Opinion
PER CURIAM.
The Arkansas Supreme Court Committee on Rules of Pleading, Practice and Procedure has for some time been considering problems associated with local court rules. Their study has been concerned specifically with conflicts between local court rules and the Arkansas Rules of Civil Procedure and unnecessary local rules as well as practical means of providing notice of local rules to counsel.
By a per curiam order of February 29, 1984, we invited comments on our committee's proposal to abolish all local rules. By a per curiam order of December 3, 1984, we asked the committee to study certain specific questions. The result of the latter order is a thorough report showing instances of conflicts between local rules and the Arkansas Rules of Civil Procedure.
The recommendations of our committee are as follows:
1. The Arkansas Supreme Court be requested to issue a per curiam that would require the judges of the judicial districts within a specified time to review all local rules of that district for the purpose of identifying and removing such rules as are inconsistent with, contrary to or that parallel the Uniform Rules of Circuit and Chancery Courts or the Arkansas Rules of Civil Procedure, and those not otherwise necessary to the efficient administration of that court.
2. The guidelines for such a review should include:
(a) In those districts with more than one judge, or division, the review should be a joint effort.
(b) In determining whether there is a conflict with or a direct contravention of a Uniform Rule or a Rule of Civil Procedure, the intent and spirit of those rules should be controlling. For instance, a rule may permit the trial court to shorten time to answer interrogatories or request for admissions. This should be adjudicated on a case-by-case basis. A local rule should not be a substitute for an adjudication as these problems arise.
(c) Each trial judge should evaluate those rules dealing with decorum and administration by asking the question: "Is this rule indispensible, or can I do without the rule?"
3. The revised local rules of each district should be submitted to the Supreme Court. The court's Committee on Rules of Civil Procedure would be available to make a review and submit recommendations. The committee should be aware that local rules can be an indicator for modifications needed in a Uniform Rule or a Rule of Civil Procedure.
4. The members of the special study committee should present the results of this study and the recommendations to the Arkansas Judicial Council on May 25, 1985. The presentation will be an opportunity for the special study committee to give members of the bench the benefit of this study and the practical solution that is being offered.
These recommendations were endorsed by the Arkansas Judicial Council in its May 25, 1985, meeting.
We adopt the committee's recommendations and order that each circuit, chancery and probate judge comply with them and submit the required revised local rules to this court by February 1, 1986.
GEORGE ROSE SMITH, J., not participating.