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.
(b) Where applicable and unless otherwise specifically modified herein, the Arkansas 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.
History
History. Amended November 18, 1996, effective March 1, 1997; amended May 24, 2001, effective July 1, 2001; revised December 9, 2004, effective January 1, 2005
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 courts of this State or the venue of actions therein.
(b) There shall be no jury trials in district court. In order that the right of trial by jury remains inviolate, all appeals from judgment in district court shall be de novo to circuit court.
History
History. Revised December 9, 2004, effective January 1, 2005
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.
History
History. Amended November 18, 1996, effective March 1, 1997; revised December 9, 2004, effective January 1, 2005
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 the address 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: ______________________________
History
History. Amended November 18, 1996, effective March 1, 1997; revised December 9, 2004, effective January 1, 2005
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.
History
History. Amended November 18, 1996, effective March 1, 1997; revised December 9, 2004, effective January 1, 2005
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 determination of 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] =forme
History
History. Amended November 18, 1996, effective March 1, 1997; revised December 9, 2004, effective January 1, 2005
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 motion or 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.
History
History. Amended November 18, 1996, effective March 1, 1997; revised December 9, 2004, effective January 1, 2005
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 lien against 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.
History
History. Amended November 18, 1996, effective March 1, 1997; revised December 9, 2004, effective January 1, 2005
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 showing that 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.
History
History. Amended May 26, 1987, effective July 1, 1987; amended November 18, 1996, effective March 1, 1997; amended January 22, 2004; revised December 9, 2004, effective January 1, 2005
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 mail and 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 ________________________
Small Claims Division
________________________________________
Plaintiff
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.
(f) Restrictions on participation by attorneys. See Administrative Order Number 18.
History
History. Revised December 9, 2004, effective January 1, 2005
Rule 11. Uniform paper size.
All briefs, motions, pleadings, records, transcripts, and other papers required or authorized by these rules shall be on 81/2" by 11" paper.
History
History. Adopted May 15, 1989; revised December 9, 2004, effective January 1, 2005