TO AMEND THE RULES OF THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF ARKANSAS; AND TO AMEND A RULE OF THE SUPREME COURT AND COURT OF APPEALS UNDER THE AUTHORITY GRANTED BY THE ARKANSAS CONSTITUTION.

New court rules for Arkansas constitutional challenges

Beginning November 1, 2025, certain constitutional challenges must start in the Arkansas Court of Appeals. The initial or amended filing must seek a ruling that a provision violates the U.S. or Arkansas Constitution in every application. This covers provisions of state laws, the Arkansas Code, and agency rules or regulations. These cases follow procedures like circuit court trials before a judge, without a jury. Filing requires a fee and formal service through a summons or other legal process. The responding party must file within the time allowed by the Arkansas Rules of Civil Procedure. The Court of Appeals decision can be appealed to the Arkansas Supreme Court. Certain reserved cases must still be filed in the Supreme Court. The Supreme Court can move appeals between the two courts. To request a transfer, the Court of Appeals must certify a jurisdiction exception, significant public interest, or a major legal principle. The Supreme Court can accept the case or send it back. Only a party to an appeal can file a petition for review. Petitions must follow Rule 1-2 and explain the basis for review with references to legal authorities. They cannot exceed three double-spaced pages measuring 8.5 by 11 inches. Grounds for review include a tied Court of Appeals vote, a conflict with either court’s prior published ruling, or errors involving Rule 1-2(c) grounds. The law does not change constitutional standards or provide household payments.