In re Ark. Sup. Ct. R. 6-3

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SUPREME COURT OF ARKANSAS
IN RE ARKANSAS SUPREME COURT Opinion Delivered January 23, 2014
AND COURT OF APPEALS RULE 6-3
PER CURIAM
Effective this date, Arkansas Supreme Court and Court of Appeals Rule 6-3 is revised
and republished to read as follows.
Rule 6-3. Anonymity in certain appellate proceedings, opinions and case styles.
(a) Scope. The record and accompanying briefs, motions, or other filings in all
adoption appeals and all appeals originating in the juvenile division of circuit court shall be
sealed. The Clerk shall ensure that the public docket use initials to identify juveniles in those
appeals. Counsel and the Court shall preserve the juvenile’s anonymity by using initials in all
subsequent captions, opinions, motions, and briefs, as well as in oral argument, if any. The
record and papers on appeal shall be open for inspection only to counsel and parties of
record, or, only upon order of the Court after review of a written motion. In any other
appeal in which counsel for either side believes that a person’s identity should be protected
by the Court, counsel may move the Court to do so.
(b) Appellant as Movant. If the movant is the appellant in the case, the motion shall be
filed at the time the transcript is tendered for filing to the Clerk. The person whose identity
is sought to be protected shall be referred to using the initials of the first and last names in the
Cite as 2014 Ark. 31
motion and on the cover of the transcript, if applicable. Upon filing the motion, the Clerk
shall seal the record pending the Court’s decision on the motion.
(c) Appellee as Movant. If the movant is the appellee in the case, the motion shall be
filed within 5 days, excluding weekends and holidays, of the date the record is filed. The
person whose identity is sought to be protected shall be referred to using the initials of the
first and last names in the motion. Upon filing the motion, the Clerk shall seal the record
pending the Court’s decision on the motion.
(d) Service. A copy of the motion must be served upon opposing counsel who will
have 10 days to respond and serve the movant. Opposing counsel shall also use only the
initials of the first and last names of the person at issue in any response.
(e) Motion Granted. If the Court grants the motion, the Clerk shall ensure that the
cover of the tendered transcript complies with the Court’s order. Counsel and the Court
shall preserve the person’s anonymity by using initials to identify the protected party in all
subsequent captions, opinions, motions, and briefs, as well as in oral argument, if any. The
records and papers on appeal shall be open for inspection only to counsel and parties of
record, or, only upon order of the Court after review of a written motion.
(f) Motion Denied. If the Court denies the motion, the Clerk shall substitute the
person’s full name on the cover of the transcript, if applicable, and the appeal shall proceed
in accordance with these Rules.
It is so ordered.
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