What is a rule 37 petition in Arkansas?
Asked by: Dr. Oliver Ondricka DVM | Last update: July 7, 2025Score: 4.2/5 (31 votes)
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 ...
What is the rule 37 in Arkansas?
Under this new Arkansas Rule, when a party fails to supplement discovery responses seasonably with new information, and prejudice results, then the prejudiced party may move the circuit court for relief.
What is a Rule 37 letter?
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
How long can a cop detain you in Arkansas?
An officer acting under this rule may require the person to remain in or near such place in the officer's presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances.
What is the 9 month rule in Arkansas?
(a) Any defendant charged with an offense and incarcerated in a city or county jail in this state pending trial shall be released on his own recognizance if not brought to trial within nine (9) months from the time provided in Rule 28.2, excluding only such periods of necessary delay as are authorized in Rule 28.3.
Arkansas: Freedom of Information Act petition submitted
How long can a felony charge be pending in Arkansas?
In Arkansas, misdemeanors generally carry a 1-year statute of limitations. Felonies are more varied, with no time limit for many felonies. There is a 6-year limit for Class Y and A felonies, and a 3-year limit for Class B, C, D, and unclassified felonies.
What is the rule 65 in Arkansas?
This rule (a)(1) is designed to simplify prior Arkansas law by providing for the issuance of a preliminary injunction or temporary restraining order without notice only where it appears that irreparable harm or injury will or might result. In all other instances, notice of such application is required.
Can you refuse to show ID in Arkansas?
If you are asked your identity, you must use your discretion as to whether you wish to refuse or to ask the law enforcement purpose of the request.
Can you film police in Arkansas?
Police may ask you to stop filming, but as long as you are not interfering with police business, you should not be required to stop recording. If an officer asks or tells you to stop filming, you can remain polite and ask the officer why you are being told to stop or where you can move to so that you can record.
Can a cop detain you without telling you why?
Police may briefly detain a pedestrian if they have at least reasonable, articulable suspicion that the pedestrian is involved in current or imminent criminal activity. (Note that while they must have specific, articulable facts to support this suspicion, they do not have to share those facts with you).
What does rule 37 mean?
Rule 37— Failure to Make Disclosure or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
What is under Rule 37?
Rule 37 had initially ordained that taxpayers must furnish the details of supply, including the amount unpaid and the proportionate ITC claimed and due to be reversed. The amendment makes no mention of furnishing of details. Earlier, ITC claims reversed were added back to the output tax liability of the taxpayer.
What is a Rule 37 statement?
Rule 37(a) provides relief to a party seeking discovery against one who, with or without stated objections, fails to afford the discovery sought. It has always fully served this function in relation to depositions, but the amendments being made to Rules 33 and 34 give Rule 37(a) added scope and importance.
What is the rule 37 hearing?
Rule 37(c) explains that should a party fail to provide information or identify a witness as required by Rule 26(a) or (e), the party can't “use that witness or information to supply evidence on a motion, hearing, or trial” unless the failure can be considered justified or harmless.
What happens if someone ignores a motion to compel?
If a party or party's officer, director, or managing agent fails to obey a discovery order, the court may issue further orders. A court must also order a disobedient party, the advising attorney, or both to pay expenses resulting from the failure to reply.
Do you have to be served in person in Arkansas?
If the party being served is a person, the papers can be mailed to his or her home or mailing address. If you are giving notice to a business, the papers must be mailed to the owner(s) at the business' main office.
Can I sue someone for recording me without my permission in Arkansas?
Summary. An individual must have the consent of at least one party to a conversation in order to legally record either an in-person or phone conversation. Intercepting such conversations without consent, as well as possessing a recording, is a misdemeanor.
Can police tell you to stop recording?
If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment.
Can someone film me in my backyard?
A fenced backyard would normally be considered private. The interior of one's house would almost always be considered private, though if you've got a big picture window and a passerby happened to look in be, or even photograph it while, say, taking a picture of a bird, filing a lawsuit would likely go nowhere.
Do I have to get out of my car if a cop asks?
Can I refuse to get out of my car during a traffic stop? Legally, no. Officers have the right to order both drivers and passengers out of the car during a traffic stop. Refusing to comply can lead to additional charges or escalate the situation.
Is Arkansas a stand your ground state?
In 2021, Arkansas enacted a bill that changed the state's self-defense laws and introduced “Stand Your Ground.” This idea of thinking has been implemented in bills across the U.S. states and allows victims to use lethal force in situations where their life is in danger.
What is a police Terry stop?
Defined. A Terry stop is defined as “a brief, temporary involuntary detention of a person suspected of being involved in criminal activity for the purpose of investigating the potential criminal violation.
What is the rule 35?
Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.
What is the Slayer rule in Arkansas?
In Arkansas, and in many other states, the slayer statute also applies to beneficiaries to a life insurance policy, stating that if a beneficiary wrongfully takes the life of the insured, the beneficiary will not be allowed to collect the life insurance proceeds.
What is a SR 21 in Arkansas?
Accident Report (SR 1-21) Within 30 days of an accident that results in bodily injury to or the death of a person, or damage to the property of a person in excess of $1,000 by filling out this form and emailing it to DFA.