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In re Adoption of Revised Rules 11 And 64 And New Rule 87 of Arkansas Rules of Civil Procedure

Supreme Court of Arkansas

December 14, 2017

IN RE ADOPTION OF REVISED RULES 11 AND 64 AND NEW RULE 87 OF THE ARKANSAS RULES OF CIVIL PROCEDURE

          PER CURIAM

         We published for public comment proposed amendments to Rules 11 and 64 of the Arkansas Rules of Civil Procedure, as well as proposed new Rule 87. In re Proposed Amendments to the Arkansas Rules of Civil Procedure, 2017 Ark. 241 (per curiam). Having received and considered comments, we now adopt the proposed amendments with certain changes and publish the amended rules below. The amendments are effective immediately.

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

         (a)Signature. Except as provided in Rule 87 of these rules, 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. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.

         (b)Certificate. 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) 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)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)the factual contentions have evidentiary support;
(4)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)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 information that there is a reasonable basis to assert the claim or affirmative defense; and
(6)the pleading, motion, or other paper complies with the requirements of Rule 5(c)(2) regarding redaction of confidential information from case records submitted to the court.
. (c) Sanctions.

         (1)If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, ...


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