4) Right-hand margins to be set at no more than three-eighths of an inch;

(5) Each question and answer to begin on a separate line;

(6) Each question and answer to begin at the left-hand margin with no more than 5 spaces from the "Q" and "A" to the text;

(7) Carry-over "Q" and "A" lines to begin at the left-hand margin;

(8) Colloquy material, quoted material, parentheticals and exhibit markings to begin no more than 15 spaces from the left-hand margin with carry-over lines to begin no more than 10 spaces from the left-hand margin;

(9) All transcripts to be prepared in the lower case;

(10) All transcripts submitted on paper shall be prepared on only one side of the paper, not front and back;

(11) All transcripts of depositions shall comply with these Rules.

(k)Exhibits. Photographs, charts, drawings, real-property surveys, and other documents that can be digitized shall be included. Documents of unusual bulk or weight shall not be transmitted by the clerk of the circuit court unless the clerk is directed to do so by a party or by the Clerk of the Court. Digital media, such as audio and video recordings, that are part of the record shall be filed conventionally in the appellate court.

(l)Folding of record. Records portions submitted on paper must be transmitted to the Clerk without being folded or creased.

(m)Record in volumes. Where the record is 30 megabytes or larger, it shall be divided into separate files, each of which is less than 30 megabytes and is paginated continuously from the preceding file to the subsequent file. Any portion of the record filed under seal shall be a separate PDF file.

(n) The term "record" in civil cases, and as used in these Rules, refers only to the pleadings, judgment, decree, order appealed, transcript, exhibits, and certificates. Records on appeal shall be divided into a circuit court clerk's portion and into a court reporter's portion, if any proceedings in the case were transcribed by a court reporter.

(o) Sealed record portions. If any portion of the record is sealed, the sealed materials shall be saved as a separate PDF file, the name of the PDF file should indicate that the contents are sealed. The documents in the sealed file shall be paginated consecutive to where the page numbering ends in the unsealed file or files.

(p) No password protection. Electronic records on appeal shall not be password protected.

(q) Image resolution. If any portion of the record must be scanned to create an appeal record, the scanner settings should be set at an image resolution of 300 dots per inch (DPI).

Ark. R. Sup. Ct. & Ct. App. 3-1

Amended and effective by per curiam order 6/26/2014; amended and effective 12/17/2020.