Rule 5 - Record; Time For Filing(a) When filed. The record on appeal shall be filed with the clerk of the Arkansas Supreme Court and docketed therein within 90 days from the filing of the first notice of appeal, unless the time is extended by order of the circuit court as hereinafter provided. When, however, an appeal is taken from an interlocutory order under Rule 2(a)(6) or (7), the record must be filed with the clerk of the Supreme Court within thirty (30) days from the filing of the first notice of appeal.(b) Extension of time. (1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court, by order entered before expiration of the period prescribed by subdivision (a) of this rule or a prior extension order, may extend the time for filing the record only if it makes the following findings: (A) The appellant has filed a motion explaining the reasons for the requested extension and served the motion on all counsel of record;(B) The time to file the record on appeal has not yet expired;(C) All parties have had the opportunity to be heard on the motion, either at a hearing or by responding in writing;(D) The appellant, in compliance with Rule 6(b), has timely ordered the stenographically reported material from the court reporter and made any financial arrangements required for its preparation; and(E) An extension of time is necessary for the court reporter to include the stenographically reported material in the record on appeal or for the circuit clerk to compile the record..(2) In no event shall the time be extended more than seven (7) months from the date of the filing of the first notice of appeal.(3) If the appellant has obtained the maximum seven-month extension available from the circuit court, or demonstrates (by affidavit or otherwise) an inability to obtain entry of an order of extension, then before expiration of the period prescribed by subdivision (a) of this rule or a prior extension order, the appellant may file with the clerk of the Supreme Court a petition for writ of certiorari pursuant to Rule 3-5 of the Rules of the Supreme Court and Court of Appeals.(c) Partial record. Prior to the time the complete record on appeal is filed with the clerk of the Arkansas Supreme Court as provided in this rule, any party may docket the appeal to make a motion for dismissal or for any other intermediate order by filing a partial record with the clerk. At the request of the moving party, the clerk of the circuit court that entered the judgment, decree, or order from which the appeal is taken shall certify the portion of the record designated by that party as being a true and correct copy. It shall be the responsibility of the moving party to transmit the certified partial record to the clerk of the Arkansas Supreme Court. Addition to Reporter's Notes, 2012 Amendment: Arkansas Rule of Appellate Procedure-Civil 5(b)(1)(E) is revised to give the circuit court authority to extend the time for filing the record on appeal when necessary for the circuit clerk to compile the record. The rule previously gave that authority to the circuit court only when necessary for the court reporter to include the stenographically reported material in the record on appeal. However, in its per curiam opinion of Bowman v. Centennial Bank, 2011 Ark. 34, the Arkansas Supreme Court noted that the rule failed to address the situation when the circuit clerk needs additional time to compile the record. To extend the time for filing the record on appeal because the circuit clerk needs additional time, the circuit court must make the same prerequisite findings under Rule 5(b)(1)(A) through (E) required for granting extension of time for filing the record when the court reporter needs additional time to compile the record. Amended May 20, 1985; amended July 7, 1986, effective 9/15/1986; adopted and amended July 10, 1995, effective 1/1/1996; amended January 27, 2000; amended June 7, 2001, effective 7/1/2001; amended March 13, 2003; amended May 25, 2006; Amended May 24, 2012, effective 7/1/2012; amended October 18, 2018, effective 1/1/2019.COMMENT
Reporter's Notes (2019).
The rule was amended to measure both the time to file the record and an extension to file the record from the date of the first notice of appeal. Paragraph (a) was amended to provide that the record for interlocutory appeals of orders under Rule 2(a)(6) or (7) is to be filed within 30 days of the filing of the first notice of appeal rather than the date of entry of the order being appealed.
Paragraph (b)(2) was amended to change the beginning point for measuring extensions from the date of the judgment or order being appealed to the date of the filing of the first notice of appeal.