When a party to a lawsuit appeals a court order they are asking a higher court to decide whether the trial court applied the law correctly.  A successful appeal may lead to reversal, modification, or a remand to the trial court for further proceedings.

What Is an Appeal?

An appellate court reviews legal rulings, but will not retry the facts. In other words, an appellate court does not usually reweigh witness credibility and it does not accept new evidence. Rather, it determines whether the law was applied correctly based on the lower court record.

Key Rules in Arkansas

• Most appeals from trial court (aka circuit court) go to the Arkansas Court of Appeals unless the case falls within one of the few exceptions listed in Arkansas Supreme Court Rule 1-2, in which case the appeal will go directly to the Arkansas Supreme Court.
• Deadlines are strict. Missing the notice of appeal deadline will preclude a party from bringing an appeal.

Typical Steps in the Arkansas Appeals Process

1. Notice of Appeal

To begin the appeal process, a notice of appeal must be filed in the circuit court. In most civil cases, the deadline is 30 days from entry of the final judgment or order under Arkansas Rule of Appellate Procedure Civil 4. Certain post-trial motions, if timely, extend the deadline until the motion is decided or deemed denied. 

2. Preparing the Record

The record on appeal includes pleadings and other documents filed with the circuit court as well as hearing or trial  transcripts. On or before filing the notice of appeal the appealing party or his attorney will need  to order transcripts of the record from the court reporter and coordinate payment for the same. The record must be lodged with the appellate court within 90 days from the first notice of appeal. 

3. Briefing

Once the record is lodged with the appellate court, the briefing deadlines start to run. The appellant must file his or her opening brief within 40 days of lodging the record. The appellant’s brief explains the legal errors and the relief sought. The appellee then has 30 days to file a response brief. The appellant may then file a reply brief within 15 days if they so choose. 

4. Oral Argument (Sometimes)

Oral argument may be set at the court’s discretion. Parties may request oral argument  under Arkansas Supreme Court Rule 5-1, by filing a letter stating the request contemporaneously with their brief. The court may also set an appeal for oral argument on its own motion if it appears that the matters presented are such that oral arguments are appropriate for a full presentation of the issue. However, many appeals are decided on the briefs without oral argument.

5. Decision

After submission of all briefs, the court issues a written decision that may affirm, reverse, modify, or remand. Timing varies with the docket and complexity, but it may take a year or more before a decision is reached. 

Common Pitfalls and Practical Tips

• Missing deadlines. Calendar the notice deadline, deemed-denied dates for post-trial motions, and briefing dates.
• Poor record preservation. Make sure objections and rulings appear in the transcript and that all essential documents are in the record.
• Raising new issues on appeal. Arkansas appellate courts usually will not consider issues that were not raised and ruled on in the circuit court.
• Ignoring standards of review. Tailor arguments to de novo, clearly erroneous, substantial evidence, or abuse of discretion standards of review as applicable.
• Improper briefing format. Follow the Arkansas appellate rules on word limits, required sections, citations, and certificates.

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Final, Appealable Order

Appellate jurisdiction usually requires a final order that resolves all claims against all parties. There are a few exceptions to this rule listed in Rule 2 of  the Arkansas Rules of Appellate Procedure Civil. Additionally, a proper Arkansas Rule of Civil Procedure 54(b) certificate may allow an immediate appeal of an otherwise non appealable order. If the order is not final and does not fall under an exception, the appellate court will dismiss the appeal for lack of jurisdiction.

Record Lodging

The record must be lodged with the appellate court within 90 days of the first notice of appeal under Arkansas Rule of Appellate Procedure Civil 5(a). The circuit court may extend the time for transcript preparation, but not beyond seven months from the entry of judgment. If more time is needed after that, relief must be sought from the appellate court. This deadline or any extension granted by the court must be met or it will be fatal to the appeal.

Stays and Supersedeas

Enforcement of the trial court order may be stayed during appeal by filing a supersedeas bond. See Arkansas Rule of Appellate Procedure Civil 8 and Arkansas Rule of Civil Procedure 62. The amount and conditions typically aim to secure the judgment and costs. Movants should propose a bond that covers the judgment, post-judgment interest, and allowable costs. Some orders, such as injunctions, may involve different stay considerations.

Which Court Hears the Appeal

Most appeals are filed in the Arkansas Court of Appeals. However, under  Arkansas Supreme Court Rule 1-2, a few appeals must go straight to the Arkansas Supreme Court. The types of cases that go directly to the Supreme Court include cases involving the death penalty, life imprisonment, elections, interpretation of the Arkansas Constitution, and professional discipline. However, the Supreme Court may reassign any appeal filed in the Court of Appeals to itself. In doing so it will consider, among other things, whether the appeal presents an issue of first impression, whether it raises significant issues needing clarification or development of the law, and whether it presents issues of substantial public interest. Once an appeal has been decided by the Arkansas Court of Appeals, a party may petition the Arkansas Supreme Court for review but the Arkansas Supreme Court has no duty to review the Court of Appeals decision. Rather, it may choose to do so at its discretion.

Administrative Appeals

Most state agency decisions are reviewed under the Arkansas Administrative Procedure Act, Arkansas Code Annotated § 25-15-212. A petition for review is generally filed in circuit court within 30 days of service of the agency decision, and venue rules apply. Some proceedings use special statutes. For example, Workers’ Compensation Commission decisions are reviewed directly by the Court of Appeals, and a notice of appeal is typically due within 30 days under Arkansas Code Annotated § 11-9-711. Always check the controlling statute for unique deadlines or procedures.

Standards of Review

Arkansas appellate courts use issue-specific standards of review. A few common ones:

• De novo review for questions of law and statutory interpretation.
• Clearly erroneous for many bench trial fact findings.
• Substantial evidence for jury verdicts and certain administrative decisions.
• Abuse of discretion for evidentiary rulings, discovery management, sanctions, and many procedural decisions.

When to Talk to a Lawyer

Consider consulting an appellate lawyer as soon as possible if a judgment has been entered against you. Meeting the deadline to appeal is crucial.

Contact RMP Law

If you are considering an appeal, RMP LLP can review your judgment, confirm deadlines, and advise on next steps. Call (479) 443-2705 or Message Us to schedule a consultation. We handle appeals for individuals and businesses across Arkansas.

DISCLAIMER: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.