Archive for the ‘Arkansas Court of Appeals’ Category

Rule 5-2: How We’re Citing New Arkansas Cases

In light of Arkansas Supreme Court and Court of Appeals Rule 5-2 and the transition to electronic publication of opinions, the Arkansas Law Review has adjusted its policies for recent Arkansas decisions.  The law review policy adheres to the examples provided by the Arkansas Supreme Court in its per curiam opinion on Rule 5-2, but also includes guidelines for short-form citations.  Here is the relevant portion of the law review policies including the amendment:

A. Cases.  The Arkansas Law Review provides parallel citations for all Arkansas cases.  Parallel citations should only be provided for Arkansas cases.  See Bluepage B5.1.3.

1. Arkansas Cases Published Before February 14, 2009. These decisions should be cited to the reporter in which they appear, with a parallel citation to the regional reporter and a date parenthetical.

2. Arkansas Cases Published on February 14, 2009 or Later. These decisions are available on the Arkansas Judiciary website and should be cited by referring to the case name, the year of the decision, the abbreviated court name, and the appellate decision number.  Do not include a date parenthetical.  Parallel citations to the regional reporter, if available, are required.  If the opinion is not, and will not, be reported in the regional reporter, then a parallel citation to the Westlaw citation number must be provided.  If the opinion will be published in the regional reporter but has not been assigned page numbers, include the parallel citation with two underscores in place of each forthcoming reporter number.  Examples:

Ford Motor Co. v. Nuckolls, 320 Ark. 15, 23, 894 S.W.2d 897, 902 (1995).
NOT Ford Motor Co. v. Nuckolls, 894 S.W.2d 897, 902 (Ark. 1995).
Chiodini v. Lock, 373 Ark. 88, 93, __ S.W.3d __, __ (2008).
NOT Chiodini v. Lock, 373 Ark. 88, 93 (2008).

Mathis v. State, 2009 Ark. App. 181, at 9, __ S.W.3d __, __ (Marshall, J., concurring).
NOT Mathis v. State, 2009 Ark. App. 181, 2009 WL 613458 (Marshall, J., concurring).
*Only include the Westlaw citation if the opinion will not appear in the regional reporter at all.
Full Smith v. Hickman, 2009 Ark. 12, at 1, 273 S.W.3d 340, 343.
Short Smith, 2009 Ark. 12, at 1, 273 S.W.3d at 343.
Full White v. State, 2009 Ark. App. 782, at 1, 2009 WL 3855689, at *1.
Short White, 2009 Ark. App. 782, at 2, 2009 WL 3855689, at *1.
Full Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, at 2, __ S.W.3d __, __.
Short Johnson, 2009 Ark. 241, at 2, __ S.W.3d at __.

The Arkansas Record:

Arkansas Law Review