Ark. Code Ann. § 16-47-107 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-107
Forms for acknowledgment
Status: in_force

(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, or any other legal entities, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202 : Click here to view form. (b) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by individuals, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202 : Click here to view form. (c) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by attorneys in fact, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202 : Click here to view form. (d) All deeds or instruments affecting or purporting to affect the title to land executed in the above and foregoing form listed in subsection (a), (b), or (c) of this section as applicable, shall be good and sufficient. (e) The bracketed language listed in subsections (a), (b), and (c) above, suggests alternate language and is not required to be in an acknowledgment when the alternate language is not applicable. (f) The use of the present or past tense in the form of acknowledgment shall not affect the validity of the acknowledgement. (g) The heading of the acknowledgment may list either: (1) The county where the officer executing the acknowledgment resides; or (2) The county where the acknowledgment occurred. Amended by Act 2015, No. 1152,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 999,§ 1A, eff. 4/8/2013. Acts 1919, No. 45, § 1; C. & M. Dig., § 1526; Pope's Dig., § 1836; A.S.A. 1947, § 49-212.

(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, or any other legal entities, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202 : Click here to view form.

Click here to view form.

(b) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by individuals, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202 : Click here to view form.

Click here to view form.

(c) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by attorneys in fact, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202 : Click here to view form.

Click here to view form.

(d) All deeds or instruments affecting or purporting to affect the title to land executed in the above and foregoing form listed in subsection (a), (b), or (c) of this section as applicable, shall be good and sufficient.

(e) The bracketed language listed in subsections (a), (b), and (c) above, suggests alternate language and is not required to be in an acknowledgment when the alternate language is not applicable.

(f) The use of the present or past tense in the form of acknowledgment shall not affect the validity of the acknowledgement.

(g) The heading of the acknowledgment may list either: (1) The county where the officer executing the acknowledgment resides; or (2) The county where the acknowledgment occurred.

(1) The county where the officer executing the acknowledgment resides; or

(2) The county where the acknowledgment occurred.

Amended by Act 2015, No. 1152,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 999,§ 1A, eff. 4/8/2013.

Acts 1919, No. 45, § 1; C. & M. Dig., § 1526; Pope's Dig., § 1836; A.S.A. 1947, § 49-212.

47_107_1 - Attachment

47_107_2 - Attachment

47_107_3 - Attachment
Ark. Code Ann. § 16-19-402 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-402
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 2, p. 430; 1875, No. 78, § 1, p. 187; C. & M. Dig., § 6401; Acts 1929, No. 282, § 1; 1937, No. 216, § 1; Pope's Dig., § 8363; A.S.A. 1947, § 26-301.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, § 2, p. 430; 1875, No. 78, § 1, p. 187; C. & M. Dig., § 6401; Acts 1929, No. 282, § 1; 1937, No. 216, § 1; Pope's Dig., § 8363; A.S.A. 1947, § 26-301.
Ark. Code Ann. § 16-89-129 — AR Code / Title 16 / Chapter 89 / Section 16-89-129
Final adjournment
Status: in_force

A final adjournment of the court discharges a jury. Crim. Code, § 252; C. & M. Dig., § 3196; Pope's Dig., § 4032; A.S.A. 1947, § 43-2161.

A final adjournment of the court discharges a jury.

Crim. Code, § 252; C. & M. Dig., § 3196; Pope's Dig., § 4032; A.S.A. 1947, § 43-2161.
Ark. Code Ann. § 16-94-104 — AR Code / Title 16 / Chapter 94 / Subchapter 1 / Section 16-94-104
Extradition for theft of certain property
Status: in_force

The Governor may request the extradition of a person charged with theft of property if the person committed the theft of property by: (1) Being subject to the Packers and Stockyards Act, 1921, 7 U.S.C. § 181 et seq., as it existed on January 1, 2013; (2) Obtaining livestock from a commission merchant by representing that the person will make prompt payment; and (3) Failing to make payment in accordance with 7 U.S.C. § 228b , as it existed on January 1, 2013. Added by Act 2013, No. 498,§ 1, eff. 8/16/2013.

The Governor may request the extradition of a person charged with theft of property if the person committed the theft of property by:

(1) Being subject to the Packers and Stockyards Act, 1921, 7 U.S.C. § 181 et seq., as it existed on January 1, 2013;

(2) Obtaining livestock from a commission merchant by representing that the person will make prompt payment; and

(3) Failing to make payment in accordance with 7 U.S.C. § 228b , as it existed on January 1, 2013.

Added by Act 2013, No. 498,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 16-18-112 — AR Code / Title 16 / Chapter 18 / Section 16-18-112
[Repealed]
Status: repealed

Acts 1969, No. 229, § 1; 1971, No. 48, § 1; A.S.A. 1947, § 22-812; Acts 1995, No. 175, § 2; 1995, No. 1245, § 10; 2003, No. 1185, § 174; 2007, No. 663, § 52.
Ark. Code Ann. § 16-13-1303 — AR Code / Title 16 / Chapter 13 / Subchapter 13 / Section 16-13-1303
Judges and chancellors
Status: in_force

The qualified electors of the Fifth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancellor; (3) (A) One (1) circuit-chancery judge. (B) (i) Each judge of the judgeship created by subdivision (3)(A) of this section shall be the judge of the juvenile division of chancery court. (ii) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (C) The judge of the additional circuit-chancery judgeship created in subdivision (3)(A) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits; and (4) (A) An additional circuit-chancery and juvenile judgeship which shall have jurisdiction in law, equity, and probate. (B) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (C) The judge shall serve for elected terms of four (4) years. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 1999, No. 1151, § 1.

The qualified electors of the Fifth Judicial District shall elect:

(1) One (1) circuit judge;

(2) One (1) chancellor;

(3) (A) One (1) circuit-chancery judge. (B) (i) Each judge of the judgeship created by subdivision (3)(A) of this section shall be the judge of the juvenile division of chancery court. (ii) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (C) The judge of the additional circuit-chancery judgeship created in subdivision (3)(A) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits; and

(A) One (1) circuit-chancery judge.

(B) (i) Each judge of the judgeship created by subdivision (3)(A) of this section shall be the judge of the juvenile division of chancery court. (ii) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(i) Each judge of the judgeship created by subdivision (3)(A) of this section shall be the judge of the juvenile division of chancery court.

(ii) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(C) The judge of the additional circuit-chancery judgeship created in subdivision (3)(A) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits; and

(4) (A) An additional circuit-chancery and juvenile judgeship which shall have jurisdiction in law, equity, and probate. (B) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (C) The judge shall serve for elected terms of four (4) years.

(A) An additional circuit-chancery and juvenile judgeship which shall have jurisdiction in law, equity, and probate.

(B) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts.

(C) The judge shall serve for elected terms of four (4) years.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 1999, No. 1151, § 1.
Ark. Code Ann. § 16-63-206 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-206
Setoffs
Status: in_force

(a) A setoff may be pleaded in any action for the recovery of money and may be a cause of action arising either upon contract or tort. (b) In suits by executors or administrators, debts existing against their testators or intestates and owing to the defendant at the time of the death of the testator or intestate may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased. (c) Judgments, bills, bonds, notes, or other writings assigned to the defendant after suit has been commenced against him or her shall not be allowed to be set off against the demands of the plaintiff. (d) When any plaintiff shall be indebted to a defendant in any bond, bill, note, contract, book account, or other liquidated demand and the defendant fails to set off the debt against the plaintiff's demand, the defendant shall be forever barred from recovering costs in any suit which he or she may thereafter institute upon any such bond, bill, note, contract, book account, or other liquidated demand. (e) Where it appears that a new party is necessary to a final decision upon the setoff, the court shall permit the new party to be made, if it also appears that, owing to the insolvency or nonresidence of the plaintiff or other cause, the defendant will be in danger of losing his or her claim unless permitted to use it as a setoff. Rev. Stat., ch. 139, §§ 2, 3, 7; Civil Code, §§ 119, 120; Acts 1917, No. 267, § 2, p. 1441; C. & M. Dig., §§ 1197-1201; Pope's Dig., §§ 1419-1423; A.S.A. 1947, §§ 27-1125 -- 27-1129.

(a) A setoff may be pleaded in any action for the recovery of money and may be a cause of action arising either upon contract or tort.

(b) In suits by executors or administrators, debts existing against their testators or intestates and owing to the defendant at the time of the death of the testator or intestate may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased.

(c) Judgments, bills, bonds, notes, or other writings assigned to the defendant after suit has been commenced against him or her shall not be allowed to be set off against the demands of the plaintiff.

(d) When any plaintiff shall be indebted to a defendant in any bond, bill, note, contract, book account, or other liquidated demand and the defendant fails to set off the debt against the plaintiff's demand, the defendant shall be forever barred from recovering costs in any suit which he or she may thereafter institute upon any such bond, bill, note, contract, book account, or other liquidated demand.

(e) Where it appears that a new party is necessary to a final decision upon the setoff, the court shall permit the new party to be made, if it also appears that, owing to the insolvency or nonresidence of the plaintiff or other cause, the defendant will be in danger of losing his or her claim unless permitted to use it as a setoff.

Rev. Stat., ch. 139, §§ 2, 3, 7; Civil Code, §§ 119, 120; Acts 1917, No. 267, § 2, p. 1441; C. & M. Dig., §§ 1197-1201; Pope's Dig., §§ 1419-1423; A.S.A. 1947, §§ 27-1125 -- 27-1129.
Ark. Code Ann. § 16-68-606 — AR Code / Title 16 / Chapter 68 / Subchapter 6 / Section 16-68-606
Fees upon commencement or dismissal
Status: in_force

(a) If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such person is able to pay part of the fees, costs, or security otherwise required, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action, provided that any such payment is not less than required under § 16-68-601 . Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309 . (b) Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309 . Acts 1997, No. 340, § 6.

(a) If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such person is able to pay part of the fees, costs, or security otherwise required, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action, provided that any such payment is not less than required under § 16-68-601 . Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309 .

(b) Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309 .

Acts 1997, No. 340, § 6.
Ark. Code Ann. § 16-13-1004 — AR Code / Title 16 / Chapter 13 / Subchapter 10 / Section 16-13-1004
Case coordinator
Status: in_force

(a) (1) The judges of the chancery and probate courts for the Second Judicial District may appoint one (1) case coordinator for said judicial district for chancery and probate matters. (2) The judges of the circuit court for the Second Judicial District may appoint one (1) case coordinator for said judicial district for circuit matters. (b) The principal duties of the case coordinators shall be to maintain the court calendar, schedule dates for the trial of cases and for the hearing of motions, and other related and incidental duties at the direction of the judges. (c) (1) Each case coordinator provided for in this section shall receive a salary of not less than twenty-one thousand five hundred dollars ($21,500) nor more than twenty-five thousand dollars ($25,000) per calendar year, which salary shall be prorated between the counties composing the Second Judicial District, based on the number of annual case filings in each of such counties. (2) When the county quorum courts raise the salaries of county employees, they shall also raise salaries an equivalent amount for the case coordinators provided for in this section. (d) The reasonable expenses accruing in the offices of the case coordinators shall be prorated among the counties comprising the district in the same manner as the salaries set forth above and be paid out of the county treasury. Acts 1991, No. 94, §§ 1-3; 1993, No. 188, § 1.

(a) (1) The judges of the chancery and probate courts for the Second Judicial District may appoint one (1) case coordinator for said judicial district for chancery and probate matters. (2) The judges of the circuit court for the Second Judicial District may appoint one (1) case coordinator for said judicial district for circuit matters.

(1) The judges of the chancery and probate courts for the Second Judicial District may appoint one (1) case coordinator for said judicial district for chancery and probate matters.

(2) The judges of the circuit court for the Second Judicial District may appoint one (1) case coordinator for said judicial district for circuit matters.

(b) The principal duties of the case coordinators shall be to maintain the court calendar, schedule dates for the trial of cases and for the hearing of motions, and other related and incidental duties at the direction of the judges.

(c) (1) Each case coordinator provided for in this section shall receive a salary of not less than twenty-one thousand five hundred dollars ($21,500) nor more than twenty-five thousand dollars ($25,000) per calendar year, which salary shall be prorated between the counties composing the Second Judicial District, based on the number of annual case filings in each of such counties. (2) When the county quorum courts raise the salaries of county employees, they shall also raise salaries an equivalent amount for the case coordinators provided for in this section.

(1) Each case coordinator provided for in this section shall receive a salary of not less than twenty-one thousand five hundred dollars ($21,500) nor more than twenty-five thousand dollars ($25,000) per calendar year, which salary shall be prorated between the counties composing the Second Judicial District, based on the number of annual case filings in each of such counties.

(2) When the county quorum courts raise the salaries of county employees, they shall also raise salaries an equivalent amount for the case coordinators provided for in this section.

(d) The reasonable expenses accruing in the offices of the case coordinators shall be prorated among the counties comprising the district in the same manner as the salaries set forth above and be paid out of the county treasury.

Acts 1991, No. 94, §§ 1-3; 1993, No. 188, § 1.
Ark. Code Ann. § 16-21-159 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-159
Duty after receiving notice of vacancy on district board
Status: in_force

(a) A county judge who receives notice under § 16-20-401(d) of a continuing vacancy on a district board or district commission shall investigate the alleged vacancy, and after conducting a hearing under § 16-20-401(d) , enter a county order reflecting the majority vote of the landowners of the district in attendance at the hearing to fill any continuing vacancies in the district board or district commission. (b) (1) The county judge's order may assess the district fines for violations as well as the costs of the required publications of notices. (2) A fine under subdivision (b)(1) of this section shall be not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) for each offense. (3) A fine recovered under subdivision (b)(2) of this section shall be deposited into the county clerk's cost fund. Amended by Act 2016EX3, No. 7,§ 3, eff. 5/23/2016. Amended by Act 2016EX3, No. 6,§ 3, eff. 5/23/2016. Acts 2009, No. 386, § 4.

(a) A county judge who receives notice under § 16-20-401(d) of a continuing vacancy on a district board or district commission shall investigate the alleged vacancy, and after conducting a hearing under § 16-20-401(d) , enter a county order reflecting the majority vote of the landowners of the district in attendance at the hearing to fill any continuing vacancies in the district board or district commission.

(b) (1) The county judge's order may assess the district fines for violations as well as the costs of the required publications of notices. (2) A fine under subdivision (b)(1) of this section shall be not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) for each offense. (3) A fine recovered under subdivision (b)(2) of this section shall be deposited into the county clerk's cost fund.

(1) The county judge's order may assess the district fines for violations as well as the costs of the required publications of notices.

(2) A fine under subdivision (b)(1) of this section shall be not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) for each offense.

(3) A fine recovered under subdivision (b)(2) of this section shall be deposited into the county clerk's cost fund.

Amended by Act 2016EX3, No. 7,§ 3, eff. 5/23/2016.

Amended by Act 2016EX3, No. 6,§ 3, eff. 5/23/2016.

Acts 2009, No. 386, § 4.
Ark. Code Ann. § 16-117-407 — AR Code / Title 16 / Chapter 117 / Subchapter 4 / Section 16-117-407
Liability of assignee on bond
Status: in_force

The assignee shall be liable upon his or her bond to anyone interested in the property included in the assignment for any loss that may occur by reason of his or her negligence or mismanagement of the property after the property comes into his or her possession. He or she shall also be liable for any failure upon his or her part to obey the orders of the circuit court in relation thereto or to carry out the provisions of the assignment. Acts 1895, No. 109, § 2, p. 162; C. & M. Dig., § 487; Pope's Dig., § 524; A.S.A. 1947, § 36-302.

The assignee shall be liable upon his or her bond to anyone interested in the property included in the assignment for any loss that may occur by reason of his or her negligence or mismanagement of the property after the property comes into his or her possession. He or she shall also be liable for any failure upon his or her part to obey the orders of the circuit court in relation thereto or to carry out the provisions of the assignment.

Acts 1895, No. 109, § 2, p. 162; C. & M. Dig., § 487; Pope's Dig., § 524; A.S.A. 1947, § 36-302.
Ark. Code Ann. § 16-17-903 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-903
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 3; 2007, No. 663, § 39.

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2003, No. 1727, § 3; 2007, No. 663, § 39.
Ark. Code Ann. § 16-111-111 — AR Code / Title 16 / Chapter 111 / Section 16-111-111
Parties
Status: in_force

(a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard. (b) (1) When declaratory relief is sought with respect to a tax, a person or group of persons challenging the tax shall provide a governmental entity and a school district whose direct revenue could be affected by the declaration with notice of the action by providing a copy of the complaint to the governmental entity or school district. (2) A governmental entity or school district provided with notice under subdivision (b)(1) of this section has the right to intervene in the action but is not required to be named as a party to the action nor is the governmental entity or school district considered an indispensable or necessary party to the action. Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017. Acts 1953, No. 274, § 10; A.S.A. 1947, § 34-2510.

(a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.

(b) (1) When declaratory relief is sought with respect to a tax, a person or group of persons challenging the tax shall provide a governmental entity and a school district whose direct revenue could be affected by the declaration with notice of the action by providing a copy of the complaint to the governmental entity or school district. (2) A governmental entity or school district provided with notice under subdivision (b)(1) of this section has the right to intervene in the action but is not required to be named as a party to the action nor is the governmental entity or school district considered an indispensable or necessary party to the action.

(1) When declaratory relief is sought with respect to a tax, a person or group of persons challenging the tax shall provide a governmental entity and a school district whose direct revenue could be affected by the declaration with notice of the action by providing a copy of the complaint to the governmental entity or school district.

(2) A governmental entity or school district provided with notice under subdivision (b)(1) of this section has the right to intervene in the action but is not required to be named as a party to the action nor is the governmental entity or school district considered an indispensable or necessary party to the action.

Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.

Acts 1953, No. 274, § 10; A.S.A. 1947, § 34-2510.
Ark. Code Ann. § 16-66-209 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-209
Exemption - Proceeds of life, health, accident, and disability insurance - Definition
Status: in_force

(a) (1) To the extent permitted by the Arkansas Constitution, all moneys paid or payable to any resident of this state under an insurance policy providing for the payment of life, sick, accident, or disability benefits shall be exempt from liability or seizure under judicial process of any court and shall not be subjected to the payment of any debt by contract or otherwise by any writ, order, judgment, or decree of any court. (2) The exemption under subdivision (a)(1) of this section does not apply to a writ, order, seizure, or other judicial process arising from a judgment for damages for personal injury involving a felony offense for which the beneficiary has been convicted in a federal or state court. (b) As used in this section, "moneys" means a payment made under an insurance policy to compensate: (1) The insured or beneficiary for a claim under the policy; or (2) The owner, insured, or beneficiary for the cash surrender value of the policy. (c) Nothing in this section shall be construed to affect the validity of any sale, assignment, mortgage, pledge, or hypothecation of a policy of insurance or the avails, proceeds, or benefits of a policy of insurance. Amended by Act 2021, No. 879,§ 1, eff. 4/25/2021. Acts 1933, No. 102, § 1; Pope's Dig., § 7988; A.S.A. 1947, § 30-208; Acts 2009, No. 469, § 1.

(a) (1) To the extent permitted by the Arkansas Constitution, all moneys paid or payable to any resident of this state under an insurance policy providing for the payment of life, sick, accident, or disability benefits shall be exempt from liability or seizure under judicial process of any court and shall not be subjected to the payment of any debt by contract or otherwise by any writ, order, judgment, or decree of any court. (2) The exemption under subdivision (a)(1) of this section does not apply to a writ, order, seizure, or other judicial process arising from a judgment for damages for personal injury involving a felony offense for which the beneficiary has been convicted in a federal or state court.

(1) To the extent permitted by the Arkansas Constitution, all moneys paid or payable to any resident of this state under an insurance policy providing for the payment of life, sick, accident, or disability benefits shall be exempt from liability or seizure under judicial process of any court and shall not be subjected to the payment of any debt by contract or otherwise by any writ, order, judgment, or decree of any court.

(2) The exemption under subdivision (a)(1) of this section does not apply to a writ, order, seizure, or other judicial process arising from a judgment for damages for personal injury involving a felony offense for which the beneficiary has been convicted in a federal or state court.

(b) As used in this section, "moneys" means a payment made under an insurance policy to compensate: (1) The insured or beneficiary for a claim under the policy; or (2) The owner, insured, or beneficiary for the cash surrender value of the policy.

(1) The insured or beneficiary for a claim under the policy; or

(2) The owner, insured, or beneficiary for the cash surrender value of the policy.

(c) Nothing in this section shall be construed to affect the validity of any sale, assignment, mortgage, pledge, or hypothecation of a policy of insurance or the avails, proceeds, or benefits of a policy of insurance.

Amended by Act 2021, No. 879,§ 1, eff. 4/25/2021.

Acts 1933, No. 102, § 1; Pope's Dig., § 7988; A.S.A. 1947, § 30-208; Acts 2009, No. 469, § 1.
Ark. Code Ann. § 16-94-212 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-212
Confining of accused in jail while en route
Status: in_force

The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of him or her is ready to proceed on his or her route, such person being chargeable with the expense of keeping. Acts 1935, No. 126, § 12; Pope's Dig., § 6092; A.S.A. 1947, § 43-3012.

The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of him or her is ready to proceed on his or her route, such person being chargeable with the expense of keeping.

Acts 1935, No. 126, § 12; Pope's Dig., § 6092; A.S.A. 1947, § 43-3012.
Ark. Code Ann. § 16-93-714 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-714
Denial of parole - Detriment to the community
Status: in_force

The Post-Prison Transfer Board may deny parole to any otherwise eligible person, regardless of the sentence that he or she is serving, if five (5) members of the board determine that the person upon release would be a detriment to the community into which the person would be released. Amended by Act 2023, No. 659,§ 220, eff. 1/1/2024. Added by Act 2015, No. 895,§ 30, eff. 4/1/2015.

The Post-Prison Transfer Board may deny parole to any otherwise eligible person, regardless of the sentence that he or she is serving, if five (5) members of the board determine that the person upon release would be a detriment to the community into which the person would be released.

Amended by Act 2023, No. 659,§ 220, eff. 1/1/2024.

Added by Act 2015, No. 895,§ 30, eff. 4/1/2015.
Ark. Code Ann. § 16-47-218 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-218
Validation of acknowledgments - Construction of acts
Status: in_force

All acknowledgments taken subsequent to Acts 1959, No. 127 either in accordance with the Uniform Acknowledgment Act or in accordance with the laws of this state in effect at the time of adoption of the Uniform Acknowledgment Act are cured and validated for all purposes; and neither Acts 1959, No. 127 nor the Uniform Acknowledgment Act shall be construed to repeal or modify any laws relative to the taking of acknowledgments and the authentication thereof which were in effect in this state at the time of adoption of the Uniform Acknowledgment Act, but that the Uniform Acknowledgment Act shall be deemed to provide an alternative system for taking and authenticating acknowledgments. Acts 1971, No. 352, § 1; A.S.A. 1947, § 49-115.1.

All acknowledgments taken subsequent to Acts 1959, No. 127 either in accordance with the Uniform Acknowledgment Act or in accordance with the laws of this state in effect at the time of adoption of the Uniform Acknowledgment Act are cured and validated for all purposes; and neither Acts 1959, No. 127 nor the Uniform Acknowledgment Act shall be construed to repeal or modify any laws relative to the taking of acknowledgments and the authentication thereof which were in effect in this state at the time of adoption of the Uniform Acknowledgment Act, but that the Uniform Acknowledgment Act shall be deemed to provide an alternative system for taking and authenticating acknowledgments.

Acts 1971, No. 352, § 1; A.S.A. 1947, § 49-115.1.
Ark. Code Ann. § 16-66-503 — AR Code / Title 16 / Chapter 66 / Subchapter 5 / Section 16-66-503
Manner of making redemption
Status: in_force

The debtor may at any time within twelve (12) months pay to the clerk of the court from which the execution issued the purchase money with fifteen percent (15%) per annum and all lawful charges and take his or her receipt therefor. The money shall be held by the clerk for the use of the purchaser. The clerk shall be responsible upon his official bond therefor. The clerk shall endorse upon the execution book that the redemption has been made. Civil Code, § 692; C. & M. Dig., § 4330; Pope's Dig., § 5342; A.S.A. 1947, § 30-441.

The debtor may at any time within twelve (12) months pay to the clerk of the court from which the execution issued the purchase money with fifteen percent (15%) per annum and all lawful charges and take his or her receipt therefor. The money shall be held by the clerk for the use of the purchaser. The clerk shall be responsible upon his official bond therefor. The clerk shall endorse upon the execution book that the redemption has been made.

Civil Code, § 692; C. & M. Dig., § 4330; Pope's Dig., § 5342; A.S.A. 1947, § 30-441.
Ark. Code Ann. § 16-94-225 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-225
Immunity from service of process
Status: in_force

A person brought into this state on extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he or she is returned, until he or she has been convicted in the criminal proceeding, or if acquitted, until he or she has had ample opportunity to return to the state from which he or she was extradited. Acts 1935, No. 126, § 25; Pope's Dig., § 6105; A.S.A. 1947, § 43-3025.

A person brought into this state on extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he or she is returned, until he or she has been convicted in the criminal proceeding, or if acquitted, until he or she has had ample opportunity to return to the state from which he or she was extradited.

Acts 1935, No. 126, § 25; Pope's Dig., § 6105; A.S.A. 1947, § 43-3025.
Ark. Code Ann. § 16-82-301 — AR Code / Title 16 / Chapter 82 / Subchapter 3 / Section 16-82-301
Refusal and consent
Status: in_force

No person may refuse to be subjected to a search of his or her body cavities pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure, and written consent from the person searched shall not be necessary. Acts 1977, No. 452, § 4; A.S.A. 1947, § 43-3404.

No person may refuse to be subjected to a search of his or her body cavities pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure, and written consent from the person searched shall not be necessary.

Acts 1977, No. 452, § 4; A.S.A. 1947, § 43-3404.
Ark. Code Ann. § 16-66-601 — AR Code / Title 16 / Chapter 66 / Subchapter 6 / Section 16-66-601
Definition
Status: in_force

In this subchapter, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Acts 1989, No. 501, § 1.

In this subchapter, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

Acts 1989, No. 501, § 1.
Ark. Code Ann. § 16-120-303 — AR Code / Title 16 / Chapter 120 / Subchapter 3 / Section 16-120-303
Attempting to protect persons during commission of a felony
Status: in_force

No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony. Acts 1981, No. 884, § 1; A.S.A. 1947, § 41-507.2; Acts 2005, No. 1994, § 480.

No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony.

Acts 1981, No. 884, § 1; A.S.A. 1947, § 41-507.2; Acts 2005, No. 1994, § 480.
Ark. Code Ann. § 16-63-301 — AR Code / Title 16 / Chapter 63 / Subchapter 3 / Section 16-63-301
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 47, eff. 8/16/2013. Civil Code, §§ 103, 104; C. & M. Dig. §§ 1078, 1079; Pope's Dig., §§ 1286, 1287; A.S.A. 1947, §§ 27-1302, 27-1303.

Repealed by Act 2013, No. 1148,§ 47, eff. 8/16/2013.

Civil Code, §§ 103, 104; C. & M. Dig. §§ 1078, 1079; Pope's Dig., §§ 1286, 1287; A.S.A. 1947, §§ 27-1302, 27-1303.
Ark. Code Ann. § 16-13-2401 — AR Code / Title 16 / Chapter 13 / Subchapter 24 / Section 16-13-2401
Composition
Status: in_force

The Sixteenth Judicial District shall be composed of the counties of Cleburne, Fulton, Independence, Izard, and Stone. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The Sixteenth Judicial District shall be composed of the counties of Cleburne, Fulton, Independence, Izard, and Stone.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-55-104 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-104
Construction of code
Status: in_force

(a) The rule of common law that statutes in derogation of the common law are to be strictly construed shall not be applied to the code. (b) The provisions of the code, and all proceedings under it, shall be liberally construed, with a view to promote its object and to assist the parties in obtaining justice. Civil Code, § 856; C. & M. Dig., § 9751; Pope's Dig., § 13277; A.S.A. 1947, § 27-131.

(a) The rule of common law that statutes in derogation of the common law are to be strictly construed shall not be applied to the code.

(b) The provisions of the code, and all proceedings under it, shall be liberally construed, with a view to promote its object and to assist the parties in obtaining justice.

Civil Code, § 856; C. & M. Dig., § 9751; Pope's Dig., § 13277; A.S.A. 1947, § 27-131.
Ark. Code Ann. § 16-123-322 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-322
Temporary or preliminary relief
Status: in_force

(a) If the Director of the Arkansas Fair Housing Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this subchapter, and after consultation with the office of the Attorney General, the director may authorize the filing by the Attorney General of a civil action in a court of competent jurisdiction in the county where the respondent resides for appropriate temporary or preliminary relief pending final disposition of the complaint. (b) The filing of a civil action under this section does not affect the initiation or continuation of an administrative proceeding entitled "administrative hearing" under § 16-123-331 . Amended by Act 2017, No. 473,§ 2, eff. 8/1/2017. Acts 2001, No. 1785, § 23; 2005, No. 250, § 2.

(a) If the Director of the Arkansas Fair Housing Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this subchapter, and after consultation with the office of the Attorney General, the director may authorize the filing by the Attorney General of a civil action in a court of competent jurisdiction in the county where the respondent resides for appropriate temporary or preliminary relief pending final disposition of the complaint.

(b) The filing of a civil action under this section does not affect the initiation or continuation of an administrative proceeding entitled "administrative hearing" under § 16-123-331 .

Amended by Act 2017, No. 473,§ 2, eff. 8/1/2017.

Acts 2001, No. 1785, § 23; 2005, No. 250, § 2.
Ark. Code Ann. § 16-93-1205 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1205
Operation and supervision of community correction programs
Status: in_force

(a) The Board of Corrections shall promulgate policies and rules relating to the operation of community correction facilities and programs, the supervision of eligible offenders participating therein, and the termination of that participation, including but not limited to: (1) The terms, conditions, and qualifications of program eligibility; (2) The time to be spent in specific correction and treatment programs designated as community correction; (3) Receipt of compensation in the form of fees or other available sources from the eligible offender while participating in a community correction program; (4) Allocation of compensation received by an eligible offender while participating in a community correction program, including designation to the Division of Community Correction of a percentage of any compensation received for the purpose of defraying the costs to the division of establishing and operating community correction programs and the costs of the offender's custody and care; (5) Receipt of compensation from public entities who benefit from the labor of offenders involved in community correction work programs; and (6) Collection of economic sanctions imposed by the court, including, but not limited to, restitution, fines, fees, or other monetary penalties attached to an offender's sentence. (b) The division shall supervise all eligible offenders participating in any community correction program with the goal of promoting the safety and welfare of the people of the state. Amended by Act 2019, No. 315,§ 1314, eff. 7/24/2019. Acts 1993, No. 531, § 5; 1993, No. 548, § 5; 2005, No. 1994, § 287.

(a) The Board of Corrections shall promulgate policies and rules relating to the operation of community correction facilities and programs, the supervision of eligible offenders participating therein, and the termination of that participation, including but not limited to: (1) The terms, conditions, and qualifications of program eligibility; (2) The time to be spent in specific correction and treatment programs designated as community correction; (3) Receipt of compensation in the form of fees or other available sources from the eligible offender while participating in a community correction program; (4) Allocation of compensation received by an eligible offender while participating in a community correction program, including designation to the Division of Community Correction of a percentage of any compensation received for the purpose of defraying the costs to the division of establishing and operating community correction programs and the costs of the offender's custody and care; (5) Receipt of compensation from public entities who benefit from the labor of offenders involved in community correction work programs; and (6) Collection of economic sanctions imposed by the court, including, but not limited to, restitution, fines, fees, or other monetary penalties attached to an offender's sentence.

(1) The terms, conditions, and qualifications of program eligibility;

(2) The time to be spent in specific correction and treatment programs designated as community correction;

(3) Receipt of compensation in the form of fees or other available sources from the eligible offender while participating in a community correction program;

(4) Allocation of compensation received by an eligible offender while participating in a community correction program, including designation to the Division of Community Correction of a percentage of any compensation received for the purpose of defraying the costs to the division of establishing and operating community correction programs and the costs of the offender's custody and care;

(5) Receipt of compensation from public entities who benefit from the labor of offenders involved in community correction work programs; and

(6) Collection of economic sanctions imposed by the court, including, but not limited to, restitution, fines, fees, or other monetary penalties attached to an offender's sentence.

(b) The division shall supervise all eligible offenders participating in any community correction program with the goal of promoting the safety and welfare of the people of the state.

Amended by Act 2019, No. 315,§ 1314, eff. 7/24/2019.

Acts 1993, No. 531, § 5; 1993, No. 548, § 5; 2005, No. 1994, § 287.
Ark. Code Ann. § 16-113-401 — AR Code / Title 16 / Chapter 113 / Subchapter 4 / Section 16-113-401
Injunctions before final judgment - Control of court
Status: in_force

All injunctions granted before final judgment shall be subject to the further order of the court. Civil Code, § 297; C. & M. Dig., § 5809; Pope's Dig., § 7525; A.S.A. 1947, § 32-301.

All injunctions granted before final judgment shall be subject to the further order of the court.

Civil Code, § 297; C. & M. Dig., § 5809; Pope's Dig., § 7525; A.S.A. 1947, § 32-301.
Ark. Code Ann. § 16-90-717 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-717
Crime Victims Reparations Revolving Fund
Status: in_force

There is created in the State Treasury a revolving fund for the Crime Victims Reparations Board to be designated the "Crime Victims Reparations Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all moneys received by the board from any source including moneys applied for and received from any state, federal, or private source. All interest earned as a result of investing moneys in the Crime Victims Reparations Revolving Fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by the board for the purpose of implementing the provisions of this subchapter and the provisions of the sexual assault statutes, §§ 12-12-401 - 12-12-404 . Acts 1987, No. 817, § 20; 1991, No. 396, § 4.

There is created in the State Treasury a revolving fund for the Crime Victims Reparations Board to be designated the "Crime Victims Reparations Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all moneys received by the board from any source including moneys applied for and received from any state, federal, or private source. All interest earned as a result of investing moneys in the Crime Victims Reparations Revolving Fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by the board for the purpose of implementing the provisions of this subchapter and the provisions of the sexual assault statutes, §§ 12-12-401 - 12-12-404 .

Acts 1987, No. 817, § 20; 1991, No. 396, § 4.
Ark. Code Ann. § 16-99-102 — AR Code / Title 16 / Chapter 99 / Section 16-99-102
Program authorized - Administration
Status: in_force

(a) Costs averted due to a reduction in commitments to the Division of Correction or a reduction in the period of time served in the Division of Correction, to the extent possible, shall be reinvested into those state agencies, counties, or judicial districts as an incentive to further the crime and recidivism reduction strategies being employed. (b) The Division of Community Correction shall be the recipient of incentive funds upon meeting the requirements set out in this subchapter. (c) (1) Counties, multicounty partnerships, and judicial districts shall be eligible to apply for participation in the performance incentive funding program set out in this subchapter on the reduction in the Division of Correction's population. (2) Participation in the program will be determined through a competitive grant process. (d) The Board of Corrections shall have the authority to manage the program and administer the grant funds to appropriate applicants and the Division of Community Correction. (e) (1) Subject to the available funding, the Division of Community Correction shall manage and administer grant funds to itself and counties, multicounty partnerships, and judicial districts in order to implement the policies and programs authorized by this program. (2) These shall be one-time-only grants not contingent on measured performance. (3) All future funding under this section shall be tied to measured performance. Amended by Act 2019, No. 910,§ 954, eff. 7/1/2019. Acts 2011, No. 570, § 117.

(a) Costs averted due to a reduction in commitments to the Division of Correction or a reduction in the period of time served in the Division of Correction, to the extent possible, shall be reinvested into those state agencies, counties, or judicial districts as an incentive to further the crime and recidivism reduction strategies being employed.

(b) The Division of Community Correction shall be the recipient of incentive funds upon meeting the requirements set out in this subchapter.

(c) (1) Counties, multicounty partnerships, and judicial districts shall be eligible to apply for participation in the performance incentive funding program set out in this subchapter on the reduction in the Division of Correction's population. (2) Participation in the program will be determined through a competitive grant process.

(1) Counties, multicounty partnerships, and judicial districts shall be eligible to apply for participation in the performance incentive funding program set out in this subchapter on the reduction in the Division of Correction's population.

(2) Participation in the program will be determined through a competitive grant process.

(d) The Board of Corrections shall have the authority to manage the program and administer the grant funds to appropriate applicants and the Division of Community Correction.

(e) (1) Subject to the available funding, the Division of Community Correction shall manage and administer grant funds to itself and counties, multicounty partnerships, and judicial districts in order to implement the policies and programs authorized by this program. (2) These shall be one-time-only grants not contingent on measured performance. (3) All future funding under this section shall be tied to measured performance.

(1) Subject to the available funding, the Division of Community Correction shall manage and administer grant funds to itself and counties, multicounty partnerships, and judicial districts in order to implement the policies and programs authorized by this program.

(2) These shall be one-time-only grants not contingent on measured performance.

(3) All future funding under this section shall be tied to measured performance.

Amended by Act 2019, No. 910,§ 954, eff. 7/1/2019.

Acts 2011, No. 570, § 117.
Ark. Code Ann. § 16-10-212 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-212
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 4, eff. 7/28/2021. Acts 2009, No. 488, § 1.

Repealed by Act 2021, No. 475,§ 4, eff. 7/28/2021.

Acts 2009, No. 488, § 1.
Ark. Code Ann. § 16-13-201 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-201
Jurisdiction
Status: in_force

(a) Circuit courts shall have original jurisdiction of all justiciable matters not otherwise assigned pursuant to the Arkansas Constitution. (b) (1) Circuit courts shall have appellate jurisdiction of the judgments and final orders of county courts and district courts in all civil actions. (2) On appeal from such judgments and final orders, the case shall be tried de novo, and the appellate jurisdiction of the circuit court shall extend to errors of fact as well as errors of law. (c) The circuit courts shall have appellate jurisdiction from the decision of any inferior board, council, or tribunal in the contest of any county, township, or municipal office, and on such appeals the case shall be tried de novo. Amended by Act 2021, No. 475,§ 11, eff. 7/28/2021. Civil Code, §§ 18-20; Acts 1871, No. 48, § 1 [19], p. 249; 1873, No. 88, § 1 [18, 19], p. 213; C. & M. Dig., §§ 2228, 2233, 2234; Pope's Dig., §§ 2856, 2861, 2862; A.S.A. 1947, §§ 22-301, 22-304, 22-308; Acts 2003, No. 1185, § 74.

(a) Circuit courts shall have original jurisdiction of all justiciable matters not otherwise assigned pursuant to the Arkansas Constitution.

(b) (1) Circuit courts shall have appellate jurisdiction of the judgments and final orders of county courts and district courts in all civil actions. (2) On appeal from such judgments and final orders, the case shall be tried de novo, and the appellate jurisdiction of the circuit court shall extend to errors of fact as well as errors of law.

(1) Circuit courts shall have appellate jurisdiction of the judgments and final orders of county courts and district courts in all civil actions.

(2) On appeal from such judgments and final orders, the case shall be tried de novo, and the appellate jurisdiction of the circuit court shall extend to errors of fact as well as errors of law.

(c) The circuit courts shall have appellate jurisdiction from the decision of any inferior board, council, or tribunal in the contest of any county, township, or municipal office, and on such appeals the case shall be tried de novo.

Amended by Act 2021, No. 475,§ 11, eff. 7/28/2021.

Civil Code, §§ 18-20; Acts 1871, No. 48, § 1 [19], p. 249; 1873, No. 88, § 1 [18, 19], p. 213; C. & M. Dig., §§ 2228, 2233, 2234; Pope's Dig., §§ 2856, 2861, 2862; A.S.A. 1947, §§ 22-301, 22-304, 22-308; Acts 2003, No. 1185, § 74.
Ark. Code Ann. § 16-108-202 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-202
Notice
Status: in_force

(a) Except as otherwise provided in this subchapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if the person has knowledge of the notice or has received notice. (c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. Acts 2011, No. 695, § 1.

(a) Except as otherwise provided in this subchapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.

(b) A person has notice if the person has knowledge of the notice or has received notice.

(c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-90-106 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-106
Informed defendant for felony required
Status: in_force

(a) Judgment shall not be rendered against a defendant in case of felony, except in his or her presence. If the defendant is in custody, he or she shall be brought into court by the proper officer, and if not in custody, a bench warrant similar to the bench warrant on indictments shall be issued for his or her arrest. (b) When the defendant appears for judgment, he or she must be informed by the court of the nature of the indictment, his or her plea, and the verdict thereon, if any. He or she must be asked if he or she has any legal cause to show why judgment should not be pronounced against him or her. (c) He or she may show for cause against the judgment any sufficient ground for a new trial or for arrest of judgment. (d) The law in relation to the punishment, pains, and penalties of all persons when convicted, so far as relates to him or her, and the sentence, shall be read to each convict. The consequences shall be fully declared to him or her, so that the person so convicted and sentenced shall in no instance be deemed ignorant of the sentence pronounced on him or her. Rev. Stat., ch. 44, div. 3, art. 7, § 8; Crim. Code, §§ 280-282; C. & M. Dig., §§ 3234-3236, 3241; Pope's Dig., §§ 4074-4076, 4081; A.S.A. 1947, §§ 43-2302 -- 43-2305.

(a) Judgment shall not be rendered against a defendant in case of felony, except in his or her presence. If the defendant is in custody, he or she shall be brought into court by the proper officer, and if not in custody, a bench warrant similar to the bench warrant on indictments shall be issued for his or her arrest.

(b) When the defendant appears for judgment, he or she must be informed by the court of the nature of the indictment, his or her plea, and the verdict thereon, if any. He or she must be asked if he or she has any legal cause to show why judgment should not be pronounced against him or her.

(c) He or she may show for cause against the judgment any sufficient ground for a new trial or for arrest of judgment.

(d) The law in relation to the punishment, pains, and penalties of all persons when convicted, so far as relates to him or her, and the sentence, shall be read to each convict. The consequences shall be fully declared to him or her, so that the person so convicted and sentenced shall in no instance be deemed ignorant of the sentence pronounced on him or her.

Rev. Stat., ch. 44, div. 3, art. 7, § 8; Crim. Code, §§ 280-282; C. & M. Dig., §§ 3234-3236, 3241; Pope's Dig., §§ 4074-4076, 4081; A.S.A. 1947, §§ 43-2302 -- 43-2305.
Ark. Code Ann. § 16-111-109 — AR Code / Title 16 / Chapter 111 / Section 16-111-109
Jury trial
Status: in_force

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Acts 1953, No. 274, § 8; A.S.A. 1947, § 34-2508.

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

Acts 1953, No. 274, § 8; A.S.A. 1947, § 34-2508.
Ark. Code Ann. § 16-20-307 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-307
Account and settlement of arrearages accruing to county or state
Status: in_force

Every clerk shall keep a perfect account of all arrearages coming into his hands and accruing to the county or state on account of taxes, fines, or otherwise. He shall then make settlement with the proper court at each stated term and pay over all balances. Rev. Stat., ch. 25, § 11; C. & M. Dig., § 1374; Pope's Dig., § 1635; A.S.A. 1947, § 23-315.

Every clerk shall keep a perfect account of all arrearages coming into his hands and accruing to the county or state on account of taxes, fines, or otherwise. He shall then make settlement with the proper court at each stated term and pay over all balances.

Rev. Stat., ch. 25, § 11; C. & M. Dig., § 1374; Pope's Dig., § 1635; A.S.A. 1947, § 23-315.
Ark. Code Ann. § 16-66-407 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-407
Expiration of term, death, etc., of officer after levy
Status: in_force

(a) Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the officer shall nevertheless have power to do and perform all things in relation to the execution, and the sale of the property, and in making and acknowledging a deed to the purchaser, to all intents and purposes, as if his or her term of service had not expired. The officer and his or her securities shall be subject to the same penalties, actions, proceedings, and judgments for neglect, misconduct, or failure therein, as if he or she had still continued in office. (b) When any officer dies or is removed from office, or is otherwise disqualified from acting, after having taken in execution any goods and chattels, real estate, shares, or other effects, and before sale thereof, the sheriff or coroner then in office shall proceed thereon, and do and perform all things remaining to be done and performed in relation to the execution, and the sale of the property, and in making and executing deeds and conveyances therefor, in the same manner and with the same effect as the officer so deceased, removed from office, or disqualified could have done. Rev. Stat., ch. 60, §§ 59, 60; C. & M. Dig., §§ 4357, 4358; Pope's Dig., §§ 5369, 5370; A.S.A. 1947, §§ 30-415, 30-416.

(a) Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the officer shall nevertheless have power to do and perform all things in relation to the execution, and the sale of the property, and in making and acknowledging a deed to the purchaser, to all intents and purposes, as if his or her term of service had not expired. The officer and his or her securities shall be subject to the same penalties, actions, proceedings, and judgments for neglect, misconduct, or failure therein, as if he or she had still continued in office.

(b) When any officer dies or is removed from office, or is otherwise disqualified from acting, after having taken in execution any goods and chattels, real estate, shares, or other effects, and before sale thereof, the sheriff or coroner then in office shall proceed thereon, and do and perform all things remaining to be done and performed in relation to the execution, and the sale of the property, and in making and executing deeds and conveyances therefor, in the same manner and with the same effect as the officer so deceased, removed from office, or disqualified could have done.

Rev. Stat., ch. 60, §§ 59, 60; C. & M. Dig., §§ 4357, 4358; Pope's Dig., §§ 5369, 5370; A.S.A. 1947, §§ 30-415, 30-416.
Ark. Code Ann. § 16-120-1001 — AR Code / Title 16 / Chapter 120 / Subchapter 10 / Section 16-120-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Cycling Activities Act". Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Arkansas Cycling Activities Act".

Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 16-12-107 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-107
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 10, eff. 7/28/2021. Acts 1979, No. 208, § 7; 1985, No. 665, § 2; A.S.A. 1947, §§ 22-140.4, 22-1207.

Repealed by Act 2021, No. 475,§ 10, eff. 7/28/2021.

Acts 1979, No. 208, § 7; 1985, No. 665, § 2; A.S.A. 1947, §§ 22-140.4, 22-1207.
Ark. Code Ann. § 16-32-202 — AR Code / Title 16 / Chapter 32 / Subchapter 2 / Section 16-32-202
Selection, summons, and composition of trial generally
Status: in_force

(a) The jurors for the trial of criminal prosecutions shall be selected and summoned as provided by law. (b) (1) Juries shall be composed of twelve (12) jurors. (2) However, cases other than felonies may be tried by a jury of fewer than twelve (12) jurors by agreement of the parties. Crim. Code, § 191; C. & M. Dig., § 3142; Pope's Dig., § 3977; A.S.A. 1947, § 43-1901; Acts 1993, No. 592, § 1; 1995, No. 1296, § 61.

(a) The jurors for the trial of criminal prosecutions shall be selected and summoned as provided by law.

(b) (1) Juries shall be composed of twelve (12) jurors. (2) However, cases other than felonies may be tried by a jury of fewer than twelve (12) jurors by agreement of the parties.

(1) Juries shall be composed of twelve (12) jurors.

(2) However, cases other than felonies may be tried by a jury of fewer than twelve (12) jurors by agreement of the parties.

Crim. Code, § 191; C. & M. Dig., § 3142; Pope's Dig., § 3977; A.S.A. 1947, § 43-1901; Acts 1993, No. 592, § 1; 1995, No. 1296, § 61.
Ark. Code Ann. § 16-13-2703 — AR Code / Title 16 / Chapter 13 / Subchapter 27 / Section 16-13-2703
Judges and chancellors
Status: in_force

(a) The qualified electors of the Nineteenth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancellor; and (3) One (1) circuit-chancery judge. (b) In the Nineteenth Judicial District, there shall be one (1) additional circuit judgeship which shall have jurisdiction only in law. (c) There is hereby created and established, in addition to all other circuit judgeships, chancery judgeships, and circuit-chancery judgeships in the Nineteenth Judicial District, one (1) additional chancery judgeship which shall have jurisdiction in equity and probate. (d) The chancery judge created pursuant to subsection (c) of this section is authorized to employ a court reporter, a case coordinator, and such other personnel as shall be necessary for the court to effectively and efficiently carry out its responsibilities. (e) (1) The judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. Acts 1977, No. 432, § 1; 1981 (Ex. Sess.), No. 38, § 1; A.S.A. 1947, §§ 22-365, 22-373; Acts 1989, No. 949, § 4.

(a) The qualified electors of the Nineteenth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancellor; and (3) One (1) circuit-chancery judge.

(1) One (1) circuit judge;

(2) One (1) chancellor; and

(3) One (1) circuit-chancery judge.

(b) In the Nineteenth Judicial District, there shall be one (1) additional circuit judgeship which shall have jurisdiction only in law.

(c) There is hereby created and established, in addition to all other circuit judgeships, chancery judgeships, and circuit-chancery judgeships in the Nineteenth Judicial District, one (1) additional chancery judgeship which shall have jurisdiction in equity and probate.

(d) The chancery judge created pursuant to subsection (c) of this section is authorized to employ a court reporter, a case coordinator, and such other personnel as shall be necessary for the court to effectively and efficiently carry out its responsibilities.

(e) (1) The judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

Acts 1977, No. 432, § 1; 1981 (Ex. Sess.), No. 38, § 1; A.S.A. 1947, §§ 22-365, 22-373; Acts 1989, No. 949, § 4.
Ark. Code Ann. § 16-66-420 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-420
Bill of sale - Delivery of property
Status: in_force

When the purchaser of any goods and chattels pays the purchase money, the officer selling the goods and chattels shall deliver to him or her the property and, if desired, shall execute an instrument in writing at the expense of the purchaser, testifying to the sale and payment of the purchase money, and conveying to the purchaser all the right, title, and interest which the debtor had in and to the property sold on the day the execution was delivered. Rev. Stat., ch. 60, § 52; C. & M. Dig., § 4342; Pope's Dig., § 5354; A.S.A. 1947, § 30-435.

When the purchaser of any goods and chattels pays the purchase money, the officer selling the goods and chattels shall deliver to him or her the property and, if desired, shall execute an instrument in writing at the expense of the purchaser, testifying to the sale and payment of the purchase money, and conveying to the purchaser all the right, title, and interest which the debtor had in and to the property sold on the day the execution was delivered.

Rev. Stat., ch. 60, § 52; C. & M. Dig., § 4342; Pope's Dig., § 5354; A.S.A. 1947, § 30-435.
Ark. Code Ann. § 16-90-1402 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1402
Intent
Status: in_force

(a) The General Assembly recognizes that historically the laws of this state involving the procedure a person must follow to have his or her prior criminal history information sealed have been confusing, from the standpoint of both practicality and terminology. (b) It is the intent of the General Assembly to provide in clear terms in what instances and, if applicable, how a person may attempt to have his or her criminal history information sealed. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) The General Assembly recognizes that historically the laws of this state involving the procedure a person must follow to have his or her prior criminal history information sealed have been confusing, from the standpoint of both practicality and terminology.

(b) It is the intent of the General Assembly to provide in clear terms in what instances and, if applicable, how a person may attempt to have his or her criminal history information sealed.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-123-341 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-341
Pattern and practice cases
Status: in_force

(a) At the request of the Arkansas Fair Housing Commission, the Attorney General may file a civil action in a court of competent jurisdiction in the county where the respondent resides for appropriate relief if the Attorney General has reasonable cause to believe that: (1) A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this subchapter; or (2) A person has been denied any right granted by this subchapter and that denial raises an issue of general public importance. (b) In an action under this section the court may: (1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this subchapter as necessary to assure the full enjoyment of the right granted by this subchapter; (2) Award other appropriate relief, including monetary damages, reasonable attorney's fees, and court costs; and (3) To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed: (A) Fifty thousand dollars ($50,000) for a first violation; and (B) One hundred thousand dollars ($100,000) for a second or subsequent violation. (c) A person may intervene in an action under this section if the person is: (1) An aggrieved person to the discriminatory housing practice; or (2) A party to a conciliation agreement concerning the discriminatory housing practice. Acts 2001, No. 1785, § 42.

(a) At the request of the Arkansas Fair Housing Commission, the Attorney General may file a civil action in a court of competent jurisdiction in the county where the respondent resides for appropriate relief if the Attorney General has reasonable cause to believe that: (1) A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this subchapter; or (2) A person has been denied any right granted by this subchapter and that denial raises an issue of general public importance.

(1) A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this subchapter; or

(2) A person has been denied any right granted by this subchapter and that denial raises an issue of general public importance.

(b) In an action under this section the court may: (1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this subchapter as necessary to assure the full enjoyment of the right granted by this subchapter; (2) Award other appropriate relief, including monetary damages, reasonable attorney's fees, and court costs; and (3) To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed: (A) Fifty thousand dollars ($50,000) for a first violation; and (B) One hundred thousand dollars ($100,000) for a second or subsequent violation.

(1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this subchapter as necessary to assure the full enjoyment of the right granted by this subchapter;

(2) Award other appropriate relief, including monetary damages, reasonable attorney's fees, and court costs; and

(3) To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed: (A) Fifty thousand dollars ($50,000) for a first violation; and (B) One hundred thousand dollars ($100,000) for a second or subsequent violation.

(A) Fifty thousand dollars ($50,000) for a first violation; and

(B) One hundred thousand dollars ($100,000) for a second or subsequent violation.

(c) A person may intervene in an action under this section if the person is: (1) An aggrieved person to the discriminatory housing practice; or (2) A party to a conciliation agreement concerning the discriminatory housing practice.

(1) An aggrieved person to the discriminatory housing practice; or

(2) A party to a conciliation agreement concerning the discriminatory housing practice.

Acts 2001, No. 1785, § 42.
Ark. Code Ann. § 16-110-115 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-115
Lien of attachment on property of defendant
Status: in_force

(a) An order of attachment binds the defendant's property in the county, which might be seized under an execution against him or her, from the time of the delivery of the order to the county sheriff or other officer. (b) The lien to the plaintiff is completed upon any property or demand of the defendant by executing the order upon it in the manner directed in §§ 16-110-101 , 16-110-102 , 16-110-104 - 16-110-113 , 16-110-115 - 16-110-122 , 16-110-124 - 16-110-136 , 16-110-138 , 16-110-139 , and 16-110-201 - 16-110-211 . Civil Code, § 232; Acts 1871, No. 48, § 1 [232], p. 219; C. & M. Dig., § 512; Pope's Dig., § 549; A.S.A. 1947, § 31-122.

(a) An order of attachment binds the defendant's property in the county, which might be seized under an execution against him or her, from the time of the delivery of the order to the county sheriff or other officer.

(b) The lien to the plaintiff is completed upon any property or demand of the defendant by executing the order upon it in the manner directed in §§ 16-110-101 , 16-110-102 , 16-110-104 - 16-110-113 , 16-110-115 - 16-110-122 , 16-110-124 - 16-110-136 , 16-110-138 , 16-110-139 , and 16-110-201 - 16-110-211 .

Civil Code, § 232; Acts 1871, No. 48, § 1 [232], p. 219; C. & M. Dig., § 512; Pope's Dig., § 549; A.S.A. 1947, § 31-122.
Ark. Code Ann. § 16-110-302 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-302
Liability for contracts and torts
Status: in_force

(a) All boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all contracts of every kind made by the owners, masters, or supercargoes of the boats or vessels for or on account of the boats or vessels. (b) When the boats or vessels mentioned in subsection (a) of this section commit any tort whatever, the boats or vessels shall be liable for the tort. (c) For all contracts and torts mentioned in this section, the boats or vessels may be sued by name or description and attached in the manner now prescribed by law in other cases of attachment of boats and vessels. Acts 1860, No. 17, §§ 1-3, p. 27; C. & M. Dig., §§ 586-588; Pope's Dig., §§ 623-625; A.S.A. 1947, §§ 31-402 -- 31-404.

(a) All boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all contracts of every kind made by the owners, masters, or supercargoes of the boats or vessels for or on account of the boats or vessels.

(b) When the boats or vessels mentioned in subsection (a) of this section commit any tort whatever, the boats or vessels shall be liable for the tort.

(c) For all contracts and torts mentioned in this section, the boats or vessels may be sued by name or description and attached in the manner now prescribed by law in other cases of attachment of boats and vessels.

Acts 1860, No. 17, §§ 1-3, p. 27; C. & M. Dig., §§ 586-588; Pope's Dig., §§ 623-625; A.S.A. 1947, §§ 31-402 -- 31-404.
Ark. Code Ann. § 16-110-206 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-206
Order of attachment
Status: in_force

(a) The order of attachment shall describe the specific property against which it is issued and shall have endorsed upon it the direction of the court, or judge or clerk thereof, as to the disposition to be made of the attached property. (b) It shall be directed, executed, and returned as other orders of attachment. Civil Code, § 269; Acts 1877, No. 49, § 4, p. 48; C. & M. Dig., § 559; Pope's Dig., § 596; A.S.A. 1947, § 31-306.

(a) The order of attachment shall describe the specific property against which it is issued and shall have endorsed upon it the direction of the court, or judge or clerk thereof, as to the disposition to be made of the attached property.

(b) It shall be directed, executed, and returned as other orders of attachment.

Civil Code, § 269; Acts 1877, No. 49, § 4, p. 48; C. & M. Dig., § 559; Pope's Dig., § 596; A.S.A. 1947, § 31-306.
Ark. Code Ann. § 16-46-210 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-210
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 17, eff. 8/16/2013. Acts 1853, § 24, p. 161; C. & M. Dig., § 4127; Pope's Dig., § 5136; A.S.A. 1947, § 28-917.

Repealed by Act 2013, No. 1148,§ 17, eff. 8/16/2013.

Acts 1853, § 24, p. 161; C. & M. Dig., § 4127; Pope's Dig., § 5136; A.S.A. 1947, § 28-917.
Ark. Code Ann. § 16-110-114 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-114
Attachment on property claimed by another
Status: in_force

(a) When any county sheriff shall levy a writ of attachment upon property claimed by a person not a party to the writ, the person may make oath to the property. The property shall then be delivered to the claimant upon him or her, or his of her attorney, giving bond in favor of the plaintiff, with good and sufficient security, to be approved by the county sheriff, in a sum double the value of the property attached. (b) Value shall be ascertained by the oaths of two (2) citizens of the county where the writ is levied, to be chosen by the county sheriff, on the condition that he or she will interplead at the term of the court to which the writ shall be returnable and that he or she will prosecute the interpleader to judgment without delay. If, on the trial of the interpleader, the property shall be found to be the property of the defendant in the writ and the plaintiff shall recover judgment against the defendant, the property shall be delivered to the county sheriff, or his or her successor in office, whenever demanded by the county sheriff, after execution upon the judgment comes to his or her hand to be levied thereon. The bond shall be returned by the county sheriff with the writ. (c) If any person to whom the property is so returned shall neglect or refuse to deliver the property to the county sheriff in office, in accordance with the condition of the bond, it shall be the duty of the county sheriff, forthwith, to return the writ of fieri facias, issued upon the judgment rendered in the cause, setting forth the fact that the condition of the bond has been broken. (d) The bond shall, in addition to the provisions of subsections (a)-(c) of this section, contain a condition, that in case the property so levied upon shall not be delivered, the bond shall have the force and effect of a judgment for the amount of the appraised value of the property and the costs of interpleading, if the appraised value is less than the amount of the judgment rendered in favor of the plaintiff against the defendant, and if the appraised value exceeds the amount of the judgment, then for the amount of the judgment, and all the costs, on which judgment execution may be issued against all the obligors thereof. (e) On the return of the writ of fieri facias, showing the forfeiture of the bond, it shall be the duty of the clerk of the court to which the writ is returned to issue an execution in favor of the plaintiff against all obligors, for the amount which may be due on the forfeited bond, in accordance with the provisions of subsections (a)-(d) of this section. Acts 1861, No. 146, §§ 1, 2, p. 296; C. & M. Dig., §§ 579-584; Pope's Dig., §§ 616-621; A.S.A. 1947, §§ 31-120, 31-121.

(a) When any county sheriff shall levy a writ of attachment upon property claimed by a person not a party to the writ, the person may make oath to the property. The property shall then be delivered to the claimant upon him or her, or his of her attorney, giving bond in favor of the plaintiff, with good and sufficient security, to be approved by the county sheriff, in a sum double the value of the property attached.

(b) Value shall be ascertained by the oaths of two (2) citizens of the county where the writ is levied, to be chosen by the county sheriff, on the condition that he or she will interplead at the term of the court to which the writ shall be returnable and that he or she will prosecute the interpleader to judgment without delay. If, on the trial of the interpleader, the property shall be found to be the property of the defendant in the writ and the plaintiff shall recover judgment against the defendant, the property shall be delivered to the county sheriff, or his or her successor in office, whenever demanded by the county sheriff, after execution upon the judgment comes to his or her hand to be levied thereon. The bond shall be returned by the county sheriff with the writ.

(c) If any person to whom the property is so returned shall neglect or refuse to deliver the property to the county sheriff in office, in accordance with the condition of the bond, it shall be the duty of the county sheriff, forthwith, to return the writ of fieri facias, issued upon the judgment rendered in the cause, setting forth the fact that the condition of the bond has been broken.

(d) The bond shall, in addition to the provisions of subsections (a)-(c) of this section, contain a condition, that in case the property so levied upon shall not be delivered, the bond shall have the force and effect of a judgment for the amount of the appraised value of the property and the costs of interpleading, if the appraised value is less than the amount of the judgment rendered in favor of the plaintiff against the defendant, and if the appraised value exceeds the amount of the judgment, then for the amount of the judgment, and all the costs, on which judgment execution may be issued against all the obligors thereof.

(e) On the return of the writ of fieri facias, showing the forfeiture of the bond, it shall be the duty of the clerk of the court to which the writ is returned to issue an execution in favor of the plaintiff against all obligors, for the amount which may be due on the forfeited bond, in accordance with the provisions of subsections (a)-(d) of this section.

Acts 1861, No. 146, §§ 1, 2, p. 296; C. & M. Dig., §§ 579-584; Pope's Dig., §§ 616-621; A.S.A. 1947, §§ 31-120, 31-121.
Ark. Code Ann. § 16-43-204 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-204
Attendance until discharged or case decided
Status: in_force

Any person subpoenaed to appear before any court of record of this state, or justice of the peace, to give evidence in any case brought before the court or justice shall attend each and every term, or from time to time, until the case is decided, or until the witness is discharged by the court or justice trying the case. Acts 1845, § 1, p. 44; C. & M. Dig., § 4172; Pope's Dig., § 5182; A.S.A. 1947, § 28-509.

Any person subpoenaed to appear before any court of record of this state, or justice of the peace, to give evidence in any case brought before the court or justice shall attend each and every term, or from time to time, until the case is decided, or until the witness is discharged by the court or justice trying the case.

Acts 1845, § 1, p. 44; C. & M. Dig., § 4172; Pope's Dig., § 5182; A.S.A. 1947, § 28-509.
Ark. Code Ann. § 16-114-302 — AR Code / Title 16 / Chapter 114 / Subchapter 3 / Section 16-114-302
Liability of accountants
Status: in_force

No person, partnership, or corporation licensed or authorized to practice under the Public Accountancy Act of 1975, § 17-12-101 et seq., or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by such person, partnership, or corporation, except for: (1) Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or (2) Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation: (A) Identifies in writing to the client those persons who are intended to rely on the services; and (B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with such person, partnership, or corporation. Acts 1987, No. 661, § 1.

No person, partnership, or corporation licensed or authorized to practice under the Public Accountancy Act of 1975, § 17-12-101 et seq., or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by such person, partnership, or corporation, except for:

(1) Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or

(2) Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation: (A) Identifies in writing to the client those persons who are intended to rely on the services; and (B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with such person, partnership, or corporation.

(A) Identifies in writing to the client those persons who are intended to rely on the services; and

(B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with such person, partnership, or corporation.

then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with such person, partnership, or corporation.

Acts 1987, No. 661, § 1.
Ark. Code Ann. § 16-32-301 — AR Code / Title 16 / Chapter 32 / Subchapter 3 / Section 16-32-301
Enhanced prospective juror pool
Status: in_force

(a) The pool of names from which prospective jurors are chosen may be expanded from the list of registered voters to include the list of licensed drivers and persons issued an identification card under § 27-16-805 . (b) The qualifications for serving on a jury under § 16-31-101 and the disqualifications under § 16-31-102 shall apply to the enhanced prospective juror pool permitted under subsection (a) of this section. Acts 2003, No. 1404, § 1; 2005, No. 87, § 8.

(a) The pool of names from which prospective jurors are chosen may be expanded from the list of registered voters to include the list of licensed drivers and persons issued an identification card under § 27-16-805 .

(b) The qualifications for serving on a jury under § 16-31-101 and the disqualifications under § 16-31-102 shall apply to the enhanced prospective juror pool permitted under subsection (a) of this section.

Acts 2003, No. 1404, § 1; 2005, No. 87, § 8.
Ark. Code Ann. § 16-19-907 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-907
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 60, p. 430; C. & M. Dig., § 6470; Pope's Dig., § 8432; A.S.A. 1947, § 26-1005.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, § 60, p. 430; C. & M. Dig., § 6470; Pope's Dig., § 8432; A.S.A. 1947, § 26-1005.
Ark. Code Ann. § 16-10-101 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-101
Administrative responsibilities of the Supreme Court
Status: in_force

(a) The Supreme Court shall have general superintending control over the administration of justice in all courts in the State of Arkansas. The Chief Justice of the Supreme Court shall be directly responsible for the efficient operation of the judicial branch and of its constituent courts and for the expeditious dispatch of litigation therein and the proper conduct of the business of the courts. (b) (1) Under rules prescribed by the Supreme Court, the Chief Justice may require reports from all courts of the state and may issue such orders, rules, and regulations as may be necessary for the efficient operation of those courts to ensure the prompt and proper administration of justice and may assign, reassign, and modify assignments of circuit and district court judges to hold, upon a temporary basis, regular or special sessions for the transaction of civil or criminal business within any other such court. (2) The lower courts shall keep such adequate and uniform records as are required by law or as may be required by rule or order of the Supreme Court. (c) The Supreme Court, with the assistance of the Director of the Administrative Office of the Courts, shall devise a uniform system of numbering, cataloging, and classifying cases in all the courts of record in this state, and the courts of record shall utilize the system in conducting the business of the courts. (d) In the event of the absence of the Chief Justice or his or her inability to perform the duties described in this section, or as required by rule or order of the Supreme Court, the duties may be performed by the several associate justices of the Supreme Court in the order of their seniority of service on the Supreme Court. Amended by Act 2019, No. 315,§ 1289, eff. 7/24/2019. Acts 1965, No. 496, § 1; 1973, No. 237, § 1; 1981, No. 489, § 1; A.S.A. 1947, § 22-142; Acts 1989, No. 760, § 1; 2003, No. 1185, § 38.

(a) The Supreme Court shall have general superintending control over the administration of justice in all courts in the State of Arkansas. The Chief Justice of the Supreme Court shall be directly responsible for the efficient operation of the judicial branch and of its constituent courts and for the expeditious dispatch of litigation therein and the proper conduct of the business of the courts.

(b) (1) Under rules prescribed by the Supreme Court, the Chief Justice may require reports from all courts of the state and may issue such orders, rules, and regulations as may be necessary for the efficient operation of those courts to ensure the prompt and proper administration of justice and may assign, reassign, and modify assignments of circuit and district court judges to hold, upon a temporary basis, regular or special sessions for the transaction of civil or criminal business within any other such court. (2) The lower courts shall keep such adequate and uniform records as are required by law or as may be required by rule or order of the Supreme Court.

(1) Under rules prescribed by the Supreme Court, the Chief Justice may require reports from all courts of the state and may issue such orders, rules, and regulations as may be necessary for the efficient operation of those courts to ensure the prompt and proper administration of justice and may assign, reassign, and modify assignments of circuit and district court judges to hold, upon a temporary basis, regular or special sessions for the transaction of civil or criminal business within any other such court.

(2) The lower courts shall keep such adequate and uniform records as are required by law or as may be required by rule or order of the Supreme Court.

(c) The Supreme Court, with the assistance of the Director of the Administrative Office of the Courts, shall devise a uniform system of numbering, cataloging, and classifying cases in all the courts of record in this state, and the courts of record shall utilize the system in conducting the business of the courts.

(d) In the event of the absence of the Chief Justice or his or her inability to perform the duties described in this section, or as required by rule or order of the Supreme Court, the duties may be performed by the several associate justices of the Supreme Court in the order of their seniority of service on the Supreme Court.

Amended by Act 2019, No. 315,§ 1289, eff. 7/24/2019.

Acts 1965, No. 496, § 1; 1973, No. 237, § 1; 1981, No. 489, § 1; A.S.A. 1947, § 22-142; Acts 1989, No. 760, § 1; 2003, No. 1185, § 38.
Ark. Code Ann. § 16-47-206 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-206
Acknowledgment by a married woman
Status: in_force

An acknowledgment by a married woman may be made in the same form as though she were unmarried. Acts 1943, No. 169, § 6; A.S.A. 1947, § 49-106.

An acknowledgment by a married woman may be made in the same form as though she were unmarried.

Acts 1943, No. 169, § 6; A.S.A. 1947, § 49-106.
Ark. Code Ann. § 16-21-2301 — AR Code / Title 16 / Chapter 21 / Subchapter 23 / Section 16-21-2301
Expense allowance
Status: in_force

The Garland County Quorum Court may appropriate from the county treasury such funds as it deems necessary to defray the expenses of the Prosecuting Attorney of the Eighteenth Judicial District-East. Acts 1987, No. 669, § 1.

The Garland County Quorum Court may appropriate from the county treasury such funds as it deems necessary to defray the expenses of the Prosecuting Attorney of the Eighteenth Judicial District-East.

Acts 1987, No. 669, § 1.
Ark. Code Ann. § 16-81-116 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-116
Warrantless arrest for violation of interference with emergency communication in the first degree, 5-60-124, or interference with emergency communication in the second degree, Section 5-60-125
Status: in_force

If a law enforcement officer has probable cause to believe a person has violated § 5-60-124 or § 5-60-125 , the officer may arrest the person without a warrant even if the incident did not take place in the presence of the officer if the officer has probable cause to believe the person has violated the section within the preceding: (1) Four (4) hours; or (2) Twelve (12) hours in cases involving physical injury as defined in § 5-1-102 . Acts 2009, No. 1456, § 1.

If a law enforcement officer has probable cause to believe a person has violated § 5-60-124 or § 5-60-125 , the officer may arrest the person without a warrant even if the incident did not take place in the presence of the officer if the officer has probable cause to believe the person has violated the section within the preceding:

(1) Four (4) hours; or

(2) Twelve (12) hours in cases involving physical injury as defined in § 5-1-102 .

Acts 2009, No. 1456, § 1.
Ark. Code Ann. § 16-86-110 — AR Code / Title 16 / Chapter 86 / Section 16-86-110
Insufficient time to submit report to court
Status: in_force

When proper and timely request is made to the court for an order of examination and observation and there is not sufficient time to complete the examination and submit the report before scheduled proceedings in the case, the court may order examination and immediately continue the case until the examination is complete and the report of that examination is submitted to the court. Acts 1971, No. 433, ch. 6, § 4; A.S.A. 1947, § 43-1307; Acts 2001, No. 1551, § 10.

When proper and timely request is made to the court for an order of examination and observation and there is not sufficient time to complete the examination and submit the report before scheduled proceedings in the case, the court may order examination and immediately continue the case until the examination is complete and the report of that examination is submitted to the court.

Acts 1971, No. 433, ch. 6, § 4; A.S.A. 1947, § 43-1307; Acts 2001, No. 1551, § 10.
Ark. Code Ann. § 16-10-112 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-112
Proceedings not affected by lapse of term
Status: in_force

No writ, process, plea, or proceeding whatsoever, civil or criminal, shall be deemed discontinued or abated by the failure of any term or session of any court, nor by the failure to enter a continuance of any suit or cause on the record. The suit or cause shall be continued and proceed as if no such failure had happened. Rev. Stat., ch. 43, § 35; C. & M. Dig., § 2110; Pope's Dig., § 2715; A.S.A. 1947, § 22-118.

No writ, process, plea, or proceeding whatsoever, civil or criminal, shall be deemed discontinued or abated by the failure of any term or session of any court, nor by the failure to enter a continuance of any suit or cause on the record. The suit or cause shall be continued and proceed as if no such failure had happened.

Rev. Stat., ch. 43, § 35; C. & M. Dig., § 2110; Pope's Dig., § 2715; A.S.A. 1947, § 22-118.
Ark. Code Ann. § 16-93-212 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-212
Rulemaking authority
Status: in_force

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter. Amended by Act 2023, No. 659,§ 177, eff. 1/1/2024. Added by Act 2015, No. 609,§ 1, eff. 7/22/2015.

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.

Amended by Act 2023, No. 659,§ 177, eff. 1/1/2024.

Added by Act 2015, No. 609,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 16-85-405 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-405
Sufficiency and errors
Status: in_force

(a) (1) The indictment is sufficient if it can be understood from the indictment: (A) That it was found by a grand jury of a county, impaneled in a court having authority to receive the indictment; (B) That the offense was committed within the jurisdiction of the court and at some time prior to the time of finding the indictment; and (C) That the act or omission charged as the offense is stated with such a degree of certainty so as to satisfy due process of law. (2) No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon be affected, by reason of any defect which does not prejudice the substantial rights of the defendant. (b) An error as to the name of the defendant shall not vitiate the indictment or proceedings on the indictment, and if the defendant's true name is discovered at any time before execution of the indictment, an entry shall be made on the docket of the court of the defendant's true name, referring to the fact of the defendant's being indicted by the name mentioned in the indictment, and the subsequent proceedings shall be in the defendant's true name. (c) The statement in the indictment as to the time at which the offense was committed is not material except as a statement that it was committed before the time of finding the indictment, except where the time is a material ingredient in the offense. (d) The words used in a statute to define an offense need not be strictly pursued in an indictment, but other words conveying the same meaning may be used. Crim. Code, §§ 124, 127-137; C. & M. Dig., §§ 3013, 3014, 3017-3026; Pope's Dig., §§ 3835, 3836, 3839-3848; A.S.A. 1947, §§ 43-1011 -- 43-1022; Acts 2005, No. 1994, § 318.

(a) (1) The indictment is sufficient if it can be understood from the indictment: (A) That it was found by a grand jury of a county, impaneled in a court having authority to receive the indictment; (B) That the offense was committed within the jurisdiction of the court and at some time prior to the time of finding the indictment; and (C) That the act or omission charged as the offense is stated with such a degree of certainty so as to satisfy due process of law. (2) No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon be affected, by reason of any defect which does not prejudice the substantial rights of the defendant.

(1) The indictment is sufficient if it can be understood from the indictment: (A) That it was found by a grand jury of a county, impaneled in a court having authority to receive the indictment; (B) That the offense was committed within the jurisdiction of the court and at some time prior to the time of finding the indictment; and (C) That the act or omission charged as the offense is stated with such a degree of certainty so as to satisfy due process of law.

(A) That it was found by a grand jury of a county, impaneled in a court having authority to receive the indictment;

(B) That the offense was committed within the jurisdiction of the court and at some time prior to the time of finding the indictment; and

(C) That the act or omission charged as the offense is stated with such a degree of certainty so as to satisfy due process of law.

(2) No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon be affected, by reason of any defect which does not prejudice the substantial rights of the defendant.

(b) An error as to the name of the defendant shall not vitiate the indictment or proceedings on the indictment, and if the defendant's true name is discovered at any time before execution of the indictment, an entry shall be made on the docket of the court of the defendant's true name, referring to the fact of the defendant's being indicted by the name mentioned in the indictment, and the subsequent proceedings shall be in the defendant's true name.

(c) The statement in the indictment as to the time at which the offense was committed is not material except as a statement that it was committed before the time of finding the indictment, except where the time is a material ingredient in the offense.

(d) The words used in a statute to define an offense need not be strictly pursued in an indictment, but other words conveying the same meaning may be used.

Crim. Code, §§ 124, 127-137; C. & M. Dig., §§ 3013, 3014, 3017-3026; Pope's Dig., §§ 3835, 3836, 3839-3848; A.S.A. 1947, §§ 43-1011 -- 43-1022; Acts 2005, No. 1994, § 318.
Ark. Code Ann. § 16-19-1007 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1007
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 123, p. 430; C. & M. Dig., § 6500; Pope's Dig., § 8462; A.S.A. 1947, § 26-1116.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, § 123, p. 430; C. & M. Dig., § 6500; Pope's Dig., § 8462; A.S.A. 1947, § 26-1116.
Ark. Code Ann. § 16-17-912 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-912
[Repealed]
Status: repealed

Repealed by Act 2021, No. 825,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 12; 2007, No. 663, § 41.

Repealed by Act 2021, No. 825,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2003, No. 1727, § 12; 2007, No. 663, § 41.
Ark. Code Ann. § 16-94-205 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-205
Warrant generally
Status: in_force

A warrant of extradition must not be issued unless documents presented by the executive authority making the demand show that: I. Except in cases arising under § 16-94-206 , the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; II. The accused is now in this state; and III. He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he or she has been convicted of a crime in that state and has escaped from confinement or broken his or her parole. Acts 1935, No. 126, § 5; Pope's Dig., § 6085; A.S.A. 1947, § 43-3005.

A warrant of extradition must not be issued unless documents presented by the executive authority making the demand show that:

I. Except in cases arising under § 16-94-206 , the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;

II. The accused is now in this state; and

III. He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he or she has been convicted of a crime in that state and has escaped from confinement or broken his or her parole.

Acts 1935, No. 126, § 5; Pope's Dig., § 6085; A.S.A. 1947, § 43-3005.
Ark. Code Ann. § 16-19-408 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-408
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1949, No. 224, § 1; A.S.A. 1947, § 26-310.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1949, No. 224, § 1; A.S.A. 1947, § 26-310.
Ark. Code Ann. § 16-63-213 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-213
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 43, eff. 8/16/2013. Civil Code, § 140; C. & M. Dig., § 1225; Pope's Dig., § 1449; A.S.A. 1947, § 27-1154.

Repealed by Act 2013, No. 1148,§ 43, eff. 8/16/2013.

Civil Code, § 140; C. & M. Dig., § 1225; Pope's Dig., § 1449; A.S.A. 1947, § 27-1154.
Ark. Code Ann. § 16-23-102 — AR Code / Title 16 / Chapter 23 / Section 16-23-102
County law library boards
Status: in_force

(a) (1) A county law library established pursuant to this chapter shall be under the control of a county law library board of not less than three (3) nor more than five (5) persons, who shall be practicing attorneys residing in the county and who shall be appointed by the county court from attorneys nominated by the county bar association or, in counties where there is no county bar association, by a regional bar association which includes that county. (2) In any county in which there are fewer than three (3) practicing attorneys, the board shall be composed of not less than three (3) nor more than five (5) persons, including the practicing attorney or attorneys in the county together with one (1) or more additional persons who are legal residents and qualified electors of the county, appointed by the county court. (b) Members of the board shall be appointed for a term of five (5) years, but the initial appointments shall be so arranged that the terms of each member initially appointed expire in succeeding years. (c) (1) The board shall have charge of the operation and maintenance of the county law library and the custody and care of the county law library's property. The board shall direct the expenditure of funds derived for county law library purposes under this chapter, and any other funds received by the county, or the board, for the use of the county law library. (2) Any excess funds in the county law library book fund not needed for the operation and maintenance of the county law library may be expended by the board for any other purpose necessary for improvement in the administration of justice in the county. (3) (A) The board may dispose of any personal property of the county law library it determines is junk, scrap, discarded, or otherwise of no value to the county law library. (B) The board may dispose of the personal property under subdivision (c)(3)(A) of this section by methods that include without limitation private sale, public sale, gift, or destruction. (d) (1) The board, subject to approval of the county court, is authorized, in implementation of the purposes of this chapter, to enter into agreements with any person, including other public bodies, in this state pertaining to the operation and maintenance of a county law library. (2) Without limiting the generality of the foregoing, agreements entered into pursuant to the provisions hereof may contain provisions: (A) Making available to any institution of higher learning the county law library, and related facilities, and the books, volumes, treatises, pamphlets, and other educational materials located therein; (B) Authorizing the institution to maintain, locate, and relocate in the county law library, select, replace, supervise the use of, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning, such books, volumes, treatises, pamphlets, and other educational materials; and (C) Providing for the operation, maintenance, and supervision of the county law library and related facilities for the benefit of the institution, the county, judges and attorneys, and the public. (3) The agreements may make available to the institution all or a portion of the collections of the costs levied pursuant to the provisions of this chapter, for the purpose of performing the obligations of the institution thereunder. Amended by Act 2015, No. 1152,§ 5, eff. 7/22/2015. Amended by Act 2013, No. 43,§ 1, eff. 8/16/2013. Acts 1971, No. 284, §§ 4, 5; 1977, No. 89, § 1; 1983, No. 652, § 1; A.S.A. 1947, §§ 25-507, 25-508.

(a) (1) A county law library established pursuant to this chapter shall be under the control of a county law library board of not less than three (3) nor more than five (5) persons, who shall be practicing attorneys residing in the county and who shall be appointed by the county court from attorneys nominated by the county bar association or, in counties where there is no county bar association, by a regional bar association which includes that county. (2) In any county in which there are fewer than three (3) practicing attorneys, the board shall be composed of not less than three (3) nor more than five (5) persons, including the practicing attorney or attorneys in the county together with one (1) or more additional persons who are legal residents and qualified electors of the county, appointed by the county court.

(1) A county law library established pursuant to this chapter shall be under the control of a county law library board of not less than three (3) nor more than five (5) persons, who shall be practicing attorneys residing in the county and who shall be appointed by the county court from attorneys nominated by the county bar association or, in counties where there is no county bar association, by a regional bar association which includes that county.

(2) In any county in which there are fewer than three (3) practicing attorneys, the board shall be composed of not less than three (3) nor more than five (5) persons, including the practicing attorney or attorneys in the county together with one (1) or more additional persons who are legal residents and qualified electors of the county, appointed by the county court.

(b) Members of the board shall be appointed for a term of five (5) years, but the initial appointments shall be so arranged that the terms of each member initially appointed expire in succeeding years.

(c) (1) The board shall have charge of the operation and maintenance of the county law library and the custody and care of the county law library's property. The board shall direct the expenditure of funds derived for county law library purposes under this chapter, and any other funds received by the county, or the board, for the use of the county law library. (2) Any excess funds in the county law library book fund not needed for the operation and maintenance of the county law library may be expended by the board for any other purpose necessary for improvement in the administration of justice in the county. (3) (A) The board may dispose of any personal property of the county law library it determines is junk, scrap, discarded, or otherwise of no value to the county law library. (B) The board may dispose of the personal property under subdivision (c)(3)(A) of this section by methods that include without limitation private sale, public sale, gift, or destruction.

(1) The board shall have charge of the operation and maintenance of the county law library and the custody and care of the county law library's property. The board shall direct the expenditure of funds derived for county law library purposes under this chapter, and any other funds received by the county, or the board, for the use of the county law library.

(2) Any excess funds in the county law library book fund not needed for the operation and maintenance of the county law library may be expended by the board for any other purpose necessary for improvement in the administration of justice in the county.

(3) (A) The board may dispose of any personal property of the county law library it determines is junk, scrap, discarded, or otherwise of no value to the county law library. (B) The board may dispose of the personal property under subdivision (c)(3)(A) of this section by methods that include without limitation private sale, public sale, gift, or destruction.

(A) The board may dispose of any personal property of the county law library it determines is junk, scrap, discarded, or otherwise of no value to the county law library.

(B) The board may dispose of the personal property under subdivision (c)(3)(A) of this section by methods that include without limitation private sale, public sale, gift, or destruction.

(d) (1) The board, subject to approval of the county court, is authorized, in implementation of the purposes of this chapter, to enter into agreements with any person, including other public bodies, in this state pertaining to the operation and maintenance of a county law library. (2) Without limiting the generality of the foregoing, agreements entered into pursuant to the provisions hereof may contain provisions: (A) Making available to any institution of higher learning the county law library, and related facilities, and the books, volumes, treatises, pamphlets, and other educational materials located therein; (B) Authorizing the institution to maintain, locate, and relocate in the county law library, select, replace, supervise the use of, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning, such books, volumes, treatises, pamphlets, and other educational materials; and (C) Providing for the operation, maintenance, and supervision of the county law library and related facilities for the benefit of the institution, the county, judges and attorneys, and the public. (3) The agreements may make available to the institution all or a portion of the collections of the costs levied pursuant to the provisions of this chapter, for the purpose of performing the obligations of the institution thereunder.

(1) The board, subject to approval of the county court, is authorized, in implementation of the purposes of this chapter, to enter into agreements with any person, including other public bodies, in this state pertaining to the operation and maintenance of a county law library.

(2) Without limiting the generality of the foregoing, agreements entered into pursuant to the provisions hereof may contain provisions: (A) Making available to any institution of higher learning the county law library, and related facilities, and the books, volumes, treatises, pamphlets, and other educational materials located therein; (B) Authorizing the institution to maintain, locate, and relocate in the county law library, select, replace, supervise the use of, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning, such books, volumes, treatises, pamphlets, and other educational materials; and (C) Providing for the operation, maintenance, and supervision of the county law library and related facilities for the benefit of the institution, the county, judges and attorneys, and the public.

(A) Making available to any institution of higher learning the county law library, and related facilities, and the books, volumes, treatises, pamphlets, and other educational materials located therein;

(B) Authorizing the institution to maintain, locate, and relocate in the county law library, select, replace, supervise the use of, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning, such books, volumes, treatises, pamphlets, and other educational materials; and

(C) Providing for the operation, maintenance, and supervision of the county law library and related facilities for the benefit of the institution, the county, judges and attorneys, and the public.

(3) The agreements may make available to the institution all or a portion of the collections of the costs levied pursuant to the provisions of this chapter, for the purpose of performing the obligations of the institution thereunder.

Amended by Act 2015, No. 1152,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 43,§ 1, eff. 8/16/2013.

Acts 1971, No. 284, §§ 4, 5; 1977, No. 89, § 1; 1983, No. 652, § 1; A.S.A. 1947, §§ 25-507, 25-508.
Ark. Code Ann. § 16-108-201 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-201
Definitions
Status: in_force

In this subchapter: (1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. (2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. (3) "Court" means a court of competent jurisdiction in this State. (4) "Knowledge" means actual knowledge. (5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Acts 2011, No. 695, § 1.

In this subchapter:

(1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.

(2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

(3) "Court" means a court of competent jurisdiction in this State.

(4) "Knowledge" means actual knowledge.

(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-66-105 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-105
Debt, damages, and costs endorsed on execution
Status: in_force

Every clerk of the courts of record in this state shall endorse upon every execution issued by him or her the debt, damages, and costs to be recovered before delivery of the execution to the officer by whom it is to be executed. Rev. Stat., ch. 60, § 11; C. & M. Dig., § 4267; Pope's Dig., § 5279; A.S.A. 1947, § 30-104.

Every clerk of the courts of record in this state shall endorse upon every execution issued by him or her the debt, damages, and costs to be recovered before delivery of the execution to the officer by whom it is to be executed.

Rev. Stat., ch. 60, § 11; C. & M. Dig., § 4267; Pope's Dig., § 5279; A.S.A. 1947, § 30-104.
Ark. Code Ann. § 16-21-1103 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1103
Representation of Perry County
Status: in_force

(a) The Prosecuting Attorney of the Sixth Judicial District may designate a part-time deputy prosecuting attorney to represent the office of the Prosecuting Attorney in Perry County. (b) Perry County shall reimburse the deputy prosecuting attorney on a monthly basis for said representation in Perry County. (c) (1) The prosecuting attorney may also choose to designate various deputy prosecuting attorneys on his staff to represent the office of the Prosecuting Attorney in Perry County. (2) When this is done, Perry County shall reimburse the office of the Prosecuting Attorney of the Sixth Judicial District for said representation in Perry County. (d) The Perry County Quorum Court shall appropriate not less than ten thousand nine hundred seven dollars ($10,907) annually for said representation, as determined by the Quorum Court of Perry County. Acts 1993, No. 997, § 3; 1995, No. 803, § 3; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1997, No. 522, § 1.

(a) The Prosecuting Attorney of the Sixth Judicial District may designate a part-time deputy prosecuting attorney to represent the office of the Prosecuting Attorney in Perry County.

(b) Perry County shall reimburse the deputy prosecuting attorney on a monthly basis for said representation in Perry County.

(c) (1) The prosecuting attorney may also choose to designate various deputy prosecuting attorneys on his staff to represent the office of the Prosecuting Attorney in Perry County. (2) When this is done, Perry County shall reimburse the office of the Prosecuting Attorney of the Sixth Judicial District for said representation in Perry County.

(1) The prosecuting attorney may also choose to designate various deputy prosecuting attorneys on his staff to represent the office of the Prosecuting Attorney in Perry County.

(2) When this is done, Perry County shall reimburse the office of the Prosecuting Attorney of the Sixth Judicial District for said representation in Perry County.

(d) The Perry County Quorum Court shall appropriate not less than ten thousand nine hundred seven dollars ($10,907) annually for said representation, as determined by the Quorum Court of Perry County.

Acts 1993, No. 997, § 3; 1995, No. 803, § 3; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1997, No. 522, § 1.
Ark. Code Ann. § 16-21-111 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-111
Law library
Status: in_force

(a) In all judicial districts in this state in which there is a county with more than one hundred twenty thousand (120,000) inhabitants according to the most recent federal census and where there are more than two (2) divisions of the circuit court and more than one (1) municipal court with countywide jurisdiction, and in which county the office of the prosecuting attorney is maintained permanently in the county courthouse, the prosecuting attorney may expend from the contingent fund provided by the county such sums as are necessary for the purchase and maintenance of an adequate law library. (b) The law library, when purchased, shall become the property of the county. Acts 1949, No. 245, §§ 1, 2; A.S.A. 1947, §§ 24-124, 24-125.

(a) In all judicial districts in this state in which there is a county with more than one hundred twenty thousand (120,000) inhabitants according to the most recent federal census and where there are more than two (2) divisions of the circuit court and more than one (1) municipal court with countywide jurisdiction, and in which county the office of the prosecuting attorney is maintained permanently in the county courthouse, the prosecuting attorney may expend from the contingent fund provided by the county such sums as are necessary for the purchase and maintenance of an adequate law library.

(b) The law library, when purchased, shall become the property of the county.

Acts 1949, No. 245, §§ 1, 2; A.S.A. 1947, §§ 24-124, 24-125.
Ark. Code Ann. § 16-13-509 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-509
Substitute court reporters
Status: in_force

(a) (1) In the absence or unavailability of the official court reporter, the circuit judge or circuit judge on assignment as authorized by § 16-10-101 may temporarily employ the services of a substitute court reporter if the temporary employment is essential to prevent a disruption of the business of the circuit court. (2) The substitute court reporter shall be a court reporter certified by the Certified Court Reporter Examiners Board. (b) (1) When a circuit judge or circuit judge on assignment temporarily employs a substitute court reporter, the circuit judge shall certify to the Administrative Office of the Courts, upon forms prepared by the office, that he or she has temporarily employed the services of a substitute court reporter and that the temporary employment was essential to prevent a disruption of the business of the circuit court. (2) The circuit judge or circuit judge on assignment shall further furnish to the office the name, address, and Social Security number of the substitute court reporter and the number of days the substitute court reporter was temporarily employed, plus any other information concerning the employment requested by the office. (c) (1) The office may pay the substitute court reporter for the court reporting services furnished to the circuit judge from funds specifically appropriated for that purpose. (2) The substitute court reporter shall be paid at the rate of one hundred seventy-five dollars ($175) per day. (3) The substitute court reporter is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court under § 16-13-505 . (d) If a trial court administrator employed under § 16-13-3302 and also certified under subsection (a) of this section is appointed to act temporarily as a substitute court reporter, he or she is not entitled to be paid an additional salary but is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs when attending court away from his or her official station, under § 16-13-505 . (e) In any one (1) fiscal year, however, the office shall not pay for the services of a substitute court reporter or substitute court reporters for any one (1) circuit judge or circuit judge on assignment in excess of thirty (30) working days, unless approved and ordered by the Chief Justice of the Supreme Court. (f) This subchapter does not preclude or prohibit any circuit judge from obtaining payment for the services of a substitute court reporter from the county or counties composing the circuit judge's judicial district rather than from the office. Amended by Act 2015, No. 268,§ 9, eff. 7/1/2015. Acts 1987, No. 373, §§ 1-4; 1989, No. 677, § 1; 1989, No. 762, § 1; 1997, No. 1169, § 1; 2001, No. 510, § 1; 2005, No. 461, § 3.

(a) (1) In the absence or unavailability of the official court reporter, the circuit judge or circuit judge on assignment as authorized by § 16-10-101 may temporarily employ the services of a substitute court reporter if the temporary employment is essential to prevent a disruption of the business of the circuit court. (2) The substitute court reporter shall be a court reporter certified by the Certified Court Reporter Examiners Board.

(1) In the absence or unavailability of the official court reporter, the circuit judge or circuit judge on assignment as authorized by § 16-10-101 may temporarily employ the services of a substitute court reporter if the temporary employment is essential to prevent a disruption of the business of the circuit court.

(2) The substitute court reporter shall be a court reporter certified by the Certified Court Reporter Examiners Board.

(b) (1) When a circuit judge or circuit judge on assignment temporarily employs a substitute court reporter, the circuit judge shall certify to the Administrative Office of the Courts, upon forms prepared by the office, that he or she has temporarily employed the services of a substitute court reporter and that the temporary employment was essential to prevent a disruption of the business of the circuit court. (2) The circuit judge or circuit judge on assignment shall further furnish to the office the name, address, and Social Security number of the substitute court reporter and the number of days the substitute court reporter was temporarily employed, plus any other information concerning the employment requested by the office.

(1) When a circuit judge or circuit judge on assignment temporarily employs a substitute court reporter, the circuit judge shall certify to the Administrative Office of the Courts, upon forms prepared by the office, that he or she has temporarily employed the services of a substitute court reporter and that the temporary employment was essential to prevent a disruption of the business of the circuit court.

(2) The circuit judge or circuit judge on assignment shall further furnish to the office the name, address, and Social Security number of the substitute court reporter and the number of days the substitute court reporter was temporarily employed, plus any other information concerning the employment requested by the office.

(c) (1) The office may pay the substitute court reporter for the court reporting services furnished to the circuit judge from funds specifically appropriated for that purpose. (2) The substitute court reporter shall be paid at the rate of one hundred seventy-five dollars ($175) per day. (3) The substitute court reporter is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court under § 16-13-505 .

(1) The office may pay the substitute court reporter for the court reporting services furnished to the circuit judge from funds specifically appropriated for that purpose.

(2) The substitute court reporter shall be paid at the rate of one hundred seventy-five dollars ($175) per day.

(3) The substitute court reporter is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court under § 16-13-505 .

(d) If a trial court administrator employed under § 16-13-3302 and also certified under subsection (a) of this section is appointed to act temporarily as a substitute court reporter, he or she is not entitled to be paid an additional salary but is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs when attending court away from his or her official station, under § 16-13-505 .

(e) In any one (1) fiscal year, however, the office shall not pay for the services of a substitute court reporter or substitute court reporters for any one (1) circuit judge or circuit judge on assignment in excess of thirty (30) working days, unless approved and ordered by the Chief Justice of the Supreme Court.

(f) This subchapter does not preclude or prohibit any circuit judge from obtaining payment for the services of a substitute court reporter from the county or counties composing the circuit judge's judicial district rather than from the office.

Amended by Act 2015, No. 268,§ 9, eff. 7/1/2015.

Acts 1987, No. 373, §§ 1-4; 1989, No. 677, § 1; 1989, No. 762, § 1; 1997, No. 1169, § 1; 2001, No. 510, § 1; 2005, No. 461, § 3.
Ark. Code Ann. § 16-110-111 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-111
Execution of order of attachment generally
Status: in_force

(a) The order of attachment shall be executed by the county sheriff or other officer without delay, in the following manner: (1) Upon real property by leaving a copy of the order with the occupant thereof or, if there is no occupant, in a conspicuous place thereon; (2) Upon personal property, capable of manual delivery, by taking it into his or her custody and holding it subject to the order of the court; or (3) Upon other personal property by delivering a copy of the order, with a notice specifying the property attached, to the person holding the property; or as to a debt or demand, to the person owing it; or as to stock in a corporation, or property held, or a debt or demand owing by it, to the chief officer, or to the secretary, cashier, treasurer, or managing agent thereof, and by summoning the person or corporation to answer as a garnishee in the action. The county sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. (b) It shall be the duty of every person mentioned in subdivision (a)(3) of this section, to whom the county sheriff shall apply therefor, to furnish him or her with a certificate of the number of shares of the defendant in the stock of the corporation, a description of the property held by the corporation or person belonging to, or for the benefit of, the defendant, or the amount of the debt owing to the defendant by the corporation or person, whether due or not. A failure to perform this duty may be punished by the court as a contempt. (c) A county sheriff having an order of attachment, or for the delivery of property, may enter any building or enclosure containing the property, to take it; and, if necessary for this purpose, he or she may break the building or enclosure, having first publicly demanded the property. (d) The defendant's personal property shall be first taken under an attachment. If enough thereof is not found, then his or her real property shall be taken. Civil Code, §§ 227-229, 777; C. & M. Dig., §§ 507-509, 9166; Pope's Dig., §§ 544-546, 11828; A.S.A. 1947, §§ 31-114 -- 31-117.

(a) The order of attachment shall be executed by the county sheriff or other officer without delay, in the following manner: (1) Upon real property by leaving a copy of the order with the occupant thereof or, if there is no occupant, in a conspicuous place thereon; (2) Upon personal property, capable of manual delivery, by taking it into his or her custody and holding it subject to the order of the court; or (3) Upon other personal property by delivering a copy of the order, with a notice specifying the property attached, to the person holding the property; or as to a debt or demand, to the person owing it; or as to stock in a corporation, or property held, or a debt or demand owing by it, to the chief officer, or to the secretary, cashier, treasurer, or managing agent thereof, and by summoning the person or corporation to answer as a garnishee in the action. The county sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct.

(1) Upon real property by leaving a copy of the order with the occupant thereof or, if there is no occupant, in a conspicuous place thereon;

(2) Upon personal property, capable of manual delivery, by taking it into his or her custody and holding it subject to the order of the court; or

(3) Upon other personal property by delivering a copy of the order, with a notice specifying the property attached, to the person holding the property; or as to a debt or demand, to the person owing it; or as to stock in a corporation, or property held, or a debt or demand owing by it, to the chief officer, or to the secretary, cashier, treasurer, or managing agent thereof, and by summoning the person or corporation to answer as a garnishee in the action. The county sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct.

(b) It shall be the duty of every person mentioned in subdivision (a)(3) of this section, to whom the county sheriff shall apply therefor, to furnish him or her with a certificate of the number of shares of the defendant in the stock of the corporation, a description of the property held by the corporation or person belonging to, or for the benefit of, the defendant, or the amount of the debt owing to the defendant by the corporation or person, whether due or not. A failure to perform this duty may be punished by the court as a contempt.

(c) A county sheriff having an order of attachment, or for the delivery of property, may enter any building or enclosure containing the property, to take it; and, if necessary for this purpose, he or she may break the building or enclosure, having first publicly demanded the property.

(d) The defendant's personal property shall be first taken under an attachment. If enough thereof is not found, then his or her real property shall be taken.

Civil Code, §§ 227-229, 777; C. & M. Dig., §§ 507-509, 9166; Pope's Dig., §§ 544-546, 11828; A.S.A. 1947, §§ 31-114 -- 31-117.
Ark. Code Ann. § 16-10-131 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-131
Exemption from overtime parking penalties
Status: in_force

(a) No judge or his or her court reporter of any court of this state shall be subject to a fine or other penalty for the offense of overtime parking incurred while the person was on duty as a judge or court reporter. (b) Any person attempting to enforce any fine or other penalty notwithstanding the provisions of this section shall be subject to contempt proceedings before the judge of the court being served by the person so charged. (c) Nothing contained in this section shall be construed to give immunity from fine or penalty other than for the offense of overtime parking. Acts 1971, No. 364, § 1; 1971, No. 729, §§ 3, 4; A.S.A. 1947, §§ 39-119, 39-120; Acts 1987, No. 711, § 1.

(a) No judge or his or her court reporter of any court of this state shall be subject to a fine or other penalty for the offense of overtime parking incurred while the person was on duty as a judge or court reporter.

(b) Any person attempting to enforce any fine or other penalty notwithstanding the provisions of this section shall be subject to contempt proceedings before the judge of the court being served by the person so charged.

(c) Nothing contained in this section shall be construed to give immunity from fine or penalty other than for the offense of overtime parking.

Acts 1971, No. 364, § 1; 1971, No. 729, §§ 3, 4; A.S.A. 1947, §§ 39-119, 39-120; Acts 1987, No. 711, § 1.
Ark. Code Ann. § 16-43-402 — AR Code / Title 16 / Chapter 43 / Subchapter 4 / Section 16-43-402
Attendance in another state
Status: in_force

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution or criminal proceeding pending in such court, or that a grand jury or prosecuting attorney's investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or proceeding or grand jury or prosecuting attorney's investigation, and that his presence will be required for a specified number of days, and upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or proceeding or a grand jury or prosecuting attorney's investigation in the other state, and that the laws of the state in which the prosecution or proceeding is pending, or grand jury or prosecuting attorney's investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution or proceeding is pending, or where a grand jury or prosecuting attorney's investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of twelve cents (12¢) a mile for each mile by the ordinary traveled route or the actual expense of travel, lodging, and meals to and from the court where the prosecution or proceeding is pending or the grand jury or prosecuting attorney's investigation is being conducted and twenty-five dollars ($25.00) for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. As used in this subchapter, "prosecuting attorney's investigation" shall mean any investigation conducted by a prosecuting attorney in another state under a law substantially similar to § 16-43-212 . Acts 1935, No. 65, § 1; Pope's Dig., § 3942; 1977, No. 453, § 1; A.S.A. 1947, § 43-2005.

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution or criminal proceeding pending in such court, or that a grand jury or prosecuting attorney's investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or proceeding or grand jury or prosecuting attorney's investigation, and that his presence will be required for a specified number of days, and upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or proceeding or a grand jury or prosecuting attorney's investigation in the other state, and that the laws of the state in which the prosecution or proceeding is pending, or grand jury or prosecuting attorney's investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution or proceeding is pending, or where a grand jury or prosecuting attorney's investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.

If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of twelve cents (12¢) a mile for each mile by the ordinary traveled route or the actual expense of travel, lodging, and meals to and from the court where the prosecution or proceeding is pending or the grand jury or prosecuting attorney's investigation is being conducted and twenty-five dollars ($25.00) for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

As used in this subchapter, "prosecuting attorney's investigation" shall mean any investigation conducted by a prosecuting attorney in another state under a law substantially similar to § 16-43-212 .

Acts 1935, No. 65, § 1; Pope's Dig., § 3942; 1977, No. 453, § 1; A.S.A. 1947, § 43-2005.
Ark. Code Ann. § 16-123-315 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-315
Residential real estate-related transaction - Definition
Status: in_force

(a) A person whose business includes engaging in residential real estate-related transactions shall not discriminate against a person in making a real estate-related transaction available, or in the terms or conditions of a real estate-related transaction because of race, color, religion, sex, disability, familial status, or national origin. (b) As used in this section, "residential real estate-related transaction" means making or purchasing loans or providing other financial assistance: (1) To purchase, construct, improve, repair, or maintain a dwelling; (2) Secured by residential real estate; or (3) Selling, brokering, or appraising residential real property. Acts 2001, No. 1785, § 16.

(a) A person whose business includes engaging in residential real estate-related transactions shall not discriminate against a person in making a real estate-related transaction available, or in the terms or conditions of a real estate-related transaction because of race, color, religion, sex, disability, familial status, or national origin.

(b) As used in this section, "residential real estate-related transaction" means making or purchasing loans or providing other financial assistance: (1) To purchase, construct, improve, repair, or maintain a dwelling; (2) Secured by residential real estate; or (3) Selling, brokering, or appraising residential real property.

(1) To purchase, construct, improve, repair, or maintain a dwelling;

(2) Secured by residential real estate; or

(3) Selling, brokering, or appraising residential real property.

Acts 2001, No. 1785, § 16.
Ark. Code Ann. § 16-124-101 — AR Code / Title 16 / Chapter 124 / Section 16-124-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Drug Dealer Liability Act". Acts 1995, No. 896, § 1.

This chapter shall be known and may be cited as the "Drug Dealer Liability Act".

Acts 1995, No. 896, § 1.
Ark. Code Ann. § 16-107-305 — AR Code / Title 16 / Chapter 107 / Subchapter 3 / Section 16-107-305
Judgment against principal on motion
Status: in_force

(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be entitled, upon motion, to judgment in the same court against the principal debtor for the amount he or she is entitled to recover, together with costs. (b) No judgment shall be rendered as provided in subsection (a) of this section unless the party applying therefor shall have given the adverse party at least ten (10) days' notice in writing of the motion, nor unless the motion shall be made within one (1) year from the rendition of the original judgment. Rev. Stat., ch. 137, §§ 8, 9; C. & M. Dig., §§ 8294, 8295; Pope's Dig., §§ 10871, 10872; A.S.A. 1947, §§ 34-340, 34-341.

(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be entitled, upon motion, to judgment in the same court against the principal debtor for the amount he or she is entitled to recover, together with costs.

(b) No judgment shall be rendered as provided in subsection (a) of this section unless the party applying therefor shall have given the adverse party at least ten (10) days' notice in writing of the motion, nor unless the motion shall be made within one (1) year from the rendition of the original judgment.

Rev. Stat., ch. 137, §§ 8, 9; C. & M. Dig., §§ 8294, 8295; Pope's Dig., §§ 10871, 10872; A.S.A. 1947, §§ 34-340, 34-341.
Ark. Code Ann. § 16-105-415 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-415
Disposition of sale proceeds
Status: in_force

The proceeds of the sale of the movable property shall be applied as follows: (1) First, to the fees and costs of the removal and sale; (2) Second, to the allowances and costs of closing and keeping closed the building or place; (3) Third, to the payment of the plaintiff's costs in the action; and (4) Fourth, the balance, if any, to the owner of the property. Acts 1989, No. 556, § 1.

The proceeds of the sale of the movable property shall be applied as follows:

(1) First, to the fees and costs of the removal and sale;

(2) Second, to the allowances and costs of closing and keeping closed the building or place;

(3) Third, to the payment of the plaintiff's costs in the action; and

(4) Fourth, the balance, if any, to the owner of the property.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-90-1305 — AR Code / Title 16 / Chapter 90 / Subchapter 13 / Section 16-90-1305
Notice and effect
Status: in_force

(a) Notice of the discharge of the person's sentence under this section shall be sent to the clerk of the sentencing court. (b) The clerk of the sentencing court shall send notice to the Arkansas Crime Information Center. (c) A person who earns discharge and completion of his or her sentence under this subchapter is considered as having completed his or her sentence in full and is not subject to parole, post-release supervision, or probation revocation for those sentences. Amended by Act 2023, No. 659,§ 141, eff. 1/1/2024. Acts 2011, No. 570, § 82.

(a) Notice of the discharge of the person's sentence under this section shall be sent to the clerk of the sentencing court.

(b) The clerk of the sentencing court shall send notice to the Arkansas Crime Information Center.

(c) A person who earns discharge and completion of his or her sentence under this subchapter is considered as having completed his or her sentence in full and is not subject to parole, post-release supervision, or probation revocation for those sentences.

Amended by Act 2023, No. 659,§ 141, eff. 1/1/2024.

Acts 2011, No. 570, § 82.
Ark. Code Ann. § 16-10-304 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-304
State actions exempt from filing fees
Status: in_force

Prosecuting attorneys filing actions on behalf of the state, with the exception of child support cases, shall be exempt from paying filing fees. Acts 1995, No. 1256, § 2; 1995 (1st Ex. Sess.), No. 13, § 1.

Prosecuting attorneys filing actions on behalf of the state, with the exception of child support cases, shall be exempt from paying filing fees.

Acts 1995, No. 1256, § 2; 1995 (1st Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 16-22-201 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-201
Qualifications for admission
Status: in_force

(a) Every citizen of the age of twenty-one (21) years, of good moral character, and who possesses the requisite qualifications of learning and ability may, upon application and in the manner provided for in this subchapter, be admitted to practice as an attorney and counselor at law in the courts of this state. (b) It shall be lawful for the Supreme Court to admit to practice as an attorney and counselor at law in the courts of this state any citizen under the age of twenty-one (21) years who is of good moral character and who possesses the other requisite qualifications of learning and ability, and who is a graduate of any accredited, recognized, or Class A law school. Civil Code, § 760; Acts 1873, No. 88, § 1 [760], p. 213; 1917, No. 362, § 1, p. 1787; C. & M. Dig., § 596; Acts 1927, No. 199, § 1; Pope's Dig., § 633; A.S.A. 1947, § 25-101.

(a) Every citizen of the age of twenty-one (21) years, of good moral character, and who possesses the requisite qualifications of learning and ability may, upon application and in the manner provided for in this subchapter, be admitted to practice as an attorney and counselor at law in the courts of this state.

(b) It shall be lawful for the Supreme Court to admit to practice as an attorney and counselor at law in the courts of this state any citizen under the age of twenty-one (21) years who is of good moral character and who possesses the other requisite qualifications of learning and ability, and who is a graduate of any accredited, recognized, or Class A law school.

Civil Code, § 760; Acts 1873, No. 88, § 1 [760], p. 213; 1917, No. 362, § 1, p. 1787; C. & M. Dig., § 596; Acts 1927, No. 199, § 1; Pope's Dig., § 633; A.S.A. 1947, § 25-101.
Ark. Code Ann. § 16-22-408 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-408
Record of conviction or acquittal of offense as evidence
Status: in_force

The record of conviction or acquittal of any indictable offense shall in all cases be conclusive evidence of the facts, and the court shall proceed thereon accordingly. Rev. Stat., ch. 15, § 21; C. & M. Dig., § 619; Pope's Dig., § 659; A.S.A. 1947, § 25-410.

The record of conviction or acquittal of any indictable offense shall in all cases be conclusive evidence of the facts, and the court shall proceed thereon accordingly.

Rev. Stat., ch. 15, § 21; C. & M. Dig., § 619; Pope's Dig., § 659; A.S.A. 1947, § 25-410.
Ark. Code Ann. § 16-87-214 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-214
Prohibited conduct
Status: in_force

(a) A trial public defender or a deputy trial public defender shall not: (1) Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law; or (2) Refer any person, indigent or otherwise, who contacts the trial public defender to any other attorney, except pursuant to guidelines established by the Arkansas Public Defender Commission. (b) This section does not bar a prosecution or other disciplinary action against a trial public defender or deputy trial public defender who commits a violation of the law or the Arkansas Rules of Professional Conduct. (c) The commission and the Executive Director of the Arkansas Public Defender Commission shall not interfere with the discretion, judgment, or advocacy of a trial public defender, a deputy trial public defender, or an appointed private attorney in the representation of indigent persons, but nothing in this subsection shall be construed to preclude the commission or the executive director from refusing to approve an expenditure of public funds. Amended by Act 2015, No. 1152,§ 9, eff. 7/22/2015. Acts 1993, No. 1193, § 14.

(a) A trial public defender or a deputy trial public defender shall not: (1) Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law; or (2) Refer any person, indigent or otherwise, who contacts the trial public defender to any other attorney, except pursuant to guidelines established by the Arkansas Public Defender Commission.

(1) Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law; or

(2) Refer any person, indigent or otherwise, who contacts the trial public defender to any other attorney, except pursuant to guidelines established by the Arkansas Public Defender Commission.

(b) This section does not bar a prosecution or other disciplinary action against a trial public defender or deputy trial public defender who commits a violation of the law or the Arkansas Rules of Professional Conduct.

(c) The commission and the Executive Director of the Arkansas Public Defender Commission shall not interfere with the discretion, judgment, or advocacy of a trial public defender, a deputy trial public defender, or an appointed private attorney in the representation of indigent persons, but nothing in this subsection shall be construed to preclude the commission or the executive director from refusing to approve an expenditure of public funds.

Amended by Act 2015, No. 1152,§ 9, eff. 7/22/2015.

Acts 1993, No. 1193, § 14.
Ark. Code Ann. § 16-20-206 — AR Code / Title 16 / Chapter 20 / Subchapter 2 / Section 16-20-206
Copies of opinions to be furnished to Reporter of the Supreme Court
Status: in_force

The Clerk of the Supreme Court shall furnish to the Reporter of the Supreme Court the names of counsel signing briefs and a true copy of the opinions of the courts in all cases. Rev. Stat., ch. 127, §§ 5, 6; C. & M. Dig., §§ 1357, 1358; Acts 1925, No. 357, § 1; Pope's Dig., §§ 1615, 1619, 13328; A.S.A. 1947, §§ 23-207, 23-208; Acts 1995, No. 549, § 8.

The Clerk of the Supreme Court shall furnish to the Reporter of the Supreme Court the names of counsel signing briefs and a true copy of the opinions of the courts in all cases.

Rev. Stat., ch. 127, §§ 5, 6; C. & M. Dig., §§ 1357, 1358; Acts 1925, No. 357, § 1; Pope's Dig., §§ 1615, 1619, 13328; A.S.A. 1947, §§ 23-207, 23-208; Acts 1995, No. 549, § 8.
Ark. Code Ann. § 16-7-104 — AR Code / Title 16 / Chapter 7 / Subchapter 1 / Section 16-7-104
Powers and duties of commission
Status: in_force

The Arkansas Alternative Dispute Resolution Commission shall have the authority and responsibility to: (1) Promote in a systematic manner the appropriate use of alternative dispute resolution; (2) Provide education to the courts, other government agencies, and the public on the methods, advantages, and applications of alternative dispute resolution; (3) (A) Establish standards and rules for the certification, professional conduct, discipline, and training of persons who shall be eligible and qualified to serve as compensated mediators, negotiators, conciliators, arbitrators, or other alternative dispute resolution neutrals in and for state and local courts. (B) However, nothing in this subchapter or in the standards and rules promulgated by the commission shall in any way prevent the parties to the litigation from utilizing any recognized voluntary or nonprofit program of dispute resolution; (4) Develop recommended guidelines, including the types of disputes which may be subject to alternative dispute resolution and standard procedures for mediation, and other forms of alternative dispute resolution; (5) Assist state and local courts and governmental and other agencies with the development and implementation of alternative dispute resolution programs; (6) Develop standardized forms for use in state and local courts and governmental and other agencies for the reference of cases to alternative dispute resolution and for the purpose of monitoring the use of alternative dispute resolution in the state; (7) Establish fees to be levied by the courts and governmental and other agencies and paid by parties utilizing alternative dispute resolution processes; (8) Apply for and accept gifts or grants from any public or private source for use in maintaining and improving alternative dispute resolution programs in the state; and (9) Collect fees for tuition and registration of educational programs and to assist in maintaining a roster of third-party neutrals. Amended by Act 2019, No. 315,§ 1288, eff. 7/24/2019. Acts 1995, No. 673, § 7; 1999, No. 602, § 1.

The Arkansas Alternative Dispute Resolution Commission shall have the authority and responsibility to:

(1) Promote in a systematic manner the appropriate use of alternative dispute resolution;

(2) Provide education to the courts, other government agencies, and the public on the methods, advantages, and applications of alternative dispute resolution;

(3) (A) Establish standards and rules for the certification, professional conduct, discipline, and training of persons who shall be eligible and qualified to serve as compensated mediators, negotiators, conciliators, arbitrators, or other alternative dispute resolution neutrals in and for state and local courts. (B) However, nothing in this subchapter or in the standards and rules promulgated by the commission shall in any way prevent the parties to the litigation from utilizing any recognized voluntary or nonprofit program of dispute resolution;

(A) Establish standards and rules for the certification, professional conduct, discipline, and training of persons who shall be eligible and qualified to serve as compensated mediators, negotiators, conciliators, arbitrators, or other alternative dispute resolution neutrals in and for state and local courts.

(B) However, nothing in this subchapter or in the standards and rules promulgated by the commission shall in any way prevent the parties to the litigation from utilizing any recognized voluntary or nonprofit program of dispute resolution;

(4) Develop recommended guidelines, including the types of disputes which may be subject to alternative dispute resolution and standard procedures for mediation, and other forms of alternative dispute resolution;

(5) Assist state and local courts and governmental and other agencies with the development and implementation of alternative dispute resolution programs;

(6) Develop standardized forms for use in state and local courts and governmental and other agencies for the reference of cases to alternative dispute resolution and for the purpose of monitoring the use of alternative dispute resolution in the state;

(7) Establish fees to be levied by the courts and governmental and other agencies and paid by parties utilizing alternative dispute resolution processes;

(8) Apply for and accept gifts or grants from any public or private source for use in maintaining and improving alternative dispute resolution programs in the state; and

(9) Collect fees for tuition and registration of educational programs and to assist in maintaining a roster of third-party neutrals.

Amended by Act 2019, No. 315,§ 1288, eff. 7/24/2019.

Acts 1995, No. 673, § 7; 1999, No. 602, § 1.
Ark. Code Ann. § 16-68-607 — AR Code / Title 16 / Chapter 68 / Subchapter 6 / Section 16-68-607
Multiple lawsuits - Definition
Status: in_force

(a) (1) As used in this section, "civil action or proceeding" includes without limitation a legal action filed in federal or state court. (2) "Civil action or proceeding" does not include: (A) A petition for writ of habeas corpus; (B) A petition for writ of error coram nobis; or (C) A petition for relief under Rule 37 of the Arkansas Rules of Criminal Procedure. (b) Unless the incarcerated person is under imminent danger of serious physical injury, an incarcerated person may not bring a civil action or appeal a judgment in a civil action or proceeding under the Arkansas indigency statutes if, on three (3) or more prior occasions while incarcerated or detained in any facility, the incarcerated person brought an action that was determined by a court to: (1) Be frivolous or malicious; or (2) Fail to state a claim upon which relief may be granted. Amended by Act 2017, No. 1110,§ 1, eff. 8/1/2017. Acts 1997, No. 340, § 7.

(a) (1) As used in this section, "civil action or proceeding" includes without limitation a legal action filed in federal or state court. (2) "Civil action or proceeding" does not include: (A) A petition for writ of habeas corpus; (B) A petition for writ of error coram nobis; or (C) A petition for relief under Rule 37 of the Arkansas Rules of Criminal Procedure.

(1) As used in this section, "civil action or proceeding" includes without limitation a legal action filed in federal or state court.

(2) "Civil action or proceeding" does not include: (A) A petition for writ of habeas corpus; (B) A petition for writ of error coram nobis; or (C) A petition for relief under Rule 37 of the Arkansas Rules of Criminal Procedure.

(A) A petition for writ of habeas corpus;

(B) A petition for writ of error coram nobis; or

(C) A petition for relief under Rule 37 of the Arkansas Rules of Criminal Procedure.

(b) Unless the incarcerated person is under imminent danger of serious physical injury, an incarcerated person may not bring a civil action or appeal a judgment in a civil action or proceeding under the Arkansas indigency statutes if, on three (3) or more prior occasions while incarcerated or detained in any facility, the incarcerated person brought an action that was determined by a court to: (1) Be frivolous or malicious; or (2) Fail to state a claim upon which relief may be granted.

(1) Be frivolous or malicious; or

(2) Fail to state a claim upon which relief may be granted.

Amended by Act 2017, No. 1110,§ 1, eff. 8/1/2017.

Acts 1997, No. 340, § 7.
Ark. Code Ann. § 16-17-209 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-209
Qualifications of district judge - Term
Status: in_force

(a) District judges shall be qualified electors within the geographical area from which they are chosen and shall have been licensed attorneys of this state for at least four (4) years immediately preceding the date of assuming office. (b) Pursuant to Arkansas Constitution, Amendment 80, § 16(C), district judges shall serve four-year terms. Amended by Act 2019, No. 445,§ 1, eff. 7/24/2019. Acts 1927, No. 60 § 4; Pope's Dig., § 9900; Acts 1949, No. 210, § 1; 1951, No. 63, § 3; 1951, No. 254, § 1; 1953, No. 313, § 2; A.S.A. 1947, § 22-704; Acts 2003, No. 1185, §§ 125, 126. See Act 2019, No. 445, § 2.

(a) District judges shall be qualified electors within the geographical area from which they are chosen and shall have been licensed attorneys of this state for at least four (4) years immediately preceding the date of assuming office.

(b) Pursuant to Arkansas Constitution, Amendment 80, § 16(C), district judges shall serve four-year terms.

Amended by Act 2019, No. 445,§ 1, eff. 7/24/2019.

Acts 1927, No. 60 § 4; Pope's Dig., § 9900; Acts 1949, No. 210, § 1; 1951, No. 63, § 3; 1951, No. 254, § 1; 1953, No. 313, § 2; A.S.A. 1947, § 22-704; Acts 2003, No. 1185, §§ 125, 126.

See Act 2019, No. 445, § 2.
Ark. Code Ann. § 16-105-202 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-202
Subchapter cumulative
Status: in_force

This subchapter shall not repeal any law or laws prohibiting or regulating the sale of intoxicating liquors now in force, but shall be cumulative to all laws now in force. Acts 1915, No. 109, § 9; C. & M. Dig., § 6205; Pope's Dig., § 10927; A.S.A. 1947, § 34-110.

This subchapter shall not repeal any law or laws prohibiting or regulating the sale of intoxicating liquors now in force, but shall be cumulative to all laws now in force.

Acts 1915, No. 109, § 9; C. & M. Dig., § 6205; Pope's Dig., § 10927; A.S.A. 1947, § 34-110.
Ark. Code Ann. § 16-63-508 — AR Code / Title 16 / Chapter 63 / Subchapter 5 / Section 16-63-508
Other recovery not precluded
Status: in_force

Nothing in this subchapter shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, or rule. Acts 2005, No. 1843, § 1.

Nothing in this subchapter shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, or rule.

Acts 2005, No. 1843, § 1.
Ark. Code Ann. § 16-46-103 — AR Code / Title 16 / Chapter 46 / Subchapter 1 / Section 16-46-103
Surveys
Status: in_force

No survey made by any person except the county surveyor or his deputy shall be considered as legal evidence in any court of law or equity within this state unless the surveys are made under authority of the United States or by the mutual consent of the parties. Rev. Stat., ch. 40, § 18; C. & M. Dig., § 1901; Pope's Dig., § 2418; A.S.A. 1947, § 28-918.

No survey made by any person except the county surveyor or his deputy shall be considered as legal evidence in any court of law or equity within this state unless the surveys are made under authority of the United States or by the mutual consent of the parties.

Rev. Stat., ch. 40, § 18; C. & M. Dig., § 1901; Pope's Dig., § 2418; A.S.A. 1947, § 28-918.
Ark. Code Ann. § 16-17-914 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-914
Lonoke County District Courts
Status: in_force

(a) Lonoke County, having two (2) judicial districts, shall have the following district courts and judges: (1) (A) The Northern District of Lonoke County shall have one (1) district court, with three (3) departments: (i) One (1) located in Cabot; (ii) One (1) located in Ward; and (iii) One (1) located in Austin. (B) All three (3) departments are to be served by one (1) district judge; and (2) (A) The Southern District of Lonoke County shall have one (1) district court with five (5) departments as follows: (i) One (1) located in Lonoke; (ii) One (1) located in England; (iii) One (1) located in Carlisle; (iv) One (1) located in Allport; and (v) One (1) located in Humnoke. (B) All five (5) departments are to be served by one (1) judge. (b) The district court boundaries in Lonoke County shall be as follows: (1) The Northern District of Lonoke County shall consist of the townships of Butler, Caroline, Cleveland, Eagle, Goodrum, Magness, Oak Grove, Prairie, Totten, Ward, and York; and (2) The Southern District of Lonoke County shall consist of the townships of Carlisle, Crooked Creek, Dortch, Fletcher, Furlow, Gum Woods, Gray, Hamilton, Indian Bayou, Isbell, Lafayette, Lonoke, Pettus, Richwoods, Pulaski, Scott, Williams, and Walls. (c) The judge of any district court in Lonoke County shall be elected by the qualified electors of the judicial district in which the court is located. (d) The jurisdiction of each district court in Lonoke County shall be limited to the judicial district in which the court is located. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 14; 2003 (2nd Ex. Sess.), No. 76, §; 1; 2005, No. 72, §; 4; 2007, No. 663, § 43.

(a) Lonoke County, having two (2) judicial districts, shall have the following district courts and judges: (1) (A) The Northern District of Lonoke County shall have one (1) district court, with three (3) departments: (i) One (1) located in Cabot; (ii) One (1) located in Ward; and (iii) One (1) located in Austin. (B) All three (3) departments are to be served by one (1) district judge; and (2) (A) The Southern District of Lonoke County shall have one (1) district court with five (5) departments as follows: (i) One (1) located in Lonoke; (ii) One (1) located in England; (iii) One (1) located in Carlisle; (iv) One (1) located in Allport; and (v) One (1) located in Humnoke. (B) All five (5) departments are to be served by one (1) judge.

(1) (A) The Northern District of Lonoke County shall have one (1) district court, with three (3) departments: (i) One (1) located in Cabot; (ii) One (1) located in Ward; and (iii) One (1) located in Austin. (B) All three (3) departments are to be served by one (1) district judge; and

(A) The Northern District of Lonoke County shall have one (1) district court, with three (3) departments: (i) One (1) located in Cabot; (ii) One (1) located in Ward; and (iii) One (1) located in Austin.

(i) One (1) located in Cabot;

(ii) One (1) located in Ward; and

(iii) One (1) located in Austin.

(B) All three (3) departments are to be served by one (1) district judge; and

(2) (A) The Southern District of Lonoke County shall have one (1) district court with five (5) departments as follows: (i) One (1) located in Lonoke; (ii) One (1) located in England; (iii) One (1) located in Carlisle; (iv) One (1) located in Allport; and (v) One (1) located in Humnoke. (B) All five (5) departments are to be served by one (1) judge.

(A) The Southern District of Lonoke County shall have one (1) district court with five (5) departments as follows: (i) One (1) located in Lonoke; (ii) One (1) located in England; (iii) One (1) located in Carlisle; (iv) One (1) located in Allport; and (v) One (1) located in Humnoke.

(i) One (1) located in Lonoke;

(ii) One (1) located in England;

(iii) One (1) located in Carlisle;

(iv) One (1) located in Allport; and

(v) One (1) located in Humnoke.

(B) All five (5) departments are to be served by one (1) judge.

(b) The district court boundaries in Lonoke County shall be as follows: (1) The Northern District of Lonoke County shall consist of the townships of Butler, Caroline, Cleveland, Eagle, Goodrum, Magness, Oak Grove, Prairie, Totten, Ward, and York; and (2) The Southern District of Lonoke County shall consist of the townships of Carlisle, Crooked Creek, Dortch, Fletcher, Furlow, Gum Woods, Gray, Hamilton, Indian Bayou, Isbell, Lafayette, Lonoke, Pettus, Richwoods, Pulaski, Scott, Williams, and Walls.

(1) The Northern District of Lonoke County shall consist of the townships of Butler, Caroline, Cleveland, Eagle, Goodrum, Magness, Oak Grove, Prairie, Totten, Ward, and York; and

(2) The Southern District of Lonoke County shall consist of the townships of Carlisle, Crooked Creek, Dortch, Fletcher, Furlow, Gum Woods, Gray, Hamilton, Indian Bayou, Isbell, Lafayette, Lonoke, Pettus, Richwoods, Pulaski, Scott, Williams, and Walls.

(c) The judge of any district court in Lonoke County shall be elected by the qualified electors of the judicial district in which the court is located.

(d) The jurisdiction of each district court in Lonoke County shall be limited to the judicial district in which the court is located.

Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2003, No. 1727, §; 14; 2003 (2nd Ex. Sess.), No. 76, §; 1; 2005, No. 72, §; 4; 2007, No. 663, § 43.
Ark. Code Ann. § 16-17-115 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-115
County's, town's, and city's portion of district court expenses - Appropriation
Status: in_force

(a) Except as authorized otherwise, the county in which a district court is held shall pay one-half (½) of the salaries of the district court judge and each chief district court clerk of any district court organized in that county under § 16-17-901 et seq., and the quorum court in a county subject to § 16-17-901 et seq. at its annual meeting shall make an appropriation of a sum sufficient to pay the county's proportion of the expenses of any such district court. These payments shall be made out of the general revenues of the county. (b) (1) (A) Except as authorized otherwise, the town or city in which a district court is held shall pay: (i) One-half (½) of the salaries of the district court judge and the chief district court clerk; and (ii) The operational expenses of the district court organized in that town or city under § 16-17-901 et seq. unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court. (B) The governing body of the town or city in a town or city subject to § 16-17-901 et seq. shall make at its annual meeting an appropriation of a sum sufficient to pay the town's or city's proportion of the salaries and operational expenses of the district court. (2) These payments shall be made out of the general revenues of the town or city. (c) (1) Any town or city operating a city court on December 31, 2011, that becomes a department of a district court shall continue to pay the amount paid as the base salary of the city court judge to the district court judge who has assumed the responsibility of attending the former city court. (2) The base salary to be paid to the district court judge under subdivision (c)(1) of this section in calendar year 2012 and subsequent years shall be the amount paid by the city or town to the city court judge for the calendar year 2011. (d) (1) A town or city operating a city court on December 31, 2011, that becomes a department of district court shall continue to pay the salary of the district court clerk and provide for the operational expenses of that department of district court unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court. (2) Subdivision (d)(1) of this section does not apply to any town or city that has abolished a department of district court pursuant to state law. (e) A district court operated solely by the county shall have the salaries and operational expenses of that district court paid solely by the county unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court. Amended by Act 2015, No. 530,§ 1, eff. 7/22/2015. Acts 1951, No. 45, § 1; A.S.A. 1947, § 22-720.1; Acts 1987, No. 431, § 7; 2003, No. 1185, § 109; 2007, No. 663, § 35.

(a) Except as authorized otherwise, the county in which a district court is held shall pay one-half (½) of the salaries of the district court judge and each chief district court clerk of any district court organized in that county under § 16-17-901 et seq., and the quorum court in a county subject to § 16-17-901 et seq. at its annual meeting shall make an appropriation of a sum sufficient to pay the county's proportion of the expenses of any such district court. These payments shall be made out of the general revenues of the county.

(b) (1) (A) Except as authorized otherwise, the town or city in which a district court is held shall pay: (i) One-half (½) of the salaries of the district court judge and the chief district court clerk; and (ii) The operational expenses of the district court organized in that town or city under § 16-17-901 et seq. unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court. (B) The governing body of the town or city in a town or city subject to § 16-17-901 et seq. shall make at its annual meeting an appropriation of a sum sufficient to pay the town's or city's proportion of the salaries and operational expenses of the district court. (2) These payments shall be made out of the general revenues of the town or city.

(1) (A) Except as authorized otherwise, the town or city in which a district court is held shall pay: (i) One-half (½) of the salaries of the district court judge and the chief district court clerk; and (ii) The operational expenses of the district court organized in that town or city under § 16-17-901 et seq. unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court. (B) The governing body of the town or city in a town or city subject to § 16-17-901 et seq. shall make at its annual meeting an appropriation of a sum sufficient to pay the town's or city's proportion of the salaries and operational expenses of the district court.

(A) Except as authorized otherwise, the town or city in which a district court is held shall pay: (i) One-half (½) of the salaries of the district court judge and the chief district court clerk; and (ii) The operational expenses of the district court organized in that town or city under § 16-17-901 et seq. unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court.

(i) One-half (½) of the salaries of the district court judge and the chief district court clerk; and

(ii) The operational expenses of the district court organized in that town or city under § 16-17-901 et seq. unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court.

(B) The governing body of the town or city in a town or city subject to § 16-17-901 et seq. shall make at its annual meeting an appropriation of a sum sufficient to pay the town's or city's proportion of the salaries and operational expenses of the district court.

(2) These payments shall be made out of the general revenues of the town or city.

(c) (1) Any town or city operating a city court on December 31, 2011, that becomes a department of a district court shall continue to pay the amount paid as the base salary of the city court judge to the district court judge who has assumed the responsibility of attending the former city court. (2) The base salary to be paid to the district court judge under subdivision (c)(1) of this section in calendar year 2012 and subsequent years shall be the amount paid by the city or town to the city court judge for the calendar year 2011.

(1) Any town or city operating a city court on December 31, 2011, that becomes a department of a district court shall continue to pay the amount paid as the base salary of the city court judge to the district court judge who has assumed the responsibility of attending the former city court.

(2) The base salary to be paid to the district court judge under subdivision (c)(1) of this section in calendar year 2012 and subsequent years shall be the amount paid by the city or town to the city court judge for the calendar year 2011.

(d) (1) A town or city operating a city court on December 31, 2011, that becomes a department of district court shall continue to pay the salary of the district court clerk and provide for the operational expenses of that department of district court unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court. (2) Subdivision (d)(1) of this section does not apply to any town or city that has abolished a department of district court pursuant to state law.

(1) A town or city operating a city court on December 31, 2011, that becomes a department of district court shall continue to pay the salary of the district court clerk and provide for the operational expenses of that department of district court unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court.

(2) Subdivision (d)(1) of this section does not apply to any town or city that has abolished a department of district court pursuant to state law.

(e) A district court operated solely by the county shall have the salaries and operational expenses of that district court paid solely by the county unless otherwise agreed to by the political subdivisions that contribute to the expenses of the district court.

Amended by Act 2015, No. 530,§ 1, eff. 7/22/2015.

Acts 1951, No. 45, § 1; A.S.A. 1947, § 22-720.1; Acts 1987, No. 431, § 7; 2003, No. 1185, § 109; 2007, No. 663, § 35.
Ark. Code Ann. § 16-10-301 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-301
Legislative intent
Status: in_force

(a) It is hereby found by the General Assembly that the current system of funding the state judicial system has created inequity in the level of judicial services available to the citizens of the state. It is further determined that the current method of financing the state judicial system has become so complex as to make the administration of the system impossible. Finally, it is determined that the lack of any reliable data on the current cost of the state judicial system prohibits any comprehensive change in the funding of the system at this time. (b) It is, therefore, the intent of this act to eliminate the current system of collecting and assessing a large number of individual court costs and filing fees, to replace it with uniform costs and fees to be applied statewide, and to prohibit the implementation of new costs and fees for specific programs in the future. Acts 1995, No. 1256, § 1.

(a) It is hereby found by the General Assembly that the current system of funding the state judicial system has created inequity in the level of judicial services available to the citizens of the state. It is further determined that the current method of financing the state judicial system has become so complex as to make the administration of the system impossible. Finally, it is determined that the lack of any reliable data on the current cost of the state judicial system prohibits any comprehensive change in the funding of the system at this time.

(b) It is, therefore, the intent of this act to eliminate the current system of collecting and assessing a large number of individual court costs and filing fees, to replace it with uniform costs and fees to be applied statewide, and to prohibit the implementation of new costs and fees for specific programs in the future.

Acts 1995, No. 1256, § 1.
Ark. Code Ann. § 16-10-601 — AR Code / Title 16 / Chapter 10 / Subchapter 6 / Section 16-10-601
Legislative intent
Status: in_force

(a) It is hereby found by the General Assembly that the current system of funding the state judicial system has created inequity in the level of judicial services available to the citizens of the state. It is further determined that, with the passage and implementation of Acts 1995, No. 1256, a uniform structure for the accounting and distribution of court-generated funds has been established and reliable data on the cost of providing court services and the revenue produced by the court system now exists. (b) It is, therefore, the intent of this act to begin to phase in the responsibility of the funding of a part of the state trial court system from county government to the state. It is, further, the intent of this act to continue and improve the reporting of information from cities and counties concerning the costs of providing the court system and the revenues produced from court costs, fees, and fines. Acts 1997, No. 788, § 1; 1997, No. 1341, § 1.

(a) It is hereby found by the General Assembly that the current system of funding the state judicial system has created inequity in the level of judicial services available to the citizens of the state. It is further determined that, with the passage and implementation of Acts 1995, No. 1256, a uniform structure for the accounting and distribution of court-generated funds has been established and reliable data on the cost of providing court services and the revenue produced by the court system now exists.

(b) It is, therefore, the intent of this act to begin to phase in the responsibility of the funding of a part of the state trial court system from county government to the state. It is, further, the intent of this act to continue and improve the reporting of information from cities and counties concerning the costs of providing the court system and the revenues produced from court costs, fees, and fines.

Acts 1997, No. 788, § 1; 1997, No. 1341, § 1.
Ark. Code Ann. § 16-129-101 — AR Code / Title 16 / Chapter 129 / Section 16-129-101
Short title
Status: in_force

This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-105-205 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-205
Jurisdiction - Parties who may bring action
Status: in_force

Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisances defined in § 16-105-204 , upon petition in the name of the state, upon relation of the Attorney General or any prosecuting attorney of the state, or without the concurrence of the officers, upon the relation of five (5) or more citizens and freeholders of the county wherein the public nuisances may exist, in the manner provided in this subchapter. Acts 1915, No. 109, § 2; C. & M. Dig., § 6197; Pope's Dig., § 10919; A.S.A. 1947, § 34-102; Acts 2003, No. 1185, § 221.

Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisances defined in § 16-105-204 , upon petition in the name of the state, upon relation of the Attorney General or any prosecuting attorney of the state, or without the concurrence of the officers, upon the relation of five (5) or more citizens and freeholders of the county wherein the public nuisances may exist, in the manner provided in this subchapter.

Acts 1915, No. 109, § 2; C. & M. Dig., § 6197; Pope's Dig., § 10919; A.S.A. 1947, § 34-102; Acts 2003, No. 1185, § 221.
Ark. Code Ann. § 16-110-130 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-130
Motion to discharge
Status: in_force

(a) At any time before the attachment is sustained, the defendant, upon reasonable notice to the plaintiff or the plaintiff's attorney, may move the court to discharge the attachment, the hearing of which may be postponed by the court, upon sufficient cause, from time to time. (b) Upon the hearing, if the court is of the opinion that the attachment was obtained without sufficient cause or that the grounds of attachment being controverted are not sustained, the attachment shall be discharged. Civil Code, § 282; C. & M. Dig., § 572; Pope's Dig., § 609; A.S.A. 1947, § 31-149.

(a) At any time before the attachment is sustained, the defendant, upon reasonable notice to the plaintiff or the plaintiff's attorney, may move the court to discharge the attachment, the hearing of which may be postponed by the court, upon sufficient cause, from time to time.

(b) Upon the hearing, if the court is of the opinion that the attachment was obtained without sufficient cause or that the grounds of attachment being controverted are not sustained, the attachment shall be discharged.

Civil Code, § 282; C. & M. Dig., § 572; Pope's Dig., § 609; A.S.A. 1947, § 31-149.
Ark. Code Ann. § 16-43-503 — AR Code / Title 16 / Chapter 43 / Subchapter 5 / Section 16-43-503
Party injured as witness
Status: in_force

No person shall be rendered incompetent to testify in criminal cases by reason of his being the person injured or defrauded, or intended to be injured or defrauded, or because he would be entitled to satisfaction for the injury or may be liable to pay the costs of prosecution. Rev. Stat., ch. 45, § 166; C. & M. Dig., § 3121; Pope's Dig., § 3955; A.S.A. 1947, § 43-2018.

No person shall be rendered incompetent to testify in criminal cases by reason of his being the person injured or defrauded, or intended to be injured or defrauded, or because he would be entitled to satisfaction for the injury or may be liable to pay the costs of prosecution.

Rev. Stat., ch. 45, § 166; C. & M. Dig., § 3121; Pope's Dig., § 3955; A.S.A. 1947, § 43-2018.