Deadline to File the Record on Appeal

In this post, I discuss the deadline to file the record on appeal and the requirements imposed by the appellate court.

Deadline to File the Record on Appeal

After filing the first notice of appeal, the deadline to file the record on appeal is ninety days. Within that time period, you must file the record on appeal with the Clerk of the Arkansas Supreme Court.

When an appeal is taken from an interlocutory order, the timeline is tighter: the deadline to file the record is only thirty days from the entry of that order.

When Extensions Are Granted

The right to an extension is not absolute. If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court may extend the deadline—but only if all of the following conditions are met:

1. Motion requirement: The appellant must file a motion explaining why additional time is needed and serve copies on all other counsel of record.
2. Timeliness: The original deadline to file the record on appeal must not yet have passed.
3. Notice and hearing: All parties must have had the opportunity to be heard on the motion, whether at a hearing or by written submission.
4. Court reporter order: The appellant must have made a timely order of the stenographically reported material from the court reporter and paid any required fees.
5. Necessity: An extension must be necessary for the court reporter to include the applicable material or for the circuit clerk to compile the record.

If all five conditions are met, the circuit court may grant an extension. However, the extension can never exceed seven months from the date the judgment or order that is the subject of the appeal was entered, or from any time-extending post-judgment motions as described in our guide to filing deadlines, whichever is later.

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Disclaimer: This post is for informational purposes only and is not legal advice. Consult a qualified Arkansas attorney about your specific situation.

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Sources

Rule 5 of the Arkansas Rules of Appellate Procedure—Civil (see Rule 5 in the official rules collection)

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