National Center for State Courts

 

Improving Justice through Leadership
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Arkansas Mass Tort Survey

    

 

   

Mass Tort
Arkansas
Survey Results



Tracking and/or reporting of mass tort cases

None known.

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Definition of "mass tort"

None known.

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Procedural rules

Arkansas R.C.P.R 23. Class actions.

Arkansas R.A.P.--Civ. R. 2. Appealable matters priority. R.2(a)(6) and (7) allow appeals to be taken from circuit court to Arkansas Supreme Court from certain interlocutory orders. R.2(a)(9) governs appeals of orders granting or denying certification of class actions. 

Appealability of orders adjudicating fewer than all the claims of fewer than all the parties in multi-party actions is governed by R. 2(a)(11). See also Ark.R.C.P. R. 54(b). Judgments, costs; judgment upon multiple claims or involving multiple parties.

The Model Appellant's Brief incorporating 2003 changes to ASCTR 4-1 and 4-2, July 2003, is available in pdf format.

Class actions brought by and against unions and other unincorporated associations must be brought pursuant to Arkansas R.C.P.R. 23.2.

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Statutes

Overruled by caselaw.

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Case law

Ford Motor Credit Co. v. Nesheim, 285 Ark. 253, 686 S.W.2d 777 (1985). Appellate procedural rules were amended to permit appeal of an order certifying a case as a class action under R. 23. In Drew v. First Federal Savings & Loan Ass'n, 271 Ark. 667, 610 S.W.2d 876 (1981), the court held that an order denying class certification was appealable under R. 2.

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Administrative orders

None known.

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Interlocutory appeal

See procedural rules. Record of appeals from certain interlocutory orders must be filed in 30 days (R.A.P. 5). Also note that the certification or denial of a class is immediately appealable in Arkansas, in contrast to the federal system.

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Infrastructure: special dockets

None known.

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Infrastructure: task forces, commissions, or other policy-level bodies

None known.

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Case management

See technology.

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Technology

The goal of the Arkansas Court Automation Project (ACAP) is to connect all the circuit courts and district courts to a statewide automated court system. The site contains news, pilot court information, legislation, statistics, and links to other state court automation projects.

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