19
by Rule 54(e), they were required to file their motion
within fourteen days of the issuance of the court’s opinion, not its mandate.
Rule 54(a) defines “judgment” as “a decree and any
order from which an appeal lies.” ARK. R. CIV. P. 54(a).
Applied to the Arkansas Supreme Court, Rule 54(e)’s
fourteen-day limitations period attaches only to actions taken by that court “from which an appeal lies.”
Id. In this case, the “judgment” as defined by Rule 54(a)
is the Arkansas Supreme Court’s opinion issued on October 19, 2017. Pet. App. 13a–15a. An “appeal lies” only
from that court’s opinion, not its mandate. See U.S.
Sup. Ct. R. 13.3 (“The time to file a petition for certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance
date of the mandate. . . .”). Indeed, the Rules of the Arkansas Supreme Court and Court of Appeals provide
that the mandate cannot issue within “18 calendar
days after the judgment is rendered” in ordinary circumstances. ARK. SUP. CT. R. 5–3(b) (emphasis added).3
Because the mandate cannot issue until judgment is
rendered, the mandate cannot itself be the “judgment”
which triggers Rule 54(e). Thus, for purposes of Rule
54(e), the “judgment” of the Arkansas Supreme Court
which triggered the fourteen-day window for filing
3
Following this rule, the Arkansas Supreme Court’s mandate issued on November 7, 2017—nineteen days after the issuance of its October 19, 2017 opinion. Docket Sheet, Ark. S. Ct., No.
CV-15-988.