Barker v. Bates

In this civil case, we denied the petitioners’ motion for rule on the clerk to lodge the transcript because the attempt to lodge it with this Court was untimely. The petitioners ask that we reconsider our ruling, stating that we “routinely grant a rule on the clerk when counsel freely admits his negligence in tendering the record on appeal in . . . [an untimely] manner.” The case cited in support of that statement is Shuffield v. State, 292 Ark. 185, 729 S.W.2d 11 (1987).

It is correct to say that we routinely grant such motions in criminal cases. The reason is as follows:

The authorities,…