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Arkansas Rule of Criminal Procedure 37.1(a) provides: (a) A petitioner in custody under sentence of a circuit court claiming a right to be released, or to have a new trial, or to have the original sentence modified on the ground: (i) that the sentence was imposed in violation of the Constitution and laws of the United ...
Rule 11 - Certification By Parties And Attorneys; Frivolous Appeals; Sanctions (a) The filing of a brief, motion or other paper in the Supreme Court or the Court of Appeals constitutes a certification of the party or attorney that, to the best of his knowledge, information and belief formed after reasonable inquiry, ...
Rule 37 - Failure to Make Discovery; Sanctions (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to all parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.
Within seven days after this hearing the convicting court is required to issue an order which either appoints, or declines to appoint, post-conviction counsel for the convicted person. The Rule 37 petition must be filed within 90 days after the entry of that order.
The best-evidence rule, Rule 1002 of the Arkansas Rules of Evidence, provides: ?[t]o prove the content of a writing, ? the original writing ? is required, except as otherwise provided in these rules or by [rules adopted by the Supreme Court of this state or by] statute.? Ark. R. Evid.
Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Rule 8.1, "Prompt First Appearance," provides that "an arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay."z7 At the first appearance, the judicial officer must inform the defendant that: (1) he is not required to say anything, ...