Supreme Court of Arkansas

Opinion delivered December 9, 2004

Per Curiam. As a consequence of Amendment 80 to the Arkansas Constitution, a number of statutory provisions governing district courts are repealed as of December 31, 2004. The Amendment 80 Implementation Committee has recommended to the Supreme Court the adoption of Administrative Order Number 18 - Administration of District Courts - and the revision of the Inferior Court Rules, including their renaming to the "District Court Rules." The purpose of these proposals is to put in place the framework to govern the administration of the district courts beginning January 1, 2005. The initial work on these proposals was done by the Supreme Court Civil Practice Committee, and the Committee's work was then reviewed by the District Court Judges of the state. We thank all of these entities for their work on this project.

Administrative Order Number 18 creates four subject matter divisions: civil, criminal, traffic, and small claims. See In re Amended Supreme Court Statement on Limited Jurisdiction Courts under Amendment 80, 351 Ark. App. (2002). Amendment 80, Section 7 places responsibility for setting the civil jurisdiction of the district courts in the Supreme Court. The civil jurisdiction of the district courts was previously codified at Ark. Code Ann. § 16-17-704, which is repealed as of January 1, 2005.

Several organizations, including the Arkansas Bar Association and the Arkansas District Judges Council, have recommended that we make no changes in the civil subject matter jurisdiction of the district courts at this time. While we adopt that recommendation, we are mindful of the significant opportunity provided to the justice system by the passage of Amendment 80 and the ability to reconsider the nature and operation of the district court. We are aware that the General Assembly is given the primary authority for adopting changes in the structure and funding of thecourt and, to some extent, our ability to change or expand the courts's jurisdiction is dependent upon the resolution of the structural issues. We will continue to work with all parties toward a final resolution of these issues, and we will continue to carry out our specific responsibility to review and establish jurisdictional monetary limits and the types of cases heard for possible changes in the future.

The conversion of the Inferior Court Rules to the District Court Rules is further explained in the Reporter's Notes, which accompany several of the rules. Rule 10 addresses procedure in the small claims division and takes most of its provisions from Ark. Code Ann. §§ 16-17-601 et seq. While some changes in the rules have been made, the primary intention at this time is to maintain the status quo and ensure that the procedural rules are in place when the statutes are repealed. We ask the Civil Practice Committee to review the District Court Rules and report any recommendations for their improvement to the court.

In order to insure the continued operations of the district courts, the Supreme Court promulgates Administrative Order Number 18, effective January 1, 2005 and amends and republishes the District Court Rules, formerly known as the Inferior Court Rules, effective January 1, 2005. Administrative Order Number 18 and the District Court Rules are set out below.

At the end of Administrative Order Number 18, a "Note" is appended which may be helpful in understanding the provisions. Pre-2004 Reporter's Notes to the Inferior Court Rules and Additions to those Notes remain part of the District Court Rules.

ADMINISTRATIVE ORDER NUMBER 18 -

ADMINISTRATION OF DISTRICT COURTS

This administrative order is promulgated pursuant to Ark. Const. Amend. 80, § 7; Ark. Code Ann. §16-17-704; and the Supreme Court's inherent rule-making authority. Procedural rulesapplicable to district courts are set out in the District Court Rules.

1. Divisions.

(a) The district court judges shall establish the following subject-matter divisions in each district court: criminal, civil, traffic, and small claims. For purposes of this administrative order, the term "traffic division" means cases relating to a violation of a law regulating the operation of a vehicle upon a roadway.

(b) The designation of divisions is for the purpose of judicial administration and caseload management and is not for the purpose of subject-matter jurisdiction. The creation of divisions shall in no way limit the powers and duties of the judges to hear all matters within the jurisdiction of the district court.

2. Departments.

(a) Each department of a district court shall maintain its own docket, and the docket shall be heard at times and places as may be determined by the judge(s) of the district court. Except as authorized in subsection (2) (b) or as approved by the Supreme Court, each department of a district court shall hear cases in all of the subject matter divisions. "Department" is defined in Ark. Code Ann. § 16-17-901.

more than one department, the judges of the district court by unanimous written agreement may designate that cases of one or more of the subject matter divisions (criminal, civil, traffic, and smallclaims) be assigned to one or more of the departments.

3. Civil Jurisdiction. The district court shall have original jurisdiction within its territorial jurisdiction over the following civil matters:

(a) Exclusive of the circuit court in all matters of contract where the amount in controversy does not exceed the sum of one hundred dollars ($100), excluding interest;

(b) Concurrent with the circuit court in matters of contract where the amount in controversy does not exceed the sum of five thousand dollars ($5,000), excluding interest;

(c) Concurrent with the circuit court in actions for the recovery of personal property where the value of the property does not exceed the sum of five thousand dollars ($5,000); and

(d) Concurrent with the circuit court in matters of damage to personal property where the amount in controversy does not exceed the sum of five thousand dollars ($5,000), excluding interest.

4. Small Claims Division. The small claims division shall have the same jurisdiction over amounts in controversy as provided in subsection 3 of this administrative order. Special procedural rules governing actions filed in the small claims division are set out in Rule 10 of the District Court Rules. The following restrictions apply to litigation in the small claims division:

(a) Restriction on participation by attorneys. No attorney-at-law or person other than the plaintiff and defendant shall take part in the filing, prosecution, or defense of litigation in the small claims division. When any case is pending in the small claims division of any district court and thejudge of the court determines that an attorney is representing any party in the case, the case shall immediately be transferred to the civil docket. However, it is not the intention of this provision and this provision shall not be construed, to abridge in any way the rights of persons to be represented by legal counsel.

(b) Entities restricted from bringing actions. No action may be brought in the small claims division by any collection agency, collection agent, or assignee of a claim or by any person, firm, partnership, association, or corporation engaged, either primarily or secondarily, in the business of lending money at interest. "Credit bureaus and collection agencies", by definition, shall include those businesses that either collect delinquencies for a fee or are otherwise engaged in credit history or business.

(c) Actions by and against corporations. (1) Corporations, other than those identified in subsection 4(b) of this administrative order, which are organized under the laws of this state and which have no more than three stockholders or in which eighty-five percent or more of the voting stock is held by persons related by blood or marriage within the third degree of consanguinity or any closely held corporations by unanimous vote of the shareholders may sue and be sued in the small claims division. (2) A corporation shall be represented in the proceedings by an officer of the corporation.

5. Assignment of Judges.

See Administrative Order Number 16.

Court Notes, 2004: Authority for a small claims division in district courts was formerly found in Ark. Code Ann. §§ 16-17-601 et seq. Subsection 1 (b) is derived from Amendment 80, § 7(D). The jurisdictional amount and the subject matter jurisdiction of civil cases in district courts are established by the Supreme Court pursuant to Amendment 80, §7(B). It was previously set by the legislature. See Ark. Code Ann. § 16-17-704. Subsection 4(a) is derived from former Ark. Code Ann. § 16-17-612. Subsection 4(b) is derived from former Ark. Code Ann. § 16-17-604. Subsection 4(c) is derived from former Ark. Code Ann. § 16-17-605.

DISTRICT COURT RULES

Rule 1. Scope of rules.

(a) These rules shall govern the procedure in all civil actions in the district courts and county courts (hereinafter collectively called the "district courts") of this state. They shall apply in the small claims division of district courts except as may be modified by Rule 10 of these rules.

Rules of Civil Procedure and the Arkansas Rules of Evidence shall apply to and govern matters of procedure and evidence in the district courts of this State. Actions in the small claims division of district court shall be tried informally before the court with relaxed rules of evidence, see Rule 10(d)(2) of these rules.

(c) Rules specific to criminal proceedings in district court shall so indicate, and in such cases,such rules shall apply to actions pending in city courts.

(d) Other matters affecting district courts may be found in Administrative Order

Number 18.

Addition to Reporter's Notes, 2004 Amendment: As a consequence of Amendment 80 to the Arkansas Constitution, the Inferior Court Rules have been revised and renamed the "District Court Rules." Effective January 1, 2005, the implementing legislation for Amendment 80 repeals several statutes governing the procedures in the district courts. The substantive revisions of these rules fill the gaps created by that repeal.

Former Inferior Court Rule 1 used the term "inferior courts," which included both district courts and county courts. See Pike Ave. Dev. Co. v. Pulaski County, 343 Ark. 338, 37 S.W. 3d 177 (2001) and the Reporter's Notes to Inferior Court Rule 1. District Court Rule 1 dispenses with the term "inferior courts." All the rules have been revised to reflect this name change.

The provisions in subsection (b) were previously found in Inferior Court Rule 10. The procedural rules for the Small Claims Division of district court are now contained in Rule 10 of the District Court Rules. See Addition to Reporter's Notes, 2004 Amendment, to Rule 10.

Administrative Order Number 18 should be consulted for other matters affecting practice in the district courts.

Rule 2. Jurisdiction and venue unaffected; Right to jury trial.

(a)These rules shall not be construed to extend or affect the jurisdiction of the district courtsof this State or the venue of actions therein.

remains inviolate, all appeals from judgment in district court shall be de novo to circuit court.

Addition to Reporter's Notes, 2004 Amendment: The second paragraph was added to this rule and designated subsection (b). It is derived from Ark. Code Ann. § 16-17-703.

Rule 3. Commencement of action.

A civil action is commenced by filing a complaint with the clerk of the proper court who shall note thereon the date and precise time of filing. However, an action shall not be deemed commenced as to any defendant not served with the complaint, in accordance with these rules, within 120 days of the date on which the complaint is filed, unless within that time and for good cause shown the court, by written order or docket entry, extends the time for service.

Rule 4. Complaint.

A complaint shall be in writing and signed by the plaintiff or his or her attorney, if any. It shall also: (a) state the names of the parties, the nature and basis of the claim, and the nature and amount of the relief sought; (b) warn the defendant to file a written answer with the clerk of the court, and to serve a copy to the plaintiff or his or her attorney, within 20 days (or within 30 days for a nonresident of this state) after service of the complaint upon him; (c) warn the defendant that failure to file an answer may result in a default judgment being entered against him; (d) recite theaddress of the plaintiff or his or her attorney, if any; and (e) contain a proof of service form which shall be completed by the person serving the defendant. No separate summons is required.

______________________________________________________________________________

COMPLAINT - FORM

___________ Court of ___________, Arkansas

___________________________________, Plaintiff

vs. No. _________

___________________________________, Defendant

Plaintiff's Address: ____________________________

Defendant's Address: ____________________________

Nature of Claim: ____________________________

Nature and Amount of Relief Claimed: ____________________________

____________________________

____________________________

____________________________

Date Claim Arose: ____________________________

Factual Basis of Claim: ____________________________

Plaintiff's Attorney, if any, and Address: ____________________________

____________________________

____________________________

___________________________________

[Signature of Attorney, if

any, or of Plaintiff]

SUMMONS AND NOTICE TO DEFENDANT

You are hereby warned to file a written answer with the clerk of the court within 20 days after the date that you receive this complaint (or within 30 days for a nonresident of this state) and to send a copy to the plaintiff or to his or her attorney. If you do not file an answer within 20 days (or within 30 days for a nonresident of this state), or if you fail to file an answer, a default judgment may be entered against you.

___________________________________

[Signature of Clerk or Judge]

PROOF OF SERVICE

STATE OF ARKANSAS

CITY OF _______________

I, ___________________________, hereby certify that I served the within complaint on the defendant, _________________________, at o'clock __.m. on ________________ 2__, by [state method of service].

___________________________________

[Signature and Office, if any]

Subscribed and sworn to before me this _____ day of __________ 2__, [To be completed if service is by someone other than sheriff or constable.]

___________________________________

Notary Public or Court Clerk

My Commission Expires: __________________________

______________________________________________________________________________

Addition to Reporter's Notes, 2004 Amendment: The sentence "No separate summon is required" was added to the first paragraph and "Summons and" was added to the "Notice to Defendant" section of the form. These additions clarify that a separate summons is not required in district court. To improve administration, a space for the defendant's address was also added to the form.

The Rule and form were also amended to give defendants who are non-residents of Arkansas thirty days to answer. This change harmonizes the procedure in the civil division of District Court with the procedure in the small claims division. Part of the now-repealed Small Claims ProcedureAct, Ark. Code Ann. §§ 16-17-610, prescribed the longer time period for nonresident defendants to answer in the small claims division. That provision survives in District Court Rule 10(b). To establish uniform procedures between the civil and small claims divisions, Rule 4 was amended. This amendment reinstates the pre-1997 procedure for answers in the civil division. See Addition to Reporter's Note, 1997 Amendment to Inferior Court Rule 6.

Rule 5. Service of complaint.

(a) By Whom Served. A copy of the complaint shall be served upon each defendant by a sheriff or constable or any other person permitted to make service under Rule 4(c) of the Arkansas Rules of Civil Procedure.

(b) Proof of Service. The person serving the complaint shall promptly make proof of service thereof to the clerk of the court. Proof of service shall reflect that which has been done to show compliance with these rules. Service by one other than the sheriff or constable shall state by affidavit the time, place, and manner of service.

Rule 6. Contents of answer; time for filing.

(a) Contents of Answer. An answer shall be in writing and signed by the defendant or his or her attorney, if any. It shall also state: (1) the reasons for denial of the relief sought by the plaintiff, including any affirmative defenses and the factual bases therefor; (2) any affirmative relief sought by the defendant, whether by way of counterclaim, set-off, cross-claim, or third-party claim, the factual bases for such relief, and the names and addresses of other persons needed for determinationof the claim for affirmative relief; and (3) the address of the defendant or his or her attorney, if any.

(b) Time for Filing Answer or Reply. A defendant shall file an answer with the clerk of the court within twenty (20) days after the service of the complaint upon the defendant, except when service is upon a nonresident of this state, in which event the nonresident shall have thirty (30) days after service of the complaint within which to file the answer. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 20 days of the date that the pleading asserting the claim is served. A copy of an answer or reply shall also be served on the opposing party or parties in accordance with Rule 5(b) of the Rules of Civil Procedure.

______________________________________________________________________________

ANSWER AND AFFIRMATIVE RELIEF - FORM

____________ Court of ____________, Arkansas

___________________________________, Plaintiff

vs. No. _________

___________________________________, Defendant

Defendant's Address: ____________________________

Reasons for Denial of Plaintiff's Claim: ____________________________

Affirmative Defenses: ____________________________

____________________________

Nature and Amount of Affirmative Relief Sought: _________________________

____________________________

Date Affirmative Claim Arose: ____________________________

Factual Basis of Affirmative Claim: ____________________________

____________________________

____________________________

Names and Addresses of Other Persons Needed for Determination of Affirmative Claim: ____________________________

____________________________

____________________________

Defendant's Attorney, if any, and Address: ____________________________

____________________________

[Signature of Attorney, if

any, or of Defendant]

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing answer was served on [plaintiff or attorney for plaintiff, as appropriate] on the ________ date of _______________, 2__, by [state method of service used, e.g., hand delivery, mail, commercial delivery service].

____________________________

[Signature of Defendant or Defendant's Attorney]

_______________________________________________________________________________________

Addition to Reporter's Notes, 2004 Amendment

Rule 6(b) has been amended to give defendants who are non-residents of Arkansas thirty days to answer any complaint. This change harmonizes the procedure in the civil division of District Court with the procedure in the small claims division. Part of the now-repealed Small Claims Procedure Act, Ark. Code Ann. §§ 16-17-610, prescribed the longer answer time for nonresident defendants in the small claims division. That provision survives in District Court Rule 10(b). To establish uniform procedures between the civil and small claims divisions, Rule 6(b) was amended. This amendment reinstates the pre-1997 procedure for answers in the civil division. See Addition to Reporter's Note, 1997 Amendment to Inferior Court Rule 6.

Rule 7. Jurisdiction - Effect of counterclaim, cross-claim, or third-party claim - Transfer.

(a) Subject Matter Jurisdiction. The civil jurisdiction of district courts is set out in Administrative Order Number 18.

(b) Plaintiff's Claim Exceeds Jurisdictional Amount. If the plaintiff's claim is in an amount that exceeds the court's jurisdictional limit, the court, upon its own motion or upon motion of either party, shall dismiss the claim for lack of subject matter jurisdiction.

(c) Compulsory Counterclaim or Set-off. If a compulsory counterclaim or a set-off involves an amount that would cause the court to lose jurisdiction of the case, the court, upon its own motionor upon motion of either party, shall transfer the entire case to circuit court for determination therein as if the case had been appealed.

(d) Permissive Counterclaim, Cross-Claim, or Third-Party Claim. If a permissive counterclaim, a cross-claim, or a third-party claim involves an amount that would otherwise cause the court to lose jurisdiction of the case, the court shall disregard such counterclaim, cross-claim, or third-party claim and proceed to determine the claim of the plaintiff.

Addition to Reporter's Notes, 2004 Amendment: Subsection (a) was added to provide the cross-reference to Administrative Order Number 18 and the other subsections were renumbered.

Rule 8. Judgments - How entered.

(a) By Default. When a defendant has failed to file an answer or reply within the time specified by Rule 6(b) of these rules, a default judgment may be rendered against him.

(b) Upon the Merits. Where the court has decided the case, it shall enter judgment in favor of the prevailing party for the relief to which the party is deemed entitled.

(c) Docket Entry. The court shall timely enter in the docket the date and amount of the judgment, whether rendered by default or upon the merits.

(d) Judgment Lien. A judgment entered by a district court in this state shall not become a lienagainst any real property unless a certified copy of such judgment, showing the name of the judgment debtor, the date and amount thereof, shall be filed in the office of the circuit clerk of the county in which such land is situated.

Rule 9. Appeals to circuit court.

(a) Time for Taking Appeal. All appeals in civil cases from district courts to circuit court must be filed in the office of the clerk of the particular circuit court having jurisdiction of the appeal within 30 days from the date of the entry of judgment. The 30-day period is not extended by a motion for judgment notwithstanding the verdict, a motion for new trial, a motion to amend the court's findings of fact or to make additional findings, or any other motion to vacate, alter or amend the judgment.

(b) How Taken. An appeal from a district court to the circuit court shall be taken by filing a record of the proceedings had in the district court. Neither a notice of appeal nor an order granting an appeal shall be required. It shall be the duty of the clerk to prepare and certify such record when requested by the appellant and upon payment of any fees authorized by law therefor. The appellant shall have the responsibility of filing such record in the office of the circuit clerk.

(c) Unavailability of Record. When the clerk of the district court, or the court in the absence of a clerk, neglects or refuses to prepare and certify a record for filing in the circuit court, the person desiring an appeal may perfect his appeal on or before the 30th day from the date of the entry of the judgment in the district court by filing an affidavit in the office of the circuit court clerk showingthat he has requested the clerk of the district court (or the district court) to prepare and certify the records thereof for purposes of appeal and that the clerk (or the court) has neglected to prepare and certify such record for purposes of appeal. A copy of such affidavit shall be promptly served upon the clerk of the district court (or the court) and the adverse party.

(d) Supersedeas Bond. Whenever an appellant entitled thereto desires a stay on appeal to circuit court in a civil case, he shall present to the district court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. The bond shall be to the effect that appellant shall pay to appellee all costs and damages that shall be affirmed against appellant on appeal; or if appellant fails to prosecute the appeal to a final conclusion, or if such appeal shall for any cause be dismissed, that appellant shall satisfy and perform the judgment, decree, or order of the inferior court. All proceedings in the district court shall be stayed from and after the date of the court's order approving the supersedeas bond.

Rule 10. Procedure in small claims division.

(a). Commencement of action - Form of claim and notice to defendant.

(1) Actions in the small claims division of district court shall be commenced whenever the claimant or the personal representative of a deceased claimant shall file with the clerk of the court a claim in substantially the following form:

_____________________________________________________________________________

In the District Court of ____________________, State of Arkansas.

Small Claims Division

____________________

Plaintiff

vs. No. __________

____________________

Defendant

Defendant's Address: _____________________________________________________

_____________________________________________________

Nature of Claim: _____________________________________________________

Nature and Amount of Relief Claimed: _____________________________________________________

Date Claim Arose: _____________________________________________________

Factual Basis of Claim: __________________________________________________

__________________________

Signature of Plaintiff

__________________________

Plaintiff's Address

SUMMONS AND NOTICE TO DEFENDANT

You are hereby warned to file a written answer with the clerk of this court within twenty (20) days after you receive this claim (or within thirty (30) days for a nonresident of this state) and forward a copy to the plaintiff at the address above or a default judgment may be entered against you.

_____________________________ (Signature of Clerk or Judge)

_____________________________ District Court Clerk

Address: _________________________________________

RETURN OF SERVICE

STATE OF ARKANSAS

COUNTY OF __________________

I, ________________________________, certify that I served the within Claim Form on the defendant, ___________________, at ____ o'clock _. m. on _________________, 2__, by ____________.

_________________________ (Show manner of service)

_________________________

Name and Office, if any

Subscribed and sworn to before me this ____ day of ____________, 2__, (To be completed if service by other than a Sheriff, Constable, or Clerk)

_________________________

Notary Public

My commission expires:

___________________________

____________________________________________________________________________________________

(2) Preparation, etc., of claim form.

The plaintiff shall prepare the claim form as is set forth in this rule. The claim form shall be presented by the plaintiff in person. Upon receipt of the claim form and filing fee, the clerk shall file the claim form and proceed to assist the plaintiff in obtaining service on the defendant. In all cases, a copy of the answer in substantially the same form as set forth in this rule shall be included by the clerk with the claim form to be served on the defendant.

(3) Service of process.

(A) Unless service by the sheriff or other authorized person is requested by the

plaintiff, the defendant shall be served by certified mail.

(B) The clerk shall enclose a copy of the claim form in an envelope addressed to

the defendant at the address stated in the claim form, prepay the postage, the cost of which may be collected from the plaintiff at time of filing, and mail the envelope to the defendant by certified mailand request a return receipt from addressee only. The clerk shall attach to the original claim form the receipt for the certified letter and the return card thereon or other evidence of service of the claim form. No separate summons is required.

(C) Service hereunder shall be in accordance with Rule 4 of the Arkansas Rules of

Civil Procedure.

(b) Answer by defendant.

A defendant shall file an answer with the clerk of the court within twenty (20) days after

the service of the claim form upon the defendant, except when service is upon a nonresident of this state, in which event the defendant shall have thirty (30) days after service of the claim form within which to file the answer. The defendant shall mail a copy of the answer to the plaintiff.

(c) Form of answer - Affirmative relief.

The defendant shall file with the clerk of the court his or her answer and assert any affirmative relief he or she may claim in substantially the following form:

_____________________________________________________________________________

In the District Court of ____________________

__________________

Plaintiff Small Claims Division

vs. No. _________________

__________________

Defendant

Defendant's Address: ______________________________________________________

Reason for Denial of Plaintiffs Claim: ____________________________________

___________________________________________________________________________

Nature and Amount of Affirmative Relief (if any): _________________________

___________________________________________________________________________

Date Affirmative

Claim Arose: ______________________________________________________________

Factual Basis of Affirmative Claim: _______________________________________

___________________________________________________________________________

___________________________________________________________________________

_______________________________

(Signature of Defendant)

______________________________________________________________________________

(d) Taking of evidence - Third-party practice.

(1) The plaintiff and the defendant shall have the right to offer evidence in their

behalf by witnesses appearing at the hearing or, with the permission of the court, at any other time.

(2) Actions in the small claims division of district court shall be tried informally

before the court with relaxed rules of evidence.

(3) No depositions shall be taken and no interrogatories or other discovery

proceedings shall be used in proceedings, except in the aid of execution.

(4) No new parties shall be brought into an action in the small claims division of district court, and no party shall be allowed to intervene.

(e) Judgments and orders - Awarding of costs - Appeals.

(1) The judge may give judgment and make such orders as to time of payment or otherwise as may be deemed by him or her to be right and just. However, judgments and orders shall be in writing and entered upon the official record in the same manner as other judgments and orders of the district court.

(2) No prejudgment attachment or prejudgment garnishment shall issue in any suit

in the small claims division of district court.

(3) Proceedings to enforce or collect a judgment shall be in all respects as in other

cases, except that security interests may be proved at the same time as the proof of the claim. The order of judgment may include an order of delivery directing the sheriff to deliver the property subject to the security interests to the plaintiff. If the court issues an order of delivery, no further action shall be necessary on the part of the plaintiff to obtain possession of the property.

(4) Except as otherwise ordered by the court, no execution or enforcement

proceedings shall issue on any judgment until after the expiration of ten (10) days from the entry thereof.

(5) The prevailing party in an action in the small claims division of district court

is entitled to costs of the action, including the costs of service and notice directing the appearance of the defendant and the costs of enforcing any judgment rendered in the action.

(6) Appeals may be taken from the judgment rendered in the small claims division

of district court in the same manner as other civil appeals are taken from district courts.

Addition to Reporter's Notes, 2004 Amendment: The provision previously contained in Inferior Court Rule 10, which concerned the applicability of the Rules, now appears in Rule 1 of the District Court Rules.

Effective January 1, 2005, the implementing legislation for Amendment 80 to the Arkansas Constitution repeals various statutes, including the Small Claims Procedure Act, Ark. Code Ann. §§ 16-17-601 et seq., for the district courts. The procedural rules for the Small Claims Division of District Court are now contained in Rule 10 of the District Court Rules. This rule echos the now-repealed statutory procedures and makes no substantive changes in those procedures.

The claim form which appeared in Ark. Code Ann. § 16-17-607 is now contained in subsection (a) of this rule. It was amended to clarify that non-resident defendants have thirty days to answer any complaint. See District Court Rule 10(b). The form was also amended to add "Summons and" to the "Notice to Defendant" section. The sentence "No separate summons is required" was added to subsection (a)(3)(B). These additions clarify that a separate summons is not required in district court.

Subsection (d) is derived from Ark. Code Ann. § 16-17-612 and subsection (e) is derived from Ark. Code Ann. § 16-17-613. Former Ark. Code Ann. § 16-17-612 (a), which set out restrictions on participation by attorneys in small claim actions, is now found in Administrative Order Number 18.

Rule 11. Uniform paper size.

All briefs, motions, pleadings, records, transcripts, and other papers required or

authorized by these rules shall be on 8 1/2" by 11" paper.