The Petition For Review

In this post, I discuss the petition for review in Arkansas appellate law.

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A party against whom the Arkansas Court of Appeals has issued an adverse ruling may wish to appeal to the Arkansas Supreme Court by filing a petition for review. The Arkansas Supreme Court may, but is not required to, accept such a request.

Contents of the Petition for Review

A petition to the Supreme Court for review of a decision of the Court of Appeals must be filed within eighteen days from the date the Court of Appeals issued its decision. The petition must briefly state the basis upon which such a review should be granted and may include citations to authority to support the petition. Only a party to the appeal heard by the Court of Appeals may file such a petition.

Grounds for Review

According to Rule 2-4 of the Rules of the Supreme Court and Court of Appeals, a petition for review must allege one of the following:

1. The Court of Appeals decided the case by a tie vote.
2. The decision of the Court of Appeals is in conflict with prior decisions of either the Arkansas Supreme Court or the Court of Appeals.
3. The Court of Appeals erred with regard to one of the following matters:

Issues of first impression.

• Issues upon which there is a perceived inconsistency in the decisions of the Court of Appeals or Supreme Court.

• Issues involving the interpretation of the United States Constitution.

• Issues of substantial public interest.

• Significant issues that require clarification or modification of current court precedent.

• Issues involving the validity or interpretation of state statute, municipal or county ordinance, or a rule or regulation of any court, administrative agency, or regulatory body.

The opposing party then has ten days to file a response to the petition for review.

Request for Oral Arguments

If the Supreme Court grants the petition for review, the Clerk of the Court will notify all parties to the case. Within two weeks of such notification, copies of the briefs previously submitted to the Court of Appeals must be filed with the Clerk of the Court. At the time of such filing, any party may request oral arguments by filing, separate from the brief, the request. In a future post, I will discuss the basis upon which the Court will make its decision regarding this request.

Supplemental and Reply Briefs

A party must request permission from the Court to file supplemental briefs as part of the review. Such a request must be filed within two weeks after the Court grants the review. If the request is granted, the moving party will then have twenty days from the granting of the motion to file its supplemental brief.

Other parties may file responsive supplemental briefs but must do so within ten days of the date that the supplement brief is filed. A reply brief may then be filed within five days of the filing of a responsive supplemental brief.

The Court seeks efficiency and brevity. Consequently, no supplemental brief, responsive supplemental brief, or reply brief may exceed ten pages in length.

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Sources:

Rule 2-4 of the Rules of the Supreme Court and Court of Appeals

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See Also:

The Notice of Appeal

Deadlines For Filing an Appeal