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In re Arkansas Supreme Court Committee On Criminal Practice

Supreme Court of Arkansas

October 18, 2018

IN RE ARKANSAS SUPREME COURT COMMITTEE ON CRIMINAL PRACTICE; ARK. R. CRIM. P. 33.6; ARK. SUP. CT. R. 3-4; AND ARK. R. APP. P. -CRIM. 2

          PER CURIAM

         The court published for comment recommendations of the Arkansas Supreme Court Committee on Criminal Practice to amend Ark. R. Crim. P. 33.6, Ark. Sup. Ct. R. 3-4, and Ark. R. App. P.-Crim. 2. See In re Arkansas Supreme Court Committee on Criminal Practice; Ark. R. Crim. P. 33.6, 2018 Ark. 240 (per curiam).

         The court adopts the amendments, effective January 1, 2019, and republishes the rules as set out below.

         Rule of Criminal Procedure 33.6.

         Rule 33.6 Instructions and Verdict Forms.

         (a) In the trial of all cases in courts of record wherein juries are employed, upon request of counsel for any party, or of a juror, it shall be the duty of the presiding judge to deliver to the jury immediately prior to its retirement for deliberation, a written copy of the oral instructions read to the jury. The written jury instructions shall be returned to the court by the foreman of the jury when the jury is dismissed.

         (b) The verdict forms and written jury instructions shall be filed in the clerk's case file at the conclusion of the jury's deliberations.

         (c) Any proffered jury instructions, which were requested by parties and rejected by the court, shall be delivered to the court reporter and made an exhibit to the court reporter's transcript.

         Reporter's Notes, 2019 Amendment. Subdivisions (b) and (c) were added.

         Rules of the Supreme Court and Court of Appeals Rule 3-4. Record in criminal cases.

(a) Order of record. In all criminal cases, after the caption set forth in Rule 3-1, the record shall be organized in the following sequence:
1. Return of the indictment or information;
2. Defendant's pleadings;
3. Subsequent pleadings and orders in ...

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