|
It's no mystery!
Updated
August 17, 2006
The rule:
Arkansas Supreme Court Rule 4-2(a)(5)
governs the preparation of abstracts:
Abstract. The appellant's
abstract or abridgment of the transcript should consist of an impartial
condensation, without comment or emphasis, of only such material parts of the
testimony of the witnesses and colloquies between the court and counsel as are
necessary to an understanding of all questions presented to the Court for
decision. Depositions shall be abstracted in similar fashion. For ease of
abstracting, the court reporter shall provide the attorney, at cost, a copy of
the transcript in an electronic form, e.g., a computer diskette, so that
material may be electronically copies and placed in the abstract. (If the court
reporter does not have the requisite equipment, then this requirement shall not
apply.) Pleadings and documentary evidence should not be abstracted. On a second
or subsequent appeal, the abstract shall include a condensation of all pertinent
portions of the record filed on any prior appeal. Not more than one page of the
transcript shall in any instance be abstracted without a page reference to the
transcript. In the abstracting of testimony, the first person (i.e., "I") rather
than the third person (i.e., "He, She") shall be used. The Clerk will refuse to
accept a brief if the testimony is not abstracted in the first person or if the
abstract does not contain the required references to the record. Whenever a map,
plat, photograph, or other similar exhibit must be examined for a clear
understanding of the testimony, the appellant shall reproduce the exhibit by
photography or other process and include it in the Addendum with a reference in
the abstract to the page in the Addendum where the exhibit appears unless this
requirement is shown to be impracticable and is waived by the Court upon motion.
(click
here to read text of Addendum rule).
Therefore, for the contents
of the record that must be abstracted, follow these guidelines:
 | Abstract
matters in the designated record in the same order
in which they were assembled by the lower court's clerk. The testimony
or colloquies between court and counsel may appear as deposition testimony
in an exhibit, in pre-trial proceedings such as motion hearings, or at
the trial itself. Do not abstract deposition testimony which was not made
part of the appellate record.
|
 | Begin
each new item in the Abstract with a heading
setting out the name of the item (e.g., Direct Examination of John Doe;
Deposition of Mary Smith). You may add additional identification information
if it will prevent confusion (e.g., Motion Hearing of July 22, 2001). Don't
put a heading at the bottom of the page with no text beneath it; see Brief
Format Requirements.
|
 | Abstract
all material testimony (anything in
the record typed up in Q & A format) in the first
person, incorporating the question into the witness's answer.
Include material testimony which is unfavorable to your client, no matter
how much you hate to do it. Click here to see
a side-by-side example of Q & A converted to first-person narrative. |
 | Do
not abstract non-material recitations or boilerplate like common stipulations
to the taking of depositions. Omit testimony not material to the issues
on appeal, including objections and responses which are not related to
the basis of the appeal.
|
 | If
a person's exact words are at issue, you may reproduce them exactly. For
example, the reviewing court may need to see the precise wording of an
opponent's objectionable question or a judge's ruling from the bench. Do
not overdo it, though, or you risk the perception that you were too lazy
or incompetent to properly abstract these exchanges.
|
 | Provide
a record page reference for each
page of the transcript you abstract (Note: former rule required
reference for every two pages; this is no longer the rule!) Set
off the page reference from the regular text by putting it in bold, e.g.,
R. 45, or enclosing it in parentheses, e.g., (R. at 45.).
|
 | The
Abstract should be double-spaced,
just like rest of the Brief. The Abstract is not counted in your brief's
page limit. For an appeal from a lengthy trial, the Abstract might even
be longer than the Argument portion of the brief! Number the pages of the Abstract distinctly from the pages of the brief
(e.g., Ab-1). |
|