Our district's filing requirements are explained in our local rules, namely Rule 5.5 and 7.2
Number of Copies Required
An original of all pleadings, together with two copies shall be filed with the Clerk. [See Rule 5.5] The original pleading will be retained by the Clerk, one copy will be placed in the press box located in the public area of the Clerk's Office, and one copy will be placed in the mail box of the appropriate judicial officer. If you wish to obtain a file stamped copy of your records, you must provide an extra copy along with a self-addressed, stamped envelope.
Format and Style
All pleadings shall be typewritten, photocopied, mimeographed, or printed in type not less than elite, in double space on letter size (8 1/2 x 11) paper, and shall be filed by the Clerk unfolded and without manuscript covers. Attorneys shall take notice of case numbers assigned to each case and shall place such numbers upon all pleadings, orders, and judgments.
Signature of attorney, address, telephone number, and Arkansas Supreme Court Identification Number
Every pleading filed in behalf of a party represented by counsel shall be signed by at least one attorney of record in his or her individual name, and the attorney's address, zip code, and telephone number, and Arkansas Supreme Court identification number, or other Supreme Court identification number, if applicable, shall be stated. It is the duty of each attorney to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address. Note: To ensure that your new address or telephone number is recorded correctly, please notify the Clerk's Office of any changes by separate letter.
Motions
All motions except those mentioned below shall be accompanied by a brief consisting of a concise statement of relevant facts and applicable law. Both documents shall be filed with the Clerk, and copies shall be served on all other parties affected by the motion.
Motions Not Requiring a Brief
No brief is required from any party, unless otherwise directed by the Court, with respect to the following motions:
To extend time for the performance of an act required or allowed to be done, provided request is made before the expiration of the period originally prescribed, or as extended by previous order.
To obtain leave to file supplemental or amended pleadings.
To appoint an attorney or guardian ad item.
To permit substitution of or substituted parties or attorneys.
Statements in Opposition
Within fourteen (14) days from the date copies of a motion and supporting papers have been served upon him, any party opposing a motion shall serve and file with the Clerk a concise statement in opposition to the motion with supporting authorities. If a motion requires consideration of facts not appearing of record, the parties may serve and file copies of all photographs, documents, or other evidence deemed necessary in support of or in opposition to the motion, in addition to affidavits required or permitted by the Federal Rules of Civil Procedure. [Local Rule 7.2(b)]
Temporary Restraining Orders & Motions for Preliminary Injunctions
Pretrial motions for temporary restraining orders, motions for preliminary injunctions, and motions to dismiss, will not be taken up and considered unless set forth in a separate pleading accompanied by a separate brief.
Note: When a motion for a temporary restraining order or an application for a preliminary injunction is properly filed and requires an immediate hearing, counsel should promptly notify chambers staff or the courtroom deputy clerk for the judge assigned to the case to arrange for a subsequent court hearing.
Discovery
Pursuant to FRCP 5(d), disclosures under FRCP 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in a proceeding or the court orders filing:
Depositions and Deposition Notices
Interrogatories
Requests for Documents or to permit entry upon land Requests for Admissions
The following chart lists specific discovery documents that can and cannot be filed with the Court in light of the new Federal Rules of Civil Procedure and Local Rules that took effect December 1, 2000.
Guidelines for Filing Discovery Documents in All Pending Civil Cases:
Initial Disclosures pursuant to FRCvP 26(a)(1) are not to be filed.
Expert Disclosures pursuant to FRCvP 26(a)(2) are not to be filed.
Pretrial Disclosures pursuant to FRCvP 26(a)(3) are to be filed. (See Local Rule 26.2)
Item No. | Discovery Document | File (Yes/No) | Explanation |
1. | Witness Lists pursuant to FRCvP 26(a)(3)(A) (See Local Rule 26.2) | Yes | Permits the filing with the Court. |
2. | Exhibit Lists pursuant to FRCvP 26(a)(3)(C) (See Local Rule 26.2) | Yes | Permits the filing with the Court. |
3. | Objection to Exhibit and, Witness Lists pursuant to FRCvP 26(a)(3) | Yes | Advisory Committee Notes state that materials under (a)(3) and any objections should be filed promptly. |
4. | Rule 26(f) Report | Yes | Local Rule 26.1 requires that the FRCv.P 26(f) report be filed with the Court. (See Local Rule 26.1 for details of report). |
5. | Requests for Production of Documents | No | FRCvP 5(d)(iii) restricts filing. |
6. | Interrogatories | No | FRCvP 5(d)(ii) restricts filing. |
7. | Answer to Interrogatories | No | Yes |
8. | Objections to Interrogatories | No | FRCvP 5(d). As a "response to" interrogatories, it should not be filed. |
9. | Requests for Admission | No | FRCvP 5(d)(iv) restricts filing. |
10. | Responses to Requests for Admission | No | FRCvP 5(d). As a "response to" requests for admission, it should not be filed. |
11. | Objections to Requests for Admission | No | FRCvP 5(d). As a "response to" the requests for admission, it should not be filed. |
12. | Notice of Deposition | No | FRCvP 5(d). Advisory Committee Notes state that "discovery requests include deposition notices..." |
13. | Depositions | No | FRCvP 5(d)(i) restricts filing. |
14. | Objection to a Deposition | No | FRCvP 5(d). Advisory Committee Notes states: "Discovery requests include deposition notices and discovery responses include objections." |
15. | Objection to Use of Deposition Designated by Another Party (Rule 32) pursuant to FRCvP 26(a)(3)(B). | Yes | FRCvP 26(a)(3)(B) states that a party may serve and file promptly a list of any objection. |
16. | Objection to Admissibility of Material under Rule 26(a)(3)(C) s | Yes | FRCvP 26(a)(3)(C). A party may serve and file promptly a list disclosing objections. |
17. | Request to Permit Entry on Land | No | FRCvP 5(d)(iii) restricts filing. |
18. | Proposed Findings of Fact and Conclusions of Law | No | Local Rule 5.5(f) allows parties to submit directly to chambers. Clerk's Office will receive stamp and forward to chambers if requested by party. |
19. | Response to Proposed Finding of Fact and Conclusion of Law | No | Filing prohibited based on former Local Rule 5.5(f) that was amended on 12/1/00. Clerk's Office will receive stamp and forward to chambers if requested by party. |
20. | Objection to Magistrate Judge's Proposed Finding of Fact and Conclusion of Law | Yes | No Cite. |
21. | Trial Briefs | No | Local Rule 5.5(f) requires that parties submit doc. directly to chambers. Clerk's Office will receive stamp and forward to chambers if requested by party. |
22. | Response to Trial Briefs | No | Filing prohibited based on the former Local Rule 5.5(f). Clerk's Office will receive stamp and forward to chambers if requested by party. |
23. | Proposed Jury Instructions | No | Local Rule 5.5(f) requires parties to submit directly to chambers. Clerk's Office will receive stamp and forward to chambers if requested by a party. |
24. | Response to Proposed Jury Instructions | No | Filing prohibited based on the former Local Rule 5.5(f). Clerk's Office will receive stamp and forward to chambers if requested by a party. |
Pro Se Party Requirements
It is the duty of any party appearing pro se (i.e., not represented by counsel) to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute and defend the action diligently. A party appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and telephone number. If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.
Submission to Judge (Not the Clerk's Office)
Proposed findings of fact and conclusions of law, trial briefs, and proposed jury instructions, and responses thereto shall not be filed with the Clerk's Office; they should be submitted to the judge to whom the case is assigned, with copies served upon all other parties.