SUPREME COURT OF ARKANSAS
No. CR 071282
JAMES E. HORVATH,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
Opinion Delivered JANUARY 17, 2008
MOTION FOR RULE ON CLERK
REMANDED.
PER CURIAM
Appellant JamesHorvath filed amotion for rule on clerk seeking an order of this court
directing the Arkansas Supreme Court Clerk to accept his record for filing. Appellant
tendered the record on December 11, 2007, under an extension of time granted by the circuit
court on August 13, 2007. The clerk refused to file the record because the extension order
did not comply with Ark. R. App. P.–Civ. 5(b)(1).
We have held that Rule 5(b)(1) applies to both civil and criminal cases for the
determination of the timeliness of a record on appeal. See Harrison v. State, 369 Ark. 518,
___ S.W.3d ___ (2007) (per curiam). Rule 5(b)(1) provides:
(b) Extension of time.
(1) If any party has designated stenographically reported material for
inclusion in the record on appeal, the circuit court, by order entered before
expiration of the period prescribed by subdivision (a) of this rule or a prior
extension order, may extend the time for filing the record only if it makes the
following findings:
(A) The appellant has filed a motion explaining the reasons for the
requested extension and served the motion on all counsel of record;
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CR 071282
(B) The time to file the record on appeal has not yet expired;
(C) All parties have had the opportunity to be heard on the motion,
either at a hearing or by responding in writing;
(D) The appellant, in compliancewith Rule 6(b), has timely ordered the
stenographically reported material from the court reporter and made any
financial arrangements required for its preparation; and
(E) An extension of time is necessary for the court reporter to include
the stenographically reported material in the record on appeal.
This court has made it very clear that we expect strict compliance with the requirements of
Rule 5(b), and that we do not view the g