SUPREME COURT OF ARKANSAS
No. CR 07-29
DAVID EDWARD MOTES,
STATE OF ARKANSAS,
Opinion Delivered January 25, 2007
MOTION FOR RULE ON CLERK
Appellant David Edward Motes, by and through his attorney, Beverly C. Claunch, has
filed a motion for rule on clerk. The record reflects that appellant timely filed his notice of
appeal on September 13, 2006, making his record on appeal due on or before December 12,
2006. On December 12, the circuit court entered an order extending the time for filing the
transcript to January 19, 2007. Appellant states that when he attempted to tender the record
to this court’s clerk on January 3, 2007, the clerk refused to docket the record because the
order of extension entered on December 12 did not comply with the requirements of Ark. R.
App. P.–Civ. 5(b). Appellant subsequently filed the present motion.
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
(A) The appellant has filed a motion explaining the reasons for the
requested extension and served the motion on all counsel of record;
(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 compliance with 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.
Ark. R. App. P.–Civ. 5(b)(1) (2006). This court has made it very clear that we expect strict
compliance with the