II

II. CIVIL PROCEDURE

A. APPEAL.

1. Time for filing notice of appeal. A notice of appeal shall be filed within thirty (30) days from the entry of the judgment, decree or order appealed from. A notice of cross-appeal shall be filed within ten (10) days after receipt of the notice of appeal, except that in no event shall a cross-appellant have less than thirty (30) days from the entry of the judgment, decree or order within which to file a notice of cross-appeal. A notice of appeal filed after the circuit court announces a decision but before the entry of the judgment, decree, or order shall be treated as filed on the day after the judgment, decree, or order is entered. Ark. R. App. P. 4(a) (2002).

2. Time for filing notice of appeal -- extension upon filing of certain motions. Upon timely filing in the circuit court of a motion for judgment notwithstanding the verdict under Rule 50(b) of the Arkansas Rules of Civil Procedure, a motion to amend the court's findings of fact or to make additional findings under Rule 52(b), a motion for a new trial under Rule 59(a), or any other motion to vacate, alter, or amend the judgment made no later than 10 days after entry of judgment, the time for filing a notice of appeal shall be extended for all parties. The notice of appeal shall be filed within thirty (30) days from entry of the order disposing of the last motion outstanding. However, if the circuit court neither grants nor denies the motion within thirty (30) days of its filing, the motion shall be deemed denied by operation of law as of the thirtieth day, and the notice of appeal shall be filed within thirty (30) days from that date. A notice of appeal filed before disposition of any of the these motions shall be treated as filed on the day after the entry of an order disposing of the last motion outstanding or the day after the motion is deemed denied by operation of law. Such a notice is effective to appeal the underlying judgment, decree, or order. A party who also seeks to appeal from the grant or denial of the motion shall within thirty (30) days amend the previously filed notice, complying with Rule 3(e). No additional fees will be required for filing an amended notice of appeal. Ark. R. App. P. 4(b)(1) and (2) (2002).

3. Time for filing notice of appeal - extension upon showing of failure to receive notice, judgment, decree, or order. Upon a showing of failure to receive notice of the judgment, decree or order from which appeal is sought and a determination that no party would be prejudiced, the trial court may, upon motion filed within 180 days of entry of the judgment, decree, or order, extend the time for filing the notice of appeal for a period of fourteen (14) days from the date of entry of the extension order. Notice of any such motion shall be given to all other parties in accordance with Rule 5 of the Arkansas Rules of Civil Procedure. Ark. R. App. P. 4(b)(3) (2002).

4. Time for filing notice of appeal - exception to general rule for election cases. If a statute of this State pertaining to elections prescribes a time period for taking an appeal, the period so prescribed shall apply in any case subject to the statute. Ark. R. App. P. 4(c) (2002).

B. DEFENSES AND OBJECTIONS.

1. Answer and responsive pleading. A defendant shall file his answer within twenty (20) days after the service of summons and complaint upon him, except when service is upon a non-resident of this state, in which event he shall have thirty (30) days after service of summons and complaint upon him within which to file his answer. Where service is made under Rule 4(f), the defendant shall have thirty (30) days from the date of the first publication of the warning order within which to file his answer. A party served with a pleading stating a cross-claim or counter-claim against him shall file his answer or reply thereto within twenty (20) days after service upon him. The court may, upon motion of a party, extend the time for filing any responsive pleading. The filing of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court: (1) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be filed within ten (10) days after notice of the court's action; (2) if the court grants a motion for a more definite statement, the responsive pleadings shall be filed within ten (10) days after service of the more definite statement. Ark. R. Civ. P. 12(a) (2002).

2. Motion for more definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details

desired. If the motion is granted and the order of the court is not obeyed within ten (10) days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion is directed or make such order as it deems just. Ark. R. Civ. P. 12(e) (2002).

3. Motion to strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within twenty (20) days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent or scandalous matter. Ark. R. Civ. P.

12(f) (2002).

4. Response to motions. If a party opposes a motion made under this or any other rule, he shall file his response, including a brief in support, within ten (10) days after service of the motion upon him. If the movant desires to reply he shall do so within five (5) days after service of the response upon him. Ark. R. Civ. P. 12(i) (2002).

C. DEMAND FOR JURY TRIAL. Any party may demand a trial by jury of any issue triable of right by a jury by filing a written demand therefor not later than twenty (20) days prior to the trial date. If a party has demanded trial by jury for only some of the issues, any other party

within ten (10) days after service of the demand or such lesser time as the court may order, may file a demand for trial by jury of any other or all of the issues of fact in the action. Ark. R. Civ. P. 38(a), (b) (2002).

D. INTERROGATORIES: ANSWERS AND OBJECTIONS. The party upon whom the interrogatories have been served shall serve a copy of the answers or objections within thirty (30) days after service of the interrogatories, except that a defendant must serve answers or objections within thirty (30) days after service of the interrogatories upon him or within fortyfive (45) days after service of summons and complaint upon him, whichever is longer. Ark. R. Civ. P. 33(b)(3) (2002).

E. JUDGMENTS.

1. Default judgment. If the party against whom judgment by default is sought has appeared in the action, he (or if appearing by representative, his representative) shall be served with written notice of the application for judgment at least three (3) days prior to the hearing on such application. Ark. R. Civ. P. 55(b) (2002).

2. Offer of judgment. At any time more than ten (10) days before the trial begins, a party defending against a claim may serve upon the adverse party an offer of judgment. If within ten (10) days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and judgment shall be entered. When the liability of one party to another has been determined by verdict or order of judgment, but the amount or extent of liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten (10) days prior to the commencement of hearings to determine the amount or extent of liability. Ark. R. Civ. P. 68 (2002).

3. Relief from judgment. To correct any error or mistake or to prevent the miscarriage of justice, a decree or order of a circuit, chancery or probate court may be modified or set aside on motion of the court or any party, with or without notice to any party, within ninety_ (90) days of its having been filed with the clerk. Ark. R. Civ. P. 60(b) (2002).

4. Stay of proceeding to enforce judgment. Except as otherwise ordered by the court, no execution or enforcement proceedings shall issue on any judgment or decree until after the expiration of ten (10) days from the entry thereof. Ark. R. Civ. P. 62(a) (2002).

5. Summary judgment. The adverse party shall serve a response and supporting materials, if any, within twenty-one (21) days after the motion is served. The moving party may serve a reply and supporting materials within fourteen (14) days after the response is served. The court may by order enlarge the foregoing time periods. No party shall submit supplemental supporting materials after the time for serving a reply, unless the court orders otherwise. The court, on its own motion or at the request of a party, may hold a hearing on the motion not less than 14 days after the time for serving a reply. Ark. R. Civ. P. 56(c) (2002).