In this post, I discuss the deadline to file the record on appeal and the requirements imposed by the appellate court.
After filing the first notice of appeal, the deadline to file the record on appeal is ninety days. Within that time period, you must file the record on appeal with the Clerk of the Arkansas Supreme Court.
Where an appeal is taken from an interlocutory order, however, the deadline to file the record is only thirty days from the entry of that order.
If, however, any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court may extend the deadline to file the record.
The right to an extension, however, is not absolute. The circuit court may only grant such a request if the following conditions are met:
- The appellant has filed a motion explaining why additional time is needed and has served copies of the motion on all other counsel of record.
- The deadline to file the record on appeal, as described above, has not yet passed.
- All parties have had the opportunity to be heard on the motion, whether at a hearing or by writing.
- The appellant has made a timely order of the stenographically reported material from the court reporter and has made any required payments for such an order.
- An extension of the deadline to file the record is necessary for the court reporter to include the applicable material or for the circuit clerk to compile the record.
If all of these conditions are met, the circuit court may provide additional time. In no event, however, shall the time be extended beyond seven months from the date the judgment or order that is the subject of the appeal was entered or, where applicable, from any time-extending post judgment motions as described in a previous post, whichever is later.