In RE ARKANSAS SUPREME COURT COMMITTEE ON CIVIL PRACTICE - RECOMMENDATIONS TO AMEND RULE 4(f)(4) OF THE ARKANSAS RULES OF CIVIL PROCEDURE
── In RE ARKANSAS SUPREME COURT COMMITTEE ON CIVIL PRACTICE - RECOMMENDATIONS TO AMEND RULE 4(f)(4) OF THE ARKANSAS RULES OF CIVIL PROCEDURE ──
Court: Supreme Court of Arkansas
Date: June 04, 2026
Category: General
Cite as 2026 Ark. 105
SUPREME COURT OF ARKANSAS
IN RE ARKANSAS SUPREME Opinion Delivered: June 4, 2026
COURT COMMITTEE ON CIVIL
PRACTICE – RECOMMENDATIONS
TO AMEND RULE 4(F)(4) 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 4(f)(4) of the Arkansas Rules of Civil Procedure. See
In re Ark. Sup. Ct. Comm. on Civ. Prac. – Recommendations to Amend Rule 4(f)(4) of the
Ark. Rules of Civ. P., 2026 Ark. 19 (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 4. Summons and Service of Process.
****
(f) Personal Service Inside the State. Service of process shall be made inside the state as
follows:
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(4) Incarcerated Persons. Service on a person incarcerated in any jail, penitentiary, or
other correctional facility in this state shall be on the administrator of the institution,
the person in charge of the jail, penitentiary, or other correctional facility at the time
of service, or the on-site agent, secretary, or assistant of the administrator or the
person in charge of the jail, penitentiary, or other correctional facility at the time of
service, who shall promptly deliver the process to the incarcerated person. A copy of
the process shall also be sent to the incarcerated person by first-class mail and marked
as “legal mail” and, unless the court otherwise directs to his or her spouse, if any.
*. * * *
Addition to Reporter’s Notes, 2026 Amendment. Service upon inmates by service on
the “administrator” of a jail or correctional facility has proven to be problematic as a practical
matter. Locating the administrator and serving that person is often impractical. This
amendment addresses those difficulties. It provides for service on “the person in charge” if
the actual administrator is away at the time service is attempted, relying on the notion that
someone must always be left in charge. It also allows for service upon “the agent, secretary,
or assistant” of the administrator or the person in charge. This language is borrowed directly
from the provisions of Rule 4 addressing service on corporations and limited liability
companies where it has worked well. See Ark. R. Civ. P. 4(f)(5) & (6).
WEBB, J., not participating.
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