{
  "id": 243413,
  "name": "IN RE: ADMINISTRATIVE ORDER NUMBER 2 - ARK. R. CIV. P., RULES 5 and 58",
  "name_abbreviation": "In re Administrative Order Number 2",
  "decision_date": "1999-06-24",
  "docket_number": "",
  "first_page": "812",
  "last_page": "814",
  "citations": [
    {
      "type": "official",
      "cite": "338 Ark. 812"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.764,
    "sha256": "c4c4e0dc801237219cdae9f75033f319646d0ee72b0ad9b3d0dcb8c410dae1cf",
    "simhash": "1:cc6898ba62352e02",
    "word_count": 863
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  "last_updated": "2023-07-14T15:43:54.470477+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "IN RE: ADMINISTRATIVE ORDER NUMBER 2 \u2014 ARK. R. CIV. P., RULES 5 and 58"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOur Committee on Civil Practice has recommended changes in Administrative Order Number 2 (b) and additions to the Reporter\u2019s Notes to Ark. R. Civ. P., Rules 5 and 58.\nParagraph (b) (3) of Administrative Order Number 2 provides that judgments, decrees, and orders may be filed with the clerk by facsimile transmission if the court so directs.\nParagraph (b) (4) of Administrative Order Number 2 addresses emergency situations when an order needs to be effective immediately, but the clerk\u2019s office is not open.\nWe thank the committee for its work and agree with its recommendations. Accordingly, we adopt, effective immediately, the changes to paragraph (b) of Administrative Order Number 2 and republish it.\nWe direct that the additions to the Reporter\u2019s Notes to Rules 5 and 58 be added to the commentary.\nADMINISTRATIVE ORDER NUMBER 2 \u2014 Docket and Other Records\n(a) Docket. ***\n(b) Judgments and Orders. (1) The clerk shall keep a judgment record book in which shall be kept a correct copy of every final judgment or appealable order, or order affecting title to or lien upon real or personal property, and any other order which the Court may direct to be kept.\n(2) The clerk shall denote the date and time that a judgment, decree or order is filed by stamping or otherwise marking it with the date and time and the word \u201cfiled.\u201d A judgment, decree or order is entered when so stamped or marked by the clerk, irrespective of when it is recorded in the judgment record book.\n(3) If the clerk\u2019s office has a facsimile machine, the clerk shall accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court. The clerk shall stamp or otherwise mark a facsimile copy as filed on the date and time that it'is received on the clerk\u2019s facsimile machine during the regular hours of the clerk\u2019s office or, if received outside those hours, at the time the office opens on the next business day. The date stamped on the facsimile copy shall control all appeal-related deadlines pursuant to Rule 4(e) of the Arkansas Rules of Appellate Procedure\u2014Civil. The original judgment, decree or order shall be substituted for the facsimile copy within fourteen days of transmission.\n(4) At any time that the clerk\u2019s office is not open for business, and upon an express finding of extraordinary circumstances set forth in an order, any judge may make any order effective immediately by signing it, noting the time and date thereon, and marking or stamping it \u201cfiled in open court.\u201d Any such order shall be filed with the clerk on the next day on which the clerk\u2019s office is open, and this filing date shall control all appeal-related deadlines pursuant to Rule 4(e) of the Arkansas Rules of Appellate Procedure\u2014Civil.\nRule 5, Ark. R. Civ. P.\nAddition to Reporter\u2019s Notes (1999): Subdivision(c)(2) of this rule does not authorize the filing of judgments, decrees or orders by facsimile transmission. However, Administrative Order No. 2(b), as amended in 1999, requires any clerk\u2019s office with a facsimile machine to \u201caccept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court.\u201d The faxed judgment, decree or order is effective when entered by the clerk. To ensure the permanency of official court records, the original judgment, decree or order must be substituted for the facsimile copy within 14 days of transmission, but this step does not have any bearing on the effectiveness of the faxed document or the time for taking an appeal.\nRule 58, Ark. R. Civ. P.\nAddition to Reporter\u2019s Notes (1999): The second paragraph of this rule provides that a judgment or decree \u201cis effective only when ... set forth [on a separate document] and entered as provided in Administrative Order No. 2.\u201d As amended in 1999, Administrative Order No. 2(b) provides that a judgment, decree or order is \u201centered\u201d when stamped or otherwise marked by the clerk with the time and date and the word \u201cfiled,\u201d irrespective of when it is recorded in the judgment book. When the clerk\u2019s office is not open for business, and upon an express finding of extraordinary circumstances, an order is effective immediately when signed by the judge. Such order must be filed with the clerk on the next day on which the clerk\u2019s office is open, and this filing date controls all appeal-related deadlines.\nThe 1999 amendment to Administrative Order No. 2(b) also requires any clerk\u2019s office with a facsimile machine to \u201caccept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court.\u201d The faxed judgment, decree or order is effective when entered by the clerk. To ensure the permanency of official court records, the original judgment, decree or order must be substituted for the facsimile copy within 14 days of transmission, but this step does not have any bearing on the effectiveness of the faxed document or the time for taking an appeal.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "IN RE: ADMINISTRATIVE ORDER NUMBER 2 \u2014 ARK. R. CIV. P., RULES 5 and 58\nSupreme Court of Arkansas\nDelivered June 24, 1999"
  },
  "file_name": "0812-01",
  "first_page_order": 844,
  "last_page_order": 846
}