X. General Provisions
Rule 81. Applicability of rules.
(a) Applicability in General. These rules shall apply to all civil proceedings cognizable in the circuit courts of this state except in those instances where a statute which creates a right, remedy or proceeding specifically provides a different procedure in which event the procedure so specified shall apply.
(b) Actions Appealed From Lower Court. These rules shall apply to civil actions which are appealed to a court of record and which are triable de novo. Repleading is not necessary unless so ordered by the court on appeal.
(c) Procedure Not Specifically Prescribed. When no procedure is specifically prescribed by these rules, the court shall proceed in any lawful manner not inconsistent with the Constitution of this State, these rules or any applicable statute.
History. Amended May 24, 2001, effective July 1, 2001
Reporter's Notes to Rule 81: - 1. Rule 81 marks a significant departure from the form and substance of FRCP 81. The latter contains much which is simply inapplicable to state practice and this rule is designed to define, as concisely as possible, the breadth of coverage of these rules. Generally speaking, these rules apply to all proceedings in the circuit, chancery, and probate courts of this State. The exception would be those proceedings established by statute and the statute prescribes a different procedure. Except to the extent that these rules are specifically modified by statute, however, they shall apply in all cases.
2. Section (b) is designed to insure that those cases which are appealed from inferior courts and which are triable de novo shall be governed by these rules. Examples would be civil cases appealed from municipal courts and bastardy cases from county courts. There is no need, however, to replead on appeal unless ordered to do so by the court on appeal.
3. Section (c) covers those situations where a procedure is not specifically provided by these rules. In such cases, the court is free to act in any lawful manner not inconsistent with the Arkansas Constitution, these rules or any applicable Arkansas statute.
4. FRCP 81(b) abolishes writs of mandamus. These rules do not abolish this writ as it is believed it serves a valuable function in limited cases in state practice.
Addition to Reporter's Notes, 2001 Amendment: - The reference to chancery and probate courts in subdivision (a) has been deleted in light of Constitutional Amendment 80, which abolished these courts and established circuit courts as the "trial courts of original jurisdiction" in the state.
Rule 82. Jurisdiction and venue unaffected.
These rules shall not be construed to extend or limit the jurisdiction of circuit courts in this state or the venue of actions therein.
History. Amended May 24, 2001, effective July 1, 2001
Reporter's Notes to Rule 82: - 1. Rule 82 tracks FRCP 82. It makes it clear that these rules are intended to be procedural only and do not affect any substantive issues such as venue and jurisdiction. These rules assume that venue and jurisdiction are proper. Whether this is true depends upon substantive law and due process requirements.
Addition to Reporter's Notes, 2001 Amendment: - The reference to chancery and probate courts has been deleted in light of Constitutional Amendment 80, which abolished these courts and established circuit courts as the "trial courts of original jurisdiction" in the state.
Rule 83. [Abolished.]
Rule 84. Uniform paper size.
All pleadings, motions, interrogatories, requests for admissions, responses to discovery requests, depositions, briefs, findings, judgments, orders, and other papers required or authorized by these rules shall be on 81/2" x 11" paper.
History. Adopted May 15, 1989
Rule 85. Title.
These rules may be known and cited as the Arkansas Rules of Civil Procedure (ARCP).
Rule 86. Effective date.
These rules will take effect on July 1, 1979.