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In re Adoption of Revised Rules 11 and 64 and New Rule 87 of the Arkansas Rules of Civil Procedure
Citation: 2017 Ark. 373
Court: Supreme Court of Arkansas; December 13, 2017; Arkansas; State Supreme Court
Original Court Document: View Document
Proposed amendments to Rules 11 and 64 of the Arkansas Rules of Civil Procedure, along with a new Rule 87, have been adopted following public commentary. The amendments take effect immediately. Rule 11 outlines requirements for signing pleadings and motions. Attorneys must sign documents in their individual names, including their address, while self-represented parties must provide their signature, address, and phone number. Verification or affidavits are not generally required unless specified by law. The signature of an attorney or party signifies a certification that the document is not filed for improper purposes, is supported by existing law or a valid legal argument, has evidentiary support for factual claims, and complies with confidentiality redaction requirements. If a document is unsigned, it will be stricken unless promptly signed after notification. Sanctions for violations include dismissing claims, striking pleadings, entering default judgments, reimbursing opposing parties for expenses, imposing penalties, or referring attorneys to disciplinary bodies. Sanctions must specify the conduct leading to the penalty and how monetary amounts were calculated. A court cannot impose monetary sanctions for certain violations unless a show-cause order was issued prior to dismissal or settlement of claims. A motion for sanctions must be filed separately from other motions and explicitly detail the conduct violating subdivision (b). It should be served according to Rule 5 but not submitted to the court unless the challenged claim is not withdrawn or corrected within 21 days of service. If the motion prevails, the court may award reasonable expenses and attorney's fees to the prevailing party. The court can also independently order an attorney or party to explain why their conduct has not violated subdivision (b), allowing at least 14 days for a response. Regarding the addition and withdrawal of counsel, when a new attorney is hired, they must promptly notify the clerk, court, and opposing counsel. An attorney cannot withdraw from representation without court permission unless good cause is shown, which includes taking steps to avoid client prejudice, providing all client materials, and refunding unearned fees. Limited scope representation is permitted, allowing attorneys to limit their role in court proceedings as per Rule 1.2(c) of the Arkansas Rules of Professional Conduct. A notice of limited scope representation must be filed before or with the start of representation, although it is not required for attorneys drafting documents for self-represented individuals. Drafted documents must indicate attorney assistance but do not require the attorney's signature. The attorney's involvement ends upon filing a notice of completion, and service is only required for matters within the scope of representation as specified in the notice. These rules were introduced following amendments to clarify the ethical responsibilities of attorneys providing limited-scope representation.