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In re Amendment to Rule 4-7 of Rules of Supreme Court And Court of Appeals of State of Arkansas

Supreme Court of Arkansas

May 11, 2017

IN RE AMENDMENT TO RULE 4-7 OF THE RULES OF THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF ARKANSAS

          PER CURIAM

         We hereby amend and republish Rule 4-7 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas as set out below. The amendments are effective immediately. At the end of this order, the changes are set out in "line-in, line-out fashion" (new material is underlined; deleted material is lined-through).

         Rule 4-7. Briefs in Postconviction and Certain Civil Appeals Where Appellant is Incarcerated and Proceeding Pro Se

         (a) Applicability.

This rule shall govern pro se briefs filed by incarcerated persons in appeals of Rule 37.1 postconviction orders and civil appeals from the denial of relief with regard to petitions for writs of habeas corpus, declaratory judgment, mandamus, and other petitions pertaining to the appellant's conviction of a criminal offense and/or incarceration. Except for the provisions contained in this rule, briefs filed by pro se parties shall otherwise comply with the Rules of the Supreme Court and Court of Appeals. Substantial compliance with this rule shall be sufficient.

         (b) Style of briefs.

(1) Briefs - Size - Paper - Type. A pro se brief may be handwritten, typed or produced with computer or word processing equipment. A handwritten brief shall be clearly legible, shall not exceed 30 lines per page and 15 words per line with left-hand and right-hand margins of at least 1½ inches and upper and lower margins of at least 2 inches. Briefs shall be of uniform size on 8½ x 11 inch paper and firmly bound on the left hand margin by staples or other binding devices. Typed briefs shall be double-spaced, except for quoted material, which may be single-spaced and indented. Footnotes, except quotations therein, shall be double-spaced. Use of footnotes is not encouraged, and should be used sparingly. Carbon copies are not acceptable, but copies produced by offset printing, positive photocopy, or other dry photo duplicating process which produces a clearly legible black-on-white reproduction may be used. Each page in the brief should be numbered sequentially with Page 1 being the first page of the argument. The brief need not be signed by the appellant.
(2) Length of argument. Unless leave of the Court is first obtained, the argument portion of a brief shall not exceed 30 double-spaced pages including the conclusion, if any. The appellant's reply brief shall not exceed 15 double-spaced pages and shall not include any supplemental Addendum unless permitted by the Court upon motion. Motions for an expansion of the page limit must set forth the reason or reasons for the request. The motion must specify the number of additional pages requested.
(3) Affidavit. If the pro se appellant received assistance in the preparation of the content of a brief, the brief shall also be accompanied by a notarized affidavit that the appellant has prepared it without the paid assistance of any other prison inmate.

         (c) Contents of briefs.

         (1) Contents. The contents of the brief shall be in the following order:

(A) Argument. The appellant shall state each issue to be argued and then set out the argument in support of that issue. All citations of decisions of any court must state the name of the case and the volume number and page number where the case may be found.
(B) Addendum. The appellant's brief shall contain an Addendum, which consists of photocopies of documents from the record. The Addendum shall include true and legible photocopies of at least the original pleading, order from which the appeal is taken, and the notice of appeal. The appellee may prepare a supplemental Addendum if material on which the appellant relies is not in the appellant's Addendum. Only documents that are part of the record lodged in the appeal may be included in the Addendum.

         (2) Cover for briefs. On the cover of the brief there should appear the docket number and name of the case, the name of the court from which the appeal is taken, the title of the ...


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