In re Proposed Arkansas Evidence Rule Amendments

On March 31, 2026, WLF joined leading civil-justice and defense-bar groups on a formal comment supporting the Arkansas Supreme Court’s proposed new Rule 412 of the Rules of Evidence. The rule implements the General Assembly’s 2025 phantom-damages legislation by limiting evidence of the reasonable value of past medical care to the amounts actually paid (regardless of source) or, for unpaid services, to the amount the plaintiff or a third party is legally obligated to pay—expressly excluding inflated “chargemaster” or list prices that no one actually pays. The comment explains why billed rates are misleading, notes the growing national trend of similar legislative and judicial reforms, and applauds the Court for bringing Arkansas evidence law into line with economic reality.