Ark. Code Ann. » Title 16 Chapter 13
Arkansas Code Annotated

Ark. Code Ann. § 16-13-510 (2020)

Complete record required — Waiver

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  1. In all cases before a circuit court of this state, a complete record of the proceedings shall be made by the official court reporter, or other reporter designated by the court. Upon the request of either party or the circuit judge, said record shall be transcribed, certified by the reporter as true and correct, and filed with the clerk of the court in which the proceedings were had, not less than ten (10) days before the expiration of time allowed for appeal.
  2. Nothing contained in this section shall prevent the parties, with the permission of the circuit court, from waiving a complete record of the proceeding.
  3. The court reporter's duty to transcribe and certify the record may be conditioned upon the payment, when requested by the court reporter, of up to fifty percent (50%) of the estimated cost of the transcript.

History. Acts 1989, No. 844, §§ 1, 2; 1993, No. 812, § 1.

Case Notes

Child Custody.

The clear and unambiguous language of the statute does not allow anything less than a complete record of the proceedings to be made and this requirement cannot be waived; thus, a record must be made of in-camera interviews in matters of child custody. Mattocks v. Mattocks, 66 Ark. App. 77, 986 S.W.2d 890 (1999).

Harmless Error.

Although the trial court's failure to make a verbatim record of the in-chambers conference was error, it was not reversible error since the record was settled by the trial court. Smith v. State, 324 Ark. 74, 918 S.W.2d 714 (1996).

Motion to Compel Arbitration.

In a case involving a trial court's order denying a motion to compel arbitration, remand was necessary because, in its order denying the motion to compel arbitration, the trial court said that it had announced its decision in open court during a hearing but there was no transcript of such a hearing either in the addendum or in the record. Evangelical Lutheran Good Samaritan Soc'y v. Kolesar, 2013 Ark. App. 195 (2013).

Notice of Appeal.

Failure to lodge the record was due to the dilatory actions of the husband's attorney, because while the notice of appeal stated that the attorney had ordered the transcript, it was apparent that she failed to provide the court reporter with a copy of the notice of appeal or otherwise inform court reporter that she needed the transcript until just before the original deadline to lodge the record. Eggestein v. Eggestein, 2009 Ark. 262, 308 S.W.3d 144 (2009).

Circuit court erred in granting a city's motion for extension of time to file the record in its appeal of condemnation action because the city failed to strictly comply with Ark. R. App. P. Civ. 5 where it failed to make the financial arrangements necessary for the court reporter to prepare the stenographically recorded material until the very last day that an extension could be granted. It would make little sense to hold that an extension was necessary for the court reporter to include the stenographically reported material in the record when the city was at fault in creating the necessity by failing to pay the court reporter the required deposit. City of Little Rock v. Hermitage Dev. Corp., 2015 Ark. 453, 476 S.W.3d 788 (2015).

Silence Not Waiver.

Because the state and the defense did not waive their right to a verbatim record, the trial court's failure to make a verbatim record of the in-chambers conferences on the defendant's directed-verdict motion was error; although the state voiced no objection to the trial court's handling of the directed-verdict motion in this manner, the Supreme Court of Arkansas would not construe the state's silence on the issue at trial as implying a waiver of this requirement and warned that in the future the record requirement would be strictly construed and enforced. Robinson v. State, 353 Ark. 372, 108 S.W.3d 622 (2003).

Cited: Valley v. Bogard, 341 Ark. 302, 20 S.W.3d 271 (2000); Arkansas Realtors Ass'n v. Real Forms, LLC, 2014 Ark. 385, 442 S.W.3d 845 (2014); Terry v. State, 2019 Ark. 342 (2019).

Notes of Decisions
Cited in 31 cases (4 in the last 5 years), 1996–2026 · leading case: Mattocks v. Mattocks, 986 S.W.2d 890 (Ark. Ct. App. 1999).
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Mattocks v. Mattocks, 986 S.W.2d 890 (Ark. Ct. App. 1999). · cites it 12× “We note that the Jackson and Rush cases were decided before Administrative Order Number 4 and Arkansas Code Annotated section 16-13-510 (Repl. 1994) were in effect.”
Conlee v. Conlee, 235 S.W.3d 515 (Ark. 2006). · cites it 6× “In the notice of appeal, Myers represented that “[a]ppellant has ordered the record from the court and the foregoing parts of the transcript from the court reporter of the proceedings of this case, and the appellant has made financial arrangements as required by the court…”
Johnson v. State, 987 S.W.2d 694 (Ark. 1999). · cites it 4× “4 provides: Unless waived on the record by the parties, it shall be the duty of any circuit, chancery, or probate court to require that a verbatim record be made of all proceedings pertaining to any contested matter before it.”
Robinson v. State, 108 S.W.3d 622 (Ark. 2003). · cites it 2× “) See also Ark. Code Ann. § 16-13-510 (Repl. 1999) (requiring complete record of the proceedings in all cases).”
George v. State, 151 S.W.3d 770 (Ark. 2004). · cites it 2× “Specifically, we are unable to conduct a de novo review of the disposition of appellant’s motion to suppress because there is no transcript of the hearing that was held on the motion. Administrative Order No.”
Neumann v. Smith, 2016 Ark. App. 14, 480 S.W.3d 197. · cites it 2× “4(a); see also Ark. Code Ann. § 16-13-510 (b) (Repl. 2010) (allowing parties, with permission of the circuit court, to waive a complete record of the proceeding); cf.”
Arkansas Realtors Ass'n v. Real Forms, LLC, 2014 Ark. 385, 442 S.W.3d 845. · cites it 3× “4 provides that, “[u]nless waived on the record by the parties, it shall be the duty of any circuit court to require that a verbatim record be made of all proceedings .”
Helton v. Jacobs, 57 S.W.3d 180 (Ark. 2001). · cites it 2× “up to fifty percent of the transcript costs in accordance with Ark. Code Ann. § 16-13-510 (c) (Repl. 1999).”
Lewis v. State, 123 S.W.3d 891 (Ark. 2003). · cites it 2× “Lewis begins his argument by explaining that Arkansas has demonstrated its preference for having a full and complete record through various procedural rules, legislative enactments, and case law. Specifically, Lewis directs this court to Arkansas Rule of Appellate Procedure —…”
Kesai v. Almand, 2011 Ark. 207, 382 S.W.3d 669. · cites it 2× “A notice of appeal or cross-appeal shall specify the party or parties taking the appeal; shall designate the judgment, |7decree, order or part thereof appealed from and shall designate the contents of the record on appeal.”
Lavoyce Lee Wilder v. State of Arkansas, 2023 Ark. 60. · cites it 2× “]” See also Ark. Code Ann. § 16-13-510 (a) (Supp. 2021) (requiring “a complete record of the proceedings” in “all cases before a circuit court”).”
Kara McMillan v. Tina McMillan, 2024 Ark. App. 630, 703 S.W.3d 493. · cites it 2× “or parties taking the appeal; (ii) designate the judgment, decree, order or part thereof appealed from; (iii) designate the contents of the record on appeal; 2 (iv) state that the appellant has ordered the transcript, or specific portions thereof, if oral testimony or…”
Show all 31 citing cases →
Ark. Code Ann. § 16-13-510(b): 1 case
Mattocks v. Mattocks, 986 S.W.2d 890 (Ark. Ct. App. 1999). “We note that the Jackson and Rush cases were decided before Administrative Order Number 4 and Arkansas Code Annotated section 16-13-510 (Repl. 1994) were in effect.”
Ark. Code Ann. § 16-13-510(c): 7 cases
Kesai v. Almand, 2011 Ark. 207, 382 S.W.3d 669. “A notice of appeal or cross-appeal shall specify the party or parties taking the appeal; shall designate the judgment, |7decree, order or part thereof appealed from and shall designate the contents of the record on appeal.”
Chatten v. Blair, 2009 Ark. 364, 342 S.W.3d 831.
James Tree & Crane Serv. v. Fought ‎(2)‎, 2015 Ark. 158.
In re Arkansas Supreme Court Comm. on Civil Practice – Recommendations to Amend Rules 3(f); 4(a); & 6(b) of the Arkansas Rules of Appellate Procedure, 2026 Ark. 12.
City of Little Rock v. Hermitage Dev. Corp., 2015 Ark. 453, 476 S.W.3d 788.
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