Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Proposed Amendments to Arkansas Rules of Civil Procedure

Supreme Court of Arkansas

September 7, 2017

IN RE PROPOSED AMENDMENTS TO THE ARKANSAS RULES OF CIVIL PROCEDURE

          PER CURIAM.

         In response to a request from the Arkansas Access to Justice Commission, the Arkansas Supreme Court Committee on Civil Practice has approved amendments to Rules 11 and 64 of the Arkansas Rules of Civil Procedure, as well as adoption of new Rule 87. These proposed changes concern limited scope representation by attorneys. We have reviewed the suggested amendments, and we now publish them for comment from the bench, bar, and public. Comments should be made in writing on or before October 6, 2017, and they should be addressed to: Stacey Pectol, Clerk, Supreme Court of Arkansas, Attn.: Civil Procedure Rules, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201. The proposed changes are set out below in "line-in, line-out" fashion (new material is underlined; deleted material is lined through).

         Rule 11. Signing of Pleadings, Motions, and Other Papers; Sanctions.

         (a) Signatures.

         (1) Every pleading, written motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his or her individual name, whose address shall be stated.

         (2) A self-represented person party who is not represented by an attorney shall sign his or her pleading, motion, or other paper and state his or her address and telephone number, if any. An attorney may draft or help to draft a pleading, motion, or other paper filed by an otherwise self-represented person. The attorney shall include a notation at the end of the prepared document stating: "This document was prepared with the assistance of a licensed Arkansas lawyer pursuant to Arkansas Rule of Professional Conduct 1.2(c)." The attorney need not sign that pleading, motion, or other paper.

         (3) Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.

         (b) Certificate,

         (1) The signature of an attorney or party constitutes a certificate by the signatory that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) (A) the pleading, motion, or other paper is not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) (B) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) (C) the factual contentions have evidentiary support;
(4) (D) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information;
(5) (E). when a party's claim or affirmative defense may only be established in whole or in part by expert testimony, the party has consulted with at least one expert, or has learned in discovery of the opinion of at least one expert, who (i) is believed to be competent under Ark. R. Evid. 702 to express an opinion in the action and (ii) concludes on the basis of the available ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.