State Court Notice of Appeal

NOTICE OF APPEAL — ARKANSAS CIVIL APPELLATE PRACTICE

Arkansas Court of Appeals / Arkansas Supreme Court
(Filed with the Circuit Court Clerk per Ark. R. App. P.–Civ. 3)

PRACTITIONER OVERVIEW: ARKANSAS APPELLATE STRUCTURE

Intermediate Court: Arkansas Court of Appeals — hears the vast majority of civil appeals as the court of first appeal from circuit court.

Highest Court: Arkansas Supreme Court — has exclusive jurisdiction under Ark. Sup. Ct. R. 1-2 over:

• Capital and life-imprisonment cases
• Extraordinary writs
• Cases requiring construction or interpretation of the Arkansas Constitution
• Election and primary dispute matters
• Appeals required by statute to go directly to the Supreme Court
• Professional discipline cases (attorneys, judges)

Note: Appeals first go to the Court of Appeals unless the Supreme Court's exclusive jurisdiction applies. There is no automatic right of appeal from the Court of Appeals to the Supreme Court; review is by petition to transfer or en banc consideration.

SECTION 1: APPELLATE COURT HEADER

IN THE [ARKANSAS COURT OF APPEALS / ARKANSAS SUPREME COURT]
                                                  Appellate Case No. [____________________]
                                                  (Assigned upon docketing)

SECTION 2: TRIAL COURT CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] DIVISION
Case No. [________________________________]

[________________________________],
                                         Plaintiff-[Appellant / Appellee],

v.

[________________________________],
                                         Defendant-[Appellant / Appellee].

SECTION 3: ATTORNEY INFORMATION

[________________________________]
Arkansas Bar No. [______________]
[________________________________] (Law Firm Name)
[________________________________] (Street Address)
[________________], Arkansas [_____] (City, State, ZIP)
Telephone: ([___]) [___]-[____]
Facsimile:  ([___]) [___]-[____]
Email:      [________________________________]
Attorney for [Appellant / Cross-Appellant]: [________________________________]

SECTION 4: NOTICE OF APPEAL

Pursuant to Ark. R. App. P.–Civ. 3, [________________________________] (hereinafter "Appellant"), the [Plaintiff / Defendant / Third-Party Defendant / Intervenor] in the trial court, hereby gives notice of appeal to the [Arkansas Court of Appeals / Arkansas Supreme Court] from the following judgment(s) and/or order(s) entered by the Honorable [________________________________], Circuit Judge, [________________________________] Division, Circuit Court of [________________________________] County, Arkansas:

Judgment / Order Appealed:
[________________________________] (brief description, e.g., "Final Judgment entered after jury verdict"; "Order Granting Summary Judgment"; "Order Awarding Attorney's Fees and Costs")

Date Entered / File-Stamped: [__/__/____]

This judgment/order is appealable under: Ark. R. App. P.–Civ. 2([____]) because [________________________________].

SECTION 5: PARTY DESIGNATIONS

SECTION 6: JURISDICTIONAL STATEMENT

Appellant invokes the jurisdiction of the [Arkansas Court of Appeals / Arkansas Supreme Court] on the following basis:

☐ Final Judgment — The judgment appealed from disposes of all claims and parties and constitutes a final, appealable order under Ark. R. App. P.–Civ. 2(a)(1).

☐ Partial Judgment — Rule 54(b) Certification — The circuit court directed entry of judgment as to fewer than all claims or parties and expressly determined there is no just reason for delay. Ark. R. Civ. P. 54(b) certification entered: [__/__/____].

☐ Interlocutory Order Appealable as of Right — Specifically:
☐ Order granting or refusing an injunction (Ark. R. App. P.–Civ. 2(a)(2))
☐ Order appointing a receiver (Ark. R. App. P.–Civ. 2(a)(3))
☐ Other: [________________________________]

☐ Arkansas Supreme Court Exclusive Jurisdiction — This appeal is within the Arkansas Supreme Court's exclusive jurisdiction under Ark. Sup. Ct. R. 1-2 because: [________________________________]

☐ Certified Question / Transfer — The Court of Appeals certified this matter to the Supreme Court under Ark. Sup. Ct. R. 1-2(b)(5).

SECTION 7: TIMELINESS OF THIS NOTICE

Standard Deadline: Ark. R. App. P.–Civ. 4(a) — 30 days from entry of the judgment or order being appealed.

Date of Judgment / Order Entry: [__/__/____]

Post-Judgment Tolling Motions Filed (the timely filing of any of the following motions terminates and restarts the 30-day appeal period upon their disposition):

Date This Notice of Appeal Is Filed: [__/__/____]

This notice is timely because: [________________________________]

CRITICAL PITFALL: A timely tolling motion terminates — not merely suspends — the running of the 30-day appeal period. The new 30-day period begins upon entry of the order ruling on the tolling motion, or 30 days after the motion is deemed denied by operation of law. If no ruling is entered within 30 days, treat the motion as denied and calculate the deadline from that date. Missing the deadline is jurisdictional and cannot be waived or extended by consent.

SECTION 8: DESIGNATION OF RECORD ON APPEAL

8A. Clerk's Record (Ark. R. App. P.–Civ. 6(b))

Appellant designates the entire clerk's record, which shall include all pleadings, motions, orders, judgments, and documents filed in the case, OR designates only the following specific items (check one):

☐ Entire Record — Appellant designates the complete clerk's record.

☐ Partial Record — Appellant designates only the following documents (list by docket entry number or description):

Note: If a partial record is designated, Appellant must include a concise statement of the points on which it relies and the documents in support thereof. Ark. R. App. P.–Civ. 6(c). Failure to include a necessary document may result in waiver.

8B. Electronic Record on Appeal (eROA)

Effective 2020 (2020 Ark. 421), Arkansas uses an Electronic Record on Appeal (eROA) system. The circuit clerk assembles and transmits the record electronically. Appellant should confirm with the circuit clerk that the eROA system is operative for this case.

☐ Appellant requests electronic transmission of the clerk's record per eROA rules.
☐ Paper record requested for good cause (specify): [________________________________]

8C. Record Lodging Deadline

The record must be lodged with the appellate court within 90 days from the date of the first notice of appeal filed in the case. Ark. R. App. P.–Civ. 5(a). The circuit court may extend this deadline for good cause, but not beyond seven (7) months from entry of judgment.

Calculated 90-day lodging deadline: [__/__/____]

SECTION 9: REPORTER'S TRANSCRIPT — ORDER AND DESIGNATION

9A. Transcript Order

Pursuant to Ark. R. App. P.–Civ. 6, Appellant orders a transcript of the following proceedings from the court reporter(s) identified below. Transcripts must be ordered on or before the filing of the notice of appeal, or simultaneously therewith.

Estimated completion date per reporter: [__/__/____]

Payment arrangement: ☐ Paid in full ☐ Deposit paid; balance upon completion ☐ Proceeding in forma pauperis (IFP)

9B. No Transcript Needed

☐ No reporter's transcript is necessary for this appeal because: [________________________________] (e.g., no evidentiary hearing was held; appeal is on pure legal issues based solely on the pleadings and written record).

SECTION 10: CROSS-APPEAL

☐ Not Applicable — No cross-appeal is being filed at this time.

☐ Cross-Appeal Filed Simultaneously — [________________________________] (Appellee/Cross-Appellant) hereby also files a cross-appeal from the following judgment/order:

Cross-Appealed Judgment / Order: [________________________________]

Date Entered: [__/__/____]

Cross-Appellant: [________________________________] Cross-Appellee: [________________________________]

Deadline for Cross-Appeal: Under Ark. R. App. P.–Civ. 4(a), a cross-appeal must be filed within the same 30-day period applicable to the original appeal, or within 10 days after the original notice of appeal is filed, whichever is later.

SECTION 11: SUPERSEDEAS BOND AND STAY OF ENFORCEMENT

11A. Money Judgments

To stay enforcement of a money judgment pending appeal, a supersedeas bond or other acceptable security must be filed under Ark. R. App. P.–Civ. 8 and Ark. R. Civ. P. 62.

Amount of judgment being appealed: $[________________________________]

Post-judgment interest rate: [____]% per annum

Proposed bond amount (judgment + interest + costs): $[________________________________]

☐ Appellant has posted supersedeas bond in the amount of $[________________________________]. Bond filed [__/__/____].
☐ Appellant has deposited cash with the clerk in lieu of bond.
☐ Appellant will file a motion for approval of alternative security under Ark. R. App. P.–Civ. 8(b).
☐ Appellant seeks IFP status and requests waiver of bond requirement by separate motion.
☐ No stay sought — appellant will comply with the judgment.

11B. Injunctive Relief

☐ Appellant moves by separate motion for a stay of the injunction/order pending appeal pursuant to Ark. R. App. P.–Civ. 8(a) and Ark. R. Civ. P. 62(c).

11C. Automatic Stay

☐ An automatic stay applies under Ark. R. Civ. P. 62(a) (14-day automatic stay after judgment applies; stays all execution).

SECTION 12: INTERLOCUTORY APPEAL / CERTIFIED QUESTION

12A. Petition for Permission to Appeal (Interlocutory)

☐ This notice is accompanied by, or Appellant will file, a petition for permission to appeal from an interlocutory order not otherwise appealable as of right pursuant to Ark. R. App. P.–Civ. 2(b).

Interlocutory order at issue: [________________________________]

Date of order: [__/__/____]

Grounds for permission: [________________________________]

12B. Certified Question from Federal Court

☐ This matter arises from a certified question from the [U.S. District Court for the [________________________________] District of Arkansas] pursuant to Ark. Sup. Ct. R. 6-8.

SECTION 13: FILING FEE CERTIFICATION

Pursuant to Ark. Code Ann. § 21-6-403, the following filing fees are applicable to civil appeals in Arkansas circuit court:

☐ Appellant has paid the required filing fee of $[________] to the Circuit Clerk of [________________________________] County upon filing of this notice.

☐ Appellant is proceeding in forma pauperis pursuant to Ark. R. Civ. P. 72 and has filed an Affidavit of Indigency contemporaneously herewith. IFP application filed: [__/__/____].

☐ Appellant is exempt from the filing fee because: [________________________________]

SECTION 14: RELIEF REQUESTED

Appellant respectfully requests that the [Arkansas Court of Appeals / Arkansas Supreme Court]:

1. Accept jurisdiction of this appeal;
2. Reverse / Vacate / Modify the judgment and order identified in Section 4 above;
3. ☐ Remand this matter to the circuit court for further proceedings consistent with the appellate court's opinion;
4. ☐ Enter judgment in favor of Appellant as a matter of law;
5. ☐ Grant Appellant's costs of appeal pursuant to Ark. R. App. P.–Civ. 11 and Ark. Sup. Ct. R. 6-7;
6. ☐ Award attorney's fees to Appellant as authorized by [________________________________]; and
7. Grant such other and further relief as the Court deems just and proper.

SECTION 15: SIGNATURE BLOCK

Respectfully submitted,

DATED: [__/__/____]


________________________________________
[________________________________]
Arkansas Bar No. [______________]
[________________________________] (Law Firm)
[________________________________] (Address)
[________________], Arkansas [_____]
Tel: ([___]) [___]-[____]
Fax: ([___]) [___]-[____]
Email: [________________________________]
Attorney for [Appellant / Cross-Appellant]
[________________________________]

SECTION 16: CERTIFICATE OF SERVICE

(Ark. R. App. P.–Civ. 3(f) — Service required on all parties and the circuit clerk)

I, [________________________________], certify that on [__/__/____] I served a true and correct copy of the foregoing NOTICE OF APPEAL by the methods indicated below upon all counsel of record and self-represented parties in this action:

Appellee(s) / Opposing Counsel:

☐ [________________________________], Esq. ([________________________________] Bar No. [________])
[________________________________] (Law Firm)
[________________________________] (Address)
Service method: ☐ Arkansas eFiling System ☐ Email (with prior written consent) ☐ U.S. First-Class Mail ☐ Hand Delivery

☐ [________________________________], Esq. ([________________________________] Bar No. [________])
[________________________________] (Address)
Service method: ☐ Arkansas eFiling System ☐ Email (with prior written consent) ☐ U.S. First-Class Mail ☐ Hand Delivery

Circuit Court Clerk:

☐ Clerk of the Circuit Court of [________________________________] County, Arkansas
[________________________________] (Address of Clerk's Office)
Service method: ☐ Filing via eFiling System ☐ Hand Delivery ☐ U.S. Mail

Date of Service: [__/__/____]

________________________________________
[________________________________]
[Attorney / Party Making Service]

SECTION 17: DOCKETING STATEMENT OUTLINE

Following lodging of the record, Appellant must comply with the Arkansas Court of Appeals / Supreme Court docketing requirements. The following is a checklist of information typically required:

Case Information:
☐ Names of all parties and counsel
☐ Trial court case number and county
☐ Date of notice of appeal
☐ Date record was lodged
☐ Nature of the case (contract, tort, family, etc.)
☐ Description of judgment/order appealed

Jurisdiction:
☐ Basis for appellate jurisdiction
☐ Whether judgment is final or interlocutory
☐ Applicable rule or statute conferring appellate jurisdiction

Issues on Appeal (concise statement):

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

Oral Argument:
☐ Oral argument requested ☐ Submission on briefs acceptable

Related Cases:
☐ No related pending cases
☐ Related case(s): [________________________________]

SECTION 18: POST-FILING CHECKLIST

Use this checklist to ensure all required steps are completed after filing the Notice of Appeal.

Immediately / Same Day as Filing:
☐ File Notice of Appeal with the Circuit Court Clerk
☐ Pay filing fee ($165 paper / $185 electronic) or file IFP affidavit
☐ Order reporter's transcript(s) from court reporter(s)
☐ Arrange payment for transcript(s)
☐ Serve Notice of Appeal on all parties
☐ File Cross-Appeal if applicable (simultaneously or within applicable deadline)
☐ Post supersedeas bond or file stay motion if enforcement of judgment is imminent

Within 10–14 Days of Filing:
☐ Confirm circuit clerk has received and processed the notice
☐ Obtain case number assignment from appellate court (if available)
☐ Verify transcript order acknowledgment from court reporter
☐ Monitor transcript preparation progress

Within 30–60 Days:
☐ Follow up on transcript preparation (maximum 7 months from judgment)
☐ Confer with circuit clerk regarding eROA record assembly

At 90 Days (Record Lodging Deadline):
☐ Confirm record has been lodged with the appellate court
☐ If not lodged, seek extension from circuit court for good cause
☐ Keep extension within the 7-month maximum from judgment entry

After Record Lodging:
☐ File docketing statement with the appellate court
☐ Calendar briefing deadlines:

• Appellant's Opening Brief: 40 days after record lodging
• Appellee's Response Brief: 30 days after Appellant's brief
• Appellant's Reply Brief: 15 days after Appellee's brief (optional)

SECTION 19: PRACTITIONER NOTES — COMMON PITFALLS

1. Jurisdictional Nature of the Deadline
The 30-day deadline under Ark. R. App. P.–Civ. 4(a) is jurisdictional. Neither the circuit court nor the appellate court can extend it (except under the belated appeal provisions for criminal cases — which do not apply in civil matters). Filing one day late results in automatic dismissal.

2. Tolling Motion Requirements
A tolling motion must itself be timely filed. An untimely post-trial motion does not toll the appeal period. Verify that motions to alter or amend (Ark. R. Civ. P. 59(e)) and motions for new trial (Ark. R. Civ. P. 59(a)) are filed within 10 days of entry of the judgment (for post-verdict motions) or within the time allowed under applicable rules.

3. Identifying the "Entry Date"
The 30-day period runs from the date the order or judgment is entered — meaning the date it is signed and file-stamped by the clerk. Do not calculate from the date of oral pronouncement from the bench or the date the order was submitted for signature.

4. Which Court to Name
Naming the wrong appellate court is not fatal — the appellate courts will transfer the case if filed in the wrong court. However, correct the caption as soon as possible. Arkansas Court of Appeals handles virtually all civil appeals; Supreme Court direct appeal is the narrow exception.

5. Transcript Ordering Is a Prerequisite
Transcripts must be ordered on or before the filing of the notice of appeal. Failure to timely order transcripts may result in waiver of issues dependent on those transcripts.

6. eROA vs. Paper Record
Since 2020, Arkansas primarily uses the Electronic Record on Appeal (eROA) system. Confirm with the circuit clerk whether eROA applies to your case and use the correct filing fee ($185 for eROA vs. $165 for paper record).

7. Designation of Record for Partial Records
If only a partial record is designated, include a statement of points relied upon per Ark. R. App. P.–Civ. 6(c). An incomplete record that omits documents necessary to review the issues may result in affirmance on that issue.

8. Supersedeas Bond
Do not rely on the automatic 14-day stay under Ark. R. Civ. P. 62(a) for long-term protection. A formal supersedeas bond under Ark. R. App. P.–Civ. 8 is required to stay enforcement throughout the appeal.

9. Cross-Appeals
If your client prevailed in part but lost on other issues, consider whether a protective cross-appeal is necessary. The deadline for a cross-appeal is the same 30-day period, or 10 days after service of the original notice, whichever is later.

10. Rule 1-2 Supreme Court Jurisdiction
Misidentifying a case as one within the Supreme Court's exclusive jurisdiction can result in wasted time and costs. Carefully review Ark. Sup. Ct. R. 1-2 before routing a case directly to the Supreme Court.

SOURCES AND REFERENCES

• Arkansas Rules of Appellate Procedure — Civil: https://arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas
• Arkansas Supreme Court Rule 1-2 (Exclusive Jurisdiction): https://arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas
• Arkansas eROA Final Rules (2020 Ark. 421): https://www.arcourts.gov/sites/default/files/eROA-Final-Rules-PC-2020-Ark-421.pdf
• Arkansas Court of Appeals Overview: https://arcourts.gov/courts/court-of-appeals
• Arkansas Appeals Process — RMP Law: https://rmp.law/arkansas-appeals-process-what-you-need-to-know/
• Arkansas Appellate Filing Fees (Ark. Code Ann. § 21-6-403): https://law.justia.com/codes/arkansas/title-21/chapter-6/subchapter-4/section-21-6-403/