In RE ARKANSAS SUPREME COURT COMMITTEE ON CIVIL PRACTICE - RECOMMENDATIONS TO AMEND RULE 54(e)(2) OF THE ARKANSAS RULES OF CIVIL PROCEDURE
CourtSupreme Court of Arkansas
Date FiledOctober 1, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. 133
SUPREME COURT OF ARKANSAS
IN RE ARKANSAS SUPREME Opinion Delivered: October 1, 2026
COURT COMMITTEE ON CIVIL
PRACTICE – RECOMMENDATIONS
TO AMEND RULE 54(E)(2) OF THE
ARKANSAS RULES OF CIVIL
PROCEDURE
PER CURIAM
The Arkansas Supreme Court’s Committee on Civil Practice submitted the
following for changes to Rule 54(e)(2) of the Arkansas Rules of Civil Procedure. See In re
Ark. Sup. Ct. Comm. on Civ. Prac. – Recommendations to Amend Rule 54(e)(2) of the Ark. Rules
of Civ. P., 2026 Ark. 110 (per curiam). It was published for comment, and we now adopt
the change, effective as of the date of this per curiam. The adopted amendments are shown
in “line-in, line-out” form.
We thank the Committee members for their work on this project.
Rule 54. Judgment; Costs
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(e) Attorneys’ Fees. (1) Claims for attorneys’ fees and related nontaxable expenses shall be
made by motion unless the substantive law governing the action provides for the recovery
of such fees as an element of damages to be proved at trial.
(2) Unless otherwise provided by statute or order of the court, the motion must be
filed and served no later than 14 days after entry of judgment; must specify the
judgment and the statute or rule entitling the moving party to the award; and must
state the amount or provide a fair estimate of the amount sought. If directed by the
court, the motion, shall also disclose the terms of any agreement with respect to fees
to be paid for the services for which the claim is made.
(3) On request of a party or class member, the court shall afford an opportunity for
adversary submissions with respect to the motion in accordance with Rule 43(c) or
Rule 78. The court may determine issues of liability for fees before receiving
submissions bearing on issues of evaluation of services for which liability is imposed
by the court. The court shall find the facts and state its conclusions of law, and a
judgment shall be set forth in a separate document as provided in Rule 58.
(4) The court may refer issues relating to the value of services to a special master
under Rule 53 without regard to the provisions of subdivision (b) thereof.
(5) The provisions of subparagraphs (1) through (4) do not apply to claims for fees
and expenses as sanctions for violations of these rules.
Addition to Reporter’s Notes, 2026 Amendment: Subdivision (e)(2) is amended to
delete the requirement that a motion for attorney fees be both filed and served no later than
14 days after entry of judgment. The change requires filing only within that time frame.
Service continues to be required under Ark. R. Civ. P. 5. This change brings the Rule in
line with Fed. R. Civ. P. 54, after which the Rule is modeled. An identical change was
made to the Federal Rule in 2001. Timely filing with service that complies with Ark. R.
Civ. P. 5 should be sufficient to perfect such a motion.
Special Justice CORY COX joins.
WEBB, J., not participating.
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