(a) Court Hours. Courts shall be deemed open as specified in subsection (c) hereof for the purpose of filing any pleading or other paper; of issuing and returning process; and of making and directing all interlocutory motions, orders and rules. Pleadings and other papers may be filed with the judge as provided in Rule 5(d).
Rule 77.Courts and Clerks
Last amended July 1, 2014 · Last verified July 13, 2026
In one sentenceRule 77 fixes when circuit courts and clerk's offices are open for filing and other business, keeps trials and hearings public except where the law says otherwise, and lets the clerk grant routine orders that the court can later revisit for good cause.
Full Text of Rule 77
(b) Trials and Hearings. All trials and hearings shall be public except as otherwise provided by law, such as, for example, Ark. Code Ann. § 16-13-222.
(c) Clerk’s Office and Orders of Clerk. The clerk’s office with the clerk or deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and legal holidays. All motions and applications in the clerk’s office for issuing mesne or final process and for any other proceedings which do not require allowance or order of the court are grantable of course by the clerk, but his action may be suspended, altered or rescinded by the court upon good cause shown.
Amendment History
Amended November 11, 1991, effective January 1, 1992; amended March 13, 2014, effective July 1, 2014.
Reporter's Notes
Reporter’s Notes to Rule 77: 1. Rule 77 varies substantially from FRCP 77 and attempts to track prior Arkansas procedure. Overall, this rule does not make any significant changes in prior Arkansas law.
2. Under FRCP 77(a), the court is always considered open for the purpose of filing papers. This is consistent with FRCP 5(e), which permits the filing of papers with the judge personally, regardless of whether it is during the usual office hours of the court.
3. Although Ark. Stat. Ann. §§ 22-312 and 22-407 (Repl. 1962) seem to suggest that circuit and chancery courts are always open as provided in FRCP 77, the meaning is not the same. Under Arkansas law, the term "court always open" is intended to signify that a court remains in session continuously from the beginning of its term until the end thereof. Under the Federal Rule, a court is always open in the sense that papers can always be filed with the judge or clerk, regardless of whether the clerk’s office is open. Casalduc v. Diaz, 117 F.2d 915, cert. denied, 314 U.S. 639, 62 S. Ct. 74 (1941).
4. Section (b) differs from FRCP 77(b) and simply provides that unless otherwise provided by law, all hearings and trials shall be held in public.
5. Section (c) does not attempt to define the holidays when the clerk’s office may be open or closed. Reference to Rule 6(a) is necessary to find the definition of a legal holiday. 6. FRCP 77(d) is deemed unnecessary under Arkansas practice. Since the clerk does not prepare the judgment, there does not appear to be any necessity for the clerk to serve notice that a judgment has been entered. This is particularly true since counsel normally prepares the judgment and opposing counsel is afforded an opportunity to approve same.
Addition to Reporter’s Notes, 2014 Amendment: Rule 77(b) prescribes that all trials and hearings are to be public except as otherwise provided by law. The rule cited Ark. Code Ann. § 16-13-318 as an example of an exception to the public-trials-and-hearings requirement of the rule. Section 16-13-318 was repealed by Act 1185 of 2003 and replaced by superseding statute, Ark. Code Ann. § 16-13-222. Subsection (b) of the rule is amended to cite the correct statute.
Plain-English Summary
Rule 77(a) treats the court as open for filing pleadings and other papers, issuing and returning process, and handling interlocutory motions and orders, and it cross-references Rule 5(d) to confirm that papers can be filed with the judge directly. That matters because a party's ability to get something on the record should not hinge entirely on the clerk's office being staffed at that moment -- a judge can receive a filing personally. Historically, Arkansas used the phrase "court always open" to describe a court remaining in continuous session from the start of a term to its end, a different idea from the federal rule's guarantee that papers can always reach the judge or clerk.
Subsection (b) keeps trials and hearings public as a default rule, subject to exceptions the legislature has written into other statutes for particular kinds of proceedings. That default reflects the ordinary presumption that court business is conducted in the open, with departures left to specific statutory carve-outs rather than to a judge's general discretion.
Subsection (c) turns to the clerk's office itself: it stays open during business hours on every day except Saturdays, Sundays, and legal holidays (Rule 6(a) defines what counts as a legal holiday). Routine matters that don't require a judge's order -- issuing or reissuing process, and similar clerical business -- are grantable by the clerk as a matter of course. That authority is not absolute: the court can suspend, alter, or rescind whatever the clerk did if a party shows good cause, keeping ultimate control over the docket with the judge.
Frequently Asked Questions
When is an Arkansas circuit court considered "open" for filing purposes?
Rule 77(a) treats the court as open for filing pleadings and other papers, issuing process, and handling interlocutory motions and orders. Papers can also be filed directly with the judge under Rule 5(d), which matters when the clerk's office itself is closed.
Can I file something when the clerk's office is closed?
The clerk's office itself keeps regular business hours and closes on weekends and legal holidays, but Rule 5(d) allows filing with the judge personally, so a closed clerk's office does not necessarily mean a filing deadline cannot be met.
Are court hearings and trials always open to the public?
Yes, as a default. Rule 77(b) requires public trials and hearings except where another law provides otherwise for a particular kind of proceeding.
What can a court clerk decide without asking a judge?
The clerk can grant, as a matter of course, motions and applications that don't require a judge's order -- things like issuing routine process. This is ministerial authority, not judicial discretion.
Can a judge override something the clerk already did?
Yes. Rule 77(c) lets the court suspend, alter, or rescind a clerk's action for good cause shown, so the clerk's routine authority remains subject to the court's oversight.
What days is the clerk's office closed?
Saturdays, Sundays, and legal holidays, as defined by Rule 6(a).
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: court hoursclerk's office hourspublic trials rulefiling with the judgeclerk of court authoritylegal holidays court closed