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369 Ark. 209

252 S.W.3d 136

Studie v. Corbin

Supreme Court of Arkansas

Decided March 8, 2007

Supreme Court of Arkansas · decided 2007-03-08

Cited by 4 later decisions — most recently June 2008

4 state decisions

Key passage — most relied on by later courts

“(b) Extension of time. (1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court, by order entered before expiration of the period prescribed by subdivision (a) of this rule or a prior extension order, may extend the time for filing the record only if it makes the following findings: (A) The appellant has filed a motion explaining the reasons for the requested extension and served the motion on all counsel of record; (B) The time to file the record on appeal has not yet expired; (C) All parties have had the opportunity to be heard on the motion, either at a hearing or by responding in writing; (D) The appellant, in compliance with Rule 6(b), has timely ordered the stenographically reported material from the court reporter and made any financial arrangements required for its preparation; and (E) An extension of time is necessary for the court reporter to include the stenographically reported material in the record on appeal.”

quoted by 1 later decision, including Office of Child Support Enforcement v. Brown

Relies on Woods v. Tapper · McKeown v. State · Keesee v. Keesee

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-08

View the full empirical analysis of this case →

Per Curiam.

¶1 Appellant James Studie filed a motion for rule on clerk seeking an order of this court directing the Arkansas Supreme Court Clerk to accept his record for fifing. Appellant attempted to file his record and transcript on February 5, 2006, under an extension of time granted by the circuit court, pursuant to Ark. R. App. P. — Civ. 5(b), on November 6, 2006. The clerk refused the filing because there was no finding in the order by the circuit court that “[a]ll parties had the opportunity to be heard on the motion, either at a hearing or by responding in writing” as required by Rule 5(b)(1)(C).

¶2 Arkansas Rules of Appellate Procedure - Civil 5(b)(1)(C) provides in part:

(b) Extension of time.
(1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court, by order entered before expiration of the period ... may extend the time for filing the record only if it makes the following findings:
(C) All parties have had the opportunity to be heard on the motion, either at a hearing or by responding in writingf.]

¶3 This court has made it very clear that we expect strict compliance with the requirements of Rule 5(b), and that we do not view the granting of an extension as a mere formality. See, e.g., Keesee v. Keesee, 367 Ark. 416, 240 S.W.3d 573 (2006) (per curiam); Woods v. Tapper, 367 Ark. 239, 238 S.W.3d 929 (2006) (per curiam). The order of extension in this case makes no reference to the findings of the circuit court required under Rule 5(b)(1)(C). Accordingly, we remand this matter to the circuit judge for compliance with Rule 5(b)(1)(C).

¶4 Remanded.

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