Deadlines For Filing an Appeal
In this post, I discuss the various deadlines for filing an appeal in Arkansas.
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Arkansas has strict deadlines for filing an appeal. After a judgment or order is entered, you have thirty days to file a notice of appeal. A notice of cross-appeal must be filed within ten days of receiving the notice of appeal or thirty days of the entry of the judgment or order, whichever is longer.
There is therefore not much time to file a notice of appeal. In addition, the deadlines for filing an appeal are strictly enforced, and so you must pay careful attention to the state’s requirements if you want to ensure your appeal receives the attention it deserves.
Still, while the timeframe is short, there are some exceptions that can provide you with additional time.
Final Motions
The filing of a motion for judgment notwithstanding the verdict, a motion to amend the court’s findings of fact or to make additional findings, a motion for a new trial, or any other motion to vacate, alter, or amend the judgment made no later than ten days after the entry of judgment extends the deadline for filing a notice of appeal to thirty days following the entry of the order addressing this last motion.
If, however, the circuit court does not dispose of this final motion within thirty days of its filing, its shall be deemed denied upon the thirtieth day, thereby giving you thirty days from that date to file your notice of appeal.
Deadlines for Filing an Appeal When No Notice is Given
If you can show that you did not receive notice of the judgment or order from which you would like to appeal despite the diligence of your counsel, you can file a motion to extend the deadline for filing a notice of appeal by fourteen days from the date such an extension order is entered.
So long as no party would be prejudiced by such an extension, the circuit court must grant your motion. To be granted, however, you must make such a motion for extension within one hundred eighty days of the entry of the judgment or order in question.
The deadlines for filing an appeal are often short, but there are ways you can gain an extension, including those described above. Following the proper procedures and meeting the correct deadlines are critical when appealing a lower court’s ruling, so we encourage you to hire a competent attorney to assist you through the process.
Sources:
Rule 4 of the Arkansas Rules of Appellate Procedure—Civil
See Also:
Garrett Ham
Attorney, veteran, and servant leader writing about faith, constitutional principles, and community from Northwest Arkansas.
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