Opinion
Delivered September 9, 1996
By per curiam order dated July 15, 1996, this Court amended Supreme Court Rule 1-2 to create the requirement of filing cover sheets with appellate briefs to aid in assuring cases are filed in the appellate court having jurisdiction. We have since determined that minor changes are necessary to reconcile various rules. The following amendments are effective immediately.
The following language is added to Rule 3 of the Rules of Appellate Procedure — Civil at the end of subsection (e) Content of Notice of Appeal or Cross-Appeal, and to Rule 2 of the Rules of Appellate Procedure — Criminal at the end of subsection (a) Notice of Appeal:
The notice shall also state whether the appeal is to the Court of Appeals or to the Supreme Court; and if to the Supreme Court, the appellant shall designate the applicable subdivision of Supreme Court Rule 1-2(a) which gives the Supreme Court jurisdiction. This declaration shall be for the purpose of placing the case with one court or the other for preliminary administration. It shall not preclude the appellant from filing the Cover Sheet and Jurisdictional Statement pursuant to Supreme Court Rule 1-2 and the Brief pursuant to Supreme Court Rules 4-3 and 4-4 in the alternative court if that is later determined by the appellant to be appropriate.Supreme Court Rule 1-2 is amended by substituting for the form of the Informational Statement which appeared in the per curiam order of July 15, 1996, the form appearing at the end of this order. Henceforth, the Supreme Court Clerk is authorized to make changes in the format of the Informational Statement for purposes of clarity and administration. COVER SHEET AND JURISDICTIONAL STATEMENT
Counsel should keep in mind the Appellate Cover Sheet and Jurisdictional Statement are to be used for jurisdictional purposes only, and the discussion of the issues on appeal should be limited to their jurisdictional relevance, and not to argue their substantive merit. The Appellate Cover Sheet and Jurisdictional Statement shall consist of the following:
(a) The Cover Page shall be the same as the cover for the brief pursuant to Rule 4-2 (a) (7) except the title should be changed to "Cover Sheet and Jurisdictional Statement";
(b) The Informational Statement on the form provided by the Clerk; and
(c) The Jurisdictional Statement pursuant to Rule 1-2 (c), which shall be completed on separate page(s), not to exceed three pages, and subject to the provisions of Rule 1-2 (c)(1)(C). All requested information shall be contained in the body of the Statement. No separate supporting materials shall be affixed. The style of the case should not be stated, and, beginning with the first page, it shall contain in the order indicated:
1. The first numbered paragraph shall concisely state all issues of law raised on appeal. They should be expressed in the terms and circumstances of the case but without unnecessary detail.
2. The second numbered paragraph shall state the following: "I express a belief, based on a reasoned and studied professional judgment, that this appeal raises (no) (the following) question(s) of legal significance for jurisdictional purposes:" Then, the appellant shall explain each of the issues checked on PART V of the Informational Statement which are relevant to the appeal. Each issue should be stated with accuracy, brevity, and clarity, and should include the citations of any cases sought to be overruled or perceived to be in conflict. INFORMATIONAL STATEMENT
I. ANY RELATED OR PRIOR APPEAL ( Identify )
II. BASIS OF SUPREME COURT JURISDICTION (see Rule 1-2 (a))
(__) Check here if no basis for Supreme Court Jurisdiction is being asserted, or check below all applicable grounds on which Supreme Court Jurisdiction is asserted.
(1) ___ Construction of Constitution of Arkansas
(2) ___ Death penalty, life imprisonment, thirty years
(3) ___ Highway Comm., A.P.C.E.C., or municipal utility rates
(4) ___ Rule 37
(5) ___ Extraordinary writs
(6) ___ Elections and election procedures
(7) ___ Discipline of attorneys
(8) ___ Discipline and disability of judges
(9) ___ Rule on Clerk
(10) ___ Previous appeal in Supreme Court
(11) ___ Interlocutory appeal
(12) ___ Usury
(13) ___ Products liability
(14) ___ Oil, gas, or mineral rights
(15) ___ Torts
(16) ___ Construction of deed or will
(17) ___ Significant public interest/major legal principle
( see Part V below )
III. NATURE OF APPEAL [Write a brief statement limited to the space provided describing the case on appeal, and set out the causes of action (i.e., in a civil case, tort, contract, etc., or in a criminal case, the convicted offenses, whether felony or misdemeanor, and the punishment) underlying the judgment from which the appeal is taken.]
IV. IS THE ONLY ISSUE ON APPEAL WHETHER THE EVIDENCE IS SUFFICIENT TO SUPPORT THE JUDGMENT?
V. EXTRAORDINARY ISSUES. ( Check if applicable, and discuss in PARAGRAPH 2 of the Jurisdictional Statement .)
(__) appeal presents issue of first impression,
(__) appeal involves issue upon which there is a perceived inconsistency in the decisions of the Court of Appeals or Supreme Court,
(__) appeal involves federal constitutional interpretation,
(__) appeal is of substantial public interest,
(__) appeal involves significant issue needing clarification or development of the law, or overruling of precedent.
(__) appeal involves significant issue concerning construction of statute, ordinance, rule, or regulation.