Ark. Code Ann. § 16-13-510 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-510
Complete record required - Waiver
Status: in_force

(a) In all cases before a circuit court of this state, a complete record of the proceedings shall be made by the official court reporter, or other reporter designated by the court. Upon the request of either party or the circuit judge, said record shall be transcribed, certified by the reporter as true and correct, and filed with the clerk of the court in which the proceedings were had, not less than ten (10) days before the expiration of time allowed for appeal. (b) Nothing contained in this section shall prevent the parties, with the permission of the circuit court, from waiving a complete record of the proceeding. (c) (1) The court reporter's duty to transcribe and certify the record may be conditioned upon the payment, when requested by the court reporter, of up to fifty percent (50%) of the estimated cost of the transcript. (2) The court reporter may require that payment for the remainder of the final cost of the transcript be submitted before delivery of the transcript. Amended by Act 2021, No. 819,§ 1, eff. 7/28/2021. Acts 1989, No. 844, §§ 1, 2; 1993, No. 812, § 1.

(a) In all cases before a circuit court of this state, a complete record of the proceedings shall be made by the official court reporter, or other reporter designated by the court. Upon the request of either party or the circuit judge, said record shall be transcribed, certified by the reporter as true and correct, and filed with the clerk of the court in which the proceedings were had, not less than ten (10) days before the expiration of time allowed for appeal.

(b) Nothing contained in this section shall prevent the parties, with the permission of the circuit court, from waiving a complete record of the proceeding.

(c) (1) The court reporter's duty to transcribe and certify the record may be conditioned upon the payment, when requested by the court reporter, of up to fifty percent (50%) of the estimated cost of the transcript. (2) The court reporter may require that payment for the remainder of the final cost of the transcript be submitted before delivery of the transcript.

(1) The court reporter's duty to transcribe and certify the record may be conditioned upon the payment, when requested by the court reporter, of up to fifty percent (50%) of the estimated cost of the transcript.

(2) The court reporter may require that payment for the remainder of the final cost of the transcript be submitted before delivery of the transcript.

Amended by Act 2021, No. 819,§ 1, eff. 7/28/2021.

Acts 1989, No. 844, §§ 1, 2; 1993, No. 812, § 1.
Ark. Code Ann. § 16-47-204 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-204
Officials authorized to take without the United States
Status: in_force

The acknowledgment of any instrument may be made without the United States before: (1) An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice-consul, commercial attache, or consular agent of the United States accredited to the country where the acknowledgment is made. (2) A notary public of the country where the acknowledgment is made. (3) A judge or clerk of a court of record of the country where the acknowledgment is made. Acts 1943, No. 169, § 4; A.S.A. 1947, § 49-104.

The acknowledgment of any instrument may be made without the United States before:

(1) An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice-consul, commercial attache, or consular agent of the United States accredited to the country where the acknowledgment is made.

(2) A notary public of the country where the acknowledgment is made.

(3) A judge or clerk of a court of record of the country where the acknowledgment is made.

Acts 1943, No. 169, § 4; A.S.A. 1947, § 49-104.
Ark. Code Ann. § 16-93-214 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-214
Mobile application concerning inmates and parolees - Safe Arkansas App - Definition
Status: in_force

(a) As used in this section, "mobile application" means a computer software program designed to run on a smartphone, computer tablet, or other mobile device. (b) (1) To the extent permitted by federal law, the Parole Board shall administer a mobile application that shall provide the information set out in subsection (c) of this section concerning: (A) An inmate who is being considered for parole; or (B) A parolee who is on parole. (2) The mobile application required under subdivision (b)(1) of this section shall be known as the "Safe Arkansas App". (3) To facilitate the administration of the mobile application required under subdivision (b)(1) of this section, the board may seek the assistance of the Division of Information Systems of the Department of Transformation and Shared Services or enter into a contract for technical database and data processing services. (c) (1) The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning an inmate who is being considered for parole: (A) The name of the inmate; (B) The Division of Correction identification number of the inmate; (C) A current photograph of the inmate; (D) The date the inmate is eligible for parole; (E) The offense, sentence, date of sentencing, and sentence length for any conviction for which the inmate is incarcerated; and (F) Any other relevant public information about the inmate the board deems necessary. (2) The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning a parolee who is released on parole: (A) The name of the parolee; (B) The Division of Correction identification number of the parolee; (C) A current photograph of the parolee; (D) The offense, sentence, date of sentencing, and sentence length for any conviction for which the parolee was incarcerated; (E) The date the parolee was released on parole; (F) The time served by the parolee before parole was granted; (G) The approximate percentage of the sentence served by the inmate or parolee; (H) If a parolee is charged with a subsequent charge after being released on parole: (i) Any subsequent charge against the parolee; (ii) The date of the subsequent charge against the parolee; and (iii) Relevant details of any subsequent charge against the parolee; and (I) Any other relevant public information about the parolee the board deems necessary. (d) The information required to be posted on the board's mobile application under subsection (c) of this section: (1) Shall be consistently updated as required to be the most current information available to the board; and (2) May be removed when parole has been completed, if an inmate was released on parole. Added by Act 2023, No. 889,§ 1, eff. 8/1/2023.

(a) As used in this section, "mobile application" means a computer software program designed to run on a smartphone, computer tablet, or other mobile device.

(b) (1) To the extent permitted by federal law, the Parole Board shall administer a mobile application that shall provide the information set out in subsection (c) of this section concerning: (A) An inmate who is being considered for parole; or (B) A parolee who is on parole. (2) The mobile application required under subdivision (b)(1) of this section shall be known as the "Safe Arkansas App". (3) To facilitate the administration of the mobile application required under subdivision (b)(1) of this section, the board may seek the assistance of the Division of Information Systems of the Department of Transformation and Shared Services or enter into a contract for technical database and data processing services.

(1) To the extent permitted by federal law, the Parole Board shall administer a mobile application that shall provide the information set out in subsection (c) of this section concerning: (A) An inmate who is being considered for parole; or (B) A parolee who is on parole.

(A) An inmate who is being considered for parole; or

(B) A parolee who is on parole.

(2) The mobile application required under subdivision (b)(1) of this section shall be known as the "Safe Arkansas App".

(3) To facilitate the administration of the mobile application required under subdivision (b)(1) of this section, the board may seek the assistance of the Division of Information Systems of the Department of Transformation and Shared Services or enter into a contract for technical database and data processing services.

(c) (1) The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning an inmate who is being considered for parole: (A) The name of the inmate; (B) The Division of Correction identification number of the inmate; (C) A current photograph of the inmate; (D) The date the inmate is eligible for parole; (E) The offense, sentence, date of sentencing, and sentence length for any conviction for which the inmate is incarcerated; and (F) Any other relevant public information about the inmate the board deems necessary. (2) The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning a parolee who is released on parole: (A) The name of the parolee; (B) The Division of Correction identification number of the parolee; (C) A current photograph of the parolee; (D) The offense, sentence, date of sentencing, and sentence length for any conviction for which the parolee was incarcerated; (E) The date the parolee was released on parole; (F) The time served by the parolee before parole was granted; (G) The approximate percentage of the sentence served by the inmate or parolee; (H) If a parolee is charged with a subsequent charge after being released on parole: (i) Any subsequent charge against the parolee; (ii) The date of the subsequent charge against the parolee; and (iii) Relevant details of any subsequent charge against the parolee; and (I) Any other relevant public information about the parolee the board deems necessary.

(1) The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning an inmate who is being considered for parole: (A) The name of the inmate; (B) The Division of Correction identification number of the inmate; (C) A current photograph of the inmate; (D) The date the inmate is eligible for parole; (E) The offense, sentence, date of sentencing, and sentence length for any conviction for which the inmate is incarcerated; and (F) Any other relevant public information about the inmate the board deems necessary.

(A) The name of the inmate;

(B) The Division of Correction identification number of the inmate;

(C) A current photograph of the inmate;

(D) The date the inmate is eligible for parole;

(E) The offense, sentence, date of sentencing, and sentence length for any conviction for which the inmate is incarcerated; and

(F) Any other relevant public information about the inmate the board deems necessary.

(2) The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning a parolee who is released on parole: (A) The name of the parolee; (B) The Division of Correction identification number of the parolee; (C) A current photograph of the parolee; (D) The offense, sentence, date of sentencing, and sentence length for any conviction for which the parolee was incarcerated; (E) The date the parolee was released on parole; (F) The time served by the parolee before parole was granted; (G) The approximate percentage of the sentence served by the inmate or parolee; (H) If a parolee is charged with a subsequent charge after being released on parole: (i) Any subsequent charge against the parolee; (ii) The date of the subsequent charge against the parolee; and (iii) Relevant details of any subsequent charge against the parolee; and (I) Any other relevant public information about the parolee the board deems necessary.

(A) The name of the parolee;

(B) The Division of Correction identification number of the parolee;

(C) A current photograph of the parolee;

(D) The offense, sentence, date of sentencing, and sentence length for any conviction for which the parolee was incarcerated;

(E) The date the parolee was released on parole;

(F) The time served by the parolee before parole was granted;

(G) The approximate percentage of the sentence served by the inmate or parolee;

(H) If a parolee is charged with a subsequent charge after being released on parole: (i) Any subsequent charge against the parolee; (ii) The date of the subsequent charge against the parolee; and (iii) Relevant details of any subsequent charge against the parolee; and

(i) Any subsequent charge against the parolee;

(ii) The date of the subsequent charge against the parolee; and

(iii) Relevant details of any subsequent charge against the parolee; and

(I) Any other relevant public information about the parolee the board deems necessary.

(d) The information required to be posted on the board's mobile application under subsection (c) of this section: (1) Shall be consistently updated as required to be the most current information available to the board; and (2) May be removed when parole has been completed, if an inmate was released on parole.

(1) Shall be consistently updated as required to be the most current information available to the board; and

(2) May be removed when parole has been completed, if an inmate was released on parole.

Added by Act 2023, No. 889,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-88-205 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-205
Recognizance required for certain defendants
Status: in_force

(a) When the order is made, the defendant, if not in custody and the offense charge is bailable, shall enter into recognizance with sufficient security for his or her appearance to answer the charges in the court to which the cause is to be removed, on the first day of the next term thereof, and not depart the court without leave. (b) The recognizance may be taken by the court or judge making the order of removal or by any officer authorized by law to let to bail after indictment is found. (c) When the recognizance is taken out of the court in which the cause is pending, it shall be filed with the clerk of the court as a part of the record in the cause. (d) No order for the removal of a cause shall be effectual in the case of any defendant not in confinement or custody unless a recognizance is entered into as directed in this subchapter or unless the order of the removal is delivered before any juror is sworn in the cause. Crim. Code, §§ 419-421, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3091-3903; Pope's Dig., §§ 3921-3923; A.S.A. 1947, §§ 43-1505 -- 43-1507.

(a) When the order is made, the defendant, if not in custody and the offense charge is bailable, shall enter into recognizance with sufficient security for his or her appearance to answer the charges in the court to which the cause is to be removed, on the first day of the next term thereof, and not depart the court without leave.

(b) The recognizance may be taken by the court or judge making the order of removal or by any officer authorized by law to let to bail after indictment is found.

(c) When the recognizance is taken out of the court in which the cause is pending, it shall be filed with the clerk of the court as a part of the record in the cause.

(d) No order for the removal of a cause shall be effectual in the case of any defendant not in confinement or custody unless a recognizance is entered into as directed in this subchapter or unless the order of the removal is delivered before any juror is sworn in the cause.

Crim. Code, §§ 419-421, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3091-3903; Pope's Dig., §§ 3921-3923; A.S.A. 1947, §§ 43-1505 -- 43-1507.
Ark. Code Ann. § 16-110-122 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-122
Bond for restitution of property
Status: in_force

(a) If the defendant at any time before the judgment causes a bond to be executed to the plaintiff by one (1) or more sufficient sureties, to be approved by the county sheriff, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken under it, or the proceeds thereof. However, the giving of this bond by the defendant shall not preclude his or her right to controvert the existence of the grounds stated by the plaintiff in his or her affidavit for the order of attachment. (b) The bond may, in vacation, be executed in the presence of the county sheriff having the order of attachment in his or her hands or, after the return of the order, before the clerk, with the same effect upon the attachment as if executed in court. The sureties, in either case, shall be approved by the officer. Civil Code, §§ 242-243; Acts 1891, No. 33, § 1, p. 55; C. & M. Dig., §§ 525, 526; Pope's Dig., §§ 562, 563; A.S.A. 1947, §§ 31-136, 31-137.

(a) If the defendant at any time before the judgment causes a bond to be executed to the plaintiff by one (1) or more sufficient sureties, to be approved by the county sheriff, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken under it, or the proceeds thereof. However, the giving of this bond by the defendant shall not preclude his or her right to controvert the existence of the grounds stated by the plaintiff in his or her affidavit for the order of attachment.

(b) The bond may, in vacation, be executed in the presence of the county sheriff having the order of attachment in his or her hands or, after the return of the order, before the clerk, with the same effect upon the attachment as if executed in court. The sureties, in either case, shall be approved by the officer.

Civil Code, §§ 242-243; Acts 1891, No. 33, § 1, p. 55; C. & M. Dig., §§ 525, 526; Pope's Dig., §§ 562, 563; A.S.A. 1947, §§ 31-136, 31-137.
Ark. Code Ann. § 16-90-310 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-310
Theft of public property - Lien on defendant's property
Status: in_force

(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the circuit court shall order a lien upon any and all property, refunds, or any other items in which the defendant may have a vested interest. (b) (1) The purpose of the lien is to secure the payment of any restitution, fines, court costs, or other payments that may be ordered by the circuit court. (2) (A) The lien shall have the same effect as any other civil judgment. (B) The state or the applicable political subdivision may execute upon the judgment in any manner provided by law. (C) Notwithstanding any other provisions of law, the state or any political subdivision may execute upon any funds held by a state public retirement system or any state agency or political subdivision in which the defendant may have a vested interest. (3) The circuit court shall order that these liens be released upon satisfaction of all payments ordered by the circuit court. Acts 1993, No. 193, § 3; 1993, No. 520, § 3.

(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the circuit court shall order a lien upon any and all property, refunds, or any other items in which the defendant may have a vested interest.

(b) (1) The purpose of the lien is to secure the payment of any restitution, fines, court costs, or other payments that may be ordered by the circuit court. (2) (A) The lien shall have the same effect as any other civil judgment. (B) The state or the applicable political subdivision may execute upon the judgment in any manner provided by law. (C) Notwithstanding any other provisions of law, the state or any political subdivision may execute upon any funds held by a state public retirement system or any state agency or political subdivision in which the defendant may have a vested interest. (3) The circuit court shall order that these liens be released upon satisfaction of all payments ordered by the circuit court.

(1) The purpose of the lien is to secure the payment of any restitution, fines, court costs, or other payments that may be ordered by the circuit court.

(2) (A) The lien shall have the same effect as any other civil judgment. (B) The state or the applicable political subdivision may execute upon the judgment in any manner provided by law. (C) Notwithstanding any other provisions of law, the state or any political subdivision may execute upon any funds held by a state public retirement system or any state agency or political subdivision in which the defendant may have a vested interest.

(A) The lien shall have the same effect as any other civil judgment.

(B) The state or the applicable political subdivision may execute upon the judgment in any manner provided by law.

(C) Notwithstanding any other provisions of law, the state or any political subdivision may execute upon any funds held by a state public retirement system or any state agency or political subdivision in which the defendant may have a vested interest.

(3) The circuit court shall order that these liens be released upon satisfaction of all payments ordered by the circuit court.

Acts 1993, No. 193, § 3; 1993, No. 520, § 3.
Ark. Code Ann. § 16-12-102 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-102
Election of judges
Status: in_force

(a) Except as provided in § 16-12-106 , all judges of the Court of Appeals shall be elected for full eight-year terms. (b) Each elected judge shall be a resident of the district from which he or she is elected. Acts 1979, No. 208, § 2; A.S.A. 1947, § 22-1202; Acts 1991, No. 959, § 1; 2005, No. 1448, § 1; 2007, No. 213, § 1.

(a) Except as provided in § 16-12-106 , all judges of the Court of Appeals shall be elected for full eight-year terms.

(b) Each elected judge shall be a resident of the district from which he or she is elected.

Acts 1979, No. 208, § 2; A.S.A. 1947, § 22-1202; Acts 1991, No. 959, § 1; 2005, No. 1448, § 1; 2007, No. 213, § 1.
Ark. Code Ann. § 16-93-1910 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1910
Prohibition on sex offenders residing with minors
Status: in_force

(a) (1) Except as specified in subdivision (a)(2) of this section, the Post-Prison Transfer Board shall prohibit, as a condition of granting transfer to post-release supervision, an offender from residing in a residence with a minor, if the offender was convicted of one (1) or more of the following offenses perpetrated against a minor: (A) A sexual offense as defined in § 5-14-101 et seq.; (B) Incest, § 5-26-202 ; or (C) An offense under the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq. (2) The board may permit an offender to reside in a residence with a minor if the board finds that the offender no longer poses a danger to any minor residing in the residence. (b) If the board, upon a hearing under § 16-93-1908 , finds by a preponderance of the evidence that the offender has failed to comply with a condition of post-release supervision, the post-release supervision may be revoked and the offender returned to the custody of the Division of Correction. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) Except as specified in subdivision (a)(2) of this section, the Post-Prison Transfer Board shall prohibit, as a condition of granting transfer to post-release supervision, an offender from residing in a residence with a minor, if the offender was convicted of one (1) or more of the following offenses perpetrated against a minor: (A) A sexual offense as defined in § 5-14-101 et seq.; (B) Incest, § 5-26-202 ; or (C) An offense under the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq. (2) The board may permit an offender to reside in a residence with a minor if the board finds that the offender no longer poses a danger to any minor residing in the residence.

(1) Except as specified in subdivision (a)(2) of this section, the Post-Prison Transfer Board shall prohibit, as a condition of granting transfer to post-release supervision, an offender from residing in a residence with a minor, if the offender was convicted of one (1) or more of the following offenses perpetrated against a minor: (A) A sexual offense as defined in § 5-14-101 et seq.; (B) Incest, § 5-26-202 ; or (C) An offense under the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq.

(A) A sexual offense as defined in § 5-14-101 et seq.;

(B) Incest, § 5-26-202 ; or

(C) An offense under the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq.

(2) The board may permit an offender to reside in a residence with a minor if the board finds that the offender no longer poses a danger to any minor residing in the residence.

(b) If the board, upon a hearing under § 16-93-1908 , finds by a preponderance of the evidence that the offender has failed to comply with a condition of post-release supervision, the post-release supervision may be revoked and the offender returned to the custody of the Division of Correction.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-11-106 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-106
Issuance of writs and process
Status: in_force

The Supreme Court shall have power to direct the forms of writs and process which are not contrary to or inconsistent with the Constitution and laws of this state. Rev. Stat., ch. 43, § 2; C. & M. Dig., § 2126; Pope's Dig., § 2732; A.S.A. 1947, § 22-212.

The Supreme Court shall have power to direct the forms of writs and process which are not contrary to or inconsistent with the Constitution and laws of this state.

Rev. Stat., ch. 43, § 2; C. & M. Dig., § 2126; Pope's Dig., § 2732; A.S.A. 1947, § 22-212.
Ark. Code Ann. § 16-93-203 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-203
Cooperation from prison officials
Status: in_force

It shall be the duty of any correctional official to: (1) Grant access at all reasonable times to any prisoner over whom the Post-Prison Transfer Board has jurisdiction under this chapter to the members of the board or its properly accredited representatives; (2) Provide the board and its representatives facilities for communicating with and observing the person; and (3) Furnish the board with: (A) The reports the board requires concerning the conduct and character of any prisoner in his or her custody; and (B) Any facts the board deems pertinent in determining whether: (i) The prisoner shall be transferred and under what conditions the prisoner shall be transferred; or (ii) The prisoner shall be paroled. Amended by Act 2023, No. 659,§ 166, eff. 1/1/2024. Acts 1968 (1st Ex. Sess.), No. 50, § 30; A.S.A. 1947, § 43-2809; Acts 1993, No. 530, § 4; 1993, No. 547, § 4.

It shall be the duty of any correctional official to:

(1) Grant access at all reasonable times to any prisoner over whom the Post-Prison Transfer Board has jurisdiction under this chapter to the members of the board or its properly accredited representatives;

(2) Provide the board and its representatives facilities for communicating with and observing the person; and

(3) Furnish the board with: (A) The reports the board requires concerning the conduct and character of any prisoner in his or her custody; and (B) Any facts the board deems pertinent in determining whether: (i) The prisoner shall be transferred and under what conditions the prisoner shall be transferred; or (ii) The prisoner shall be paroled.

(A) The reports the board requires concerning the conduct and character of any prisoner in his or her custody; and

(B) Any facts the board deems pertinent in determining whether: (i) The prisoner shall be transferred and under what conditions the prisoner shall be transferred; or (ii) The prisoner shall be paroled.

(i) The prisoner shall be transferred and under what conditions the prisoner shall be transferred; or

(ii) The prisoner shall be paroled.

Amended by Act 2023, No. 659,§ 166, eff. 1/1/2024.

Acts 1968 (1st Ex. Sess.), No. 50, § 30; A.S.A. 1947, § 43-2809; Acts 1993, No. 530, § 4; 1993, No. 547, § 4.
Ark. Code Ann. § 16-17-906 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-906
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 6; 2005, No. 72, § 6.

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

Acts 2003, No. 1727, § 6; 2005, No. 72, § 6.
Ark. Code Ann. § 16-13-217 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-217
Law clerks - Service as court reporters and masters
Status: in_force

(a) (1) A circuit judge of any judicial district, any county of which has a population of two hundred forty thousand (240,000) or more according to the most recent federal census, may appoint one (1) law clerk for the county who shall be a licensed attorney or a graduate of a law school approved by the State Board of Law Examiners. (2) In any judicial district having more than one (1) division of a circuit court, the appointment of the law clerk shall be by concurrence of a majority of the judges of that district. (b) The law clerk may, in addition, serve as court reporter for the court or any division of the court. (c) Each circuit judge of a judicial district having a population of two hundred forty thousand (240,000) or more according to the most recent federal census may appoint a law clerk who may also serve as master who shall be a graduate of a law school approved by the State Board of Law Examiners. (d) The law clerk shall serve at the discretion and under the direction of the circuit judge to whom he or she is assigned. (e) The powers and duties of the law clerk shall be to administer oaths and affirmations; to take acknowledgments, affidavits, and depositions; to conduct pretrial and prejudgment hearings; and to make recommendations for dispositions to the circuit judge. (f) A law clerk may be assigned such additional duties at the discretion of the circuit judge as are not inconsistent with the Constitution and laws of the State of Arkansas. (g) (1) The salary of a law clerk for circuit court provided for under this section shall be the same salary as provided for a circuit court reporter in the district in which the law clerk is appointed. (2) Should the law clerk serve both as court reporter and law clerk, he or she shall receive in addition thereto the sum of six hundred dollars ($600) per annum. Acts 1961, No. 14, § 1; 1963, No. 29, § 1; 1968 (1st Ex. Sess.), No. 66, § 1; 1979, No. 580, §§ 1-3; A.S.A. 1947, §§ 22-361 -- 22-362.

(a) (1) A circuit judge of any judicial district, any county of which has a population of two hundred forty thousand (240,000) or more according to the most recent federal census, may appoint one (1) law clerk for the county who shall be a licensed attorney or a graduate of a law school approved by the State Board of Law Examiners. (2) In any judicial district having more than one (1) division of a circuit court, the appointment of the law clerk shall be by concurrence of a majority of the judges of that district.

(1) A circuit judge of any judicial district, any county of which has a population of two hundred forty thousand (240,000) or more according to the most recent federal census, may appoint one (1) law clerk for the county who shall be a licensed attorney or a graduate of a law school approved by the State Board of Law Examiners.

(2) In any judicial district having more than one (1) division of a circuit court, the appointment of the law clerk shall be by concurrence of a majority of the judges of that district.

(b) The law clerk may, in addition, serve as court reporter for the court or any division of the court.

(c) Each circuit judge of a judicial district having a population of two hundred forty thousand (240,000) or more according to the most recent federal census may appoint a law clerk who may also serve as master who shall be a graduate of a law school approved by the State Board of Law Examiners.

(d) The law clerk shall serve at the discretion and under the direction of the circuit judge to whom he or she is assigned.

(e) The powers and duties of the law clerk shall be to administer oaths and affirmations; to take acknowledgments, affidavits, and depositions; to conduct pretrial and prejudgment hearings; and to make recommendations for dispositions to the circuit judge.

(f) A law clerk may be assigned such additional duties at the discretion of the circuit judge as are not inconsistent with the Constitution and laws of the State of Arkansas.

(g) (1) The salary of a law clerk for circuit court provided for under this section shall be the same salary as provided for a circuit court reporter in the district in which the law clerk is appointed. (2) Should the law clerk serve both as court reporter and law clerk, he or she shall receive in addition thereto the sum of six hundred dollars ($600) per annum.

(1) The salary of a law clerk for circuit court provided for under this section shall be the same salary as provided for a circuit court reporter in the district in which the law clerk is appointed.

(2) Should the law clerk serve both as court reporter and law clerk, he or she shall receive in addition thereto the sum of six hundred dollars ($600) per annum.

Acts 1961, No. 14, § 1; 1963, No. 29, § 1; 1968 (1st Ex. Sess.), No. 66, § 1; 1979, No. 580, §§ 1-3; A.S.A. 1947, §§ 22-361 -- 22-362.
Ark. Code Ann. § 16-68-202 — AR Code / Title 16 / Chapter 68 / Subchapter 2 / Section 16-68-202
Married women - Authority to execute bonds - Liability
Status: in_force

In case it shall be necessary in the prosecution or defense of any action brought by or against a married woman to enter into any bond or undertaking, the bond or undertaking may be executed by the married woman with the same effect in all respects as if she were sole. If the bond or undertaking becomes broken or forfeited, the bond or undertaking may be enforced against her separate property. Acts 1873, No. 126, § 9, p. 382; C. & M. Dig., § 5587; Pope's Dig., § 7237; A.S.A. 1947, § 27-2206.

In case it shall be necessary in the prosecution or defense of any action brought by or against a married woman to enter into any bond or undertaking, the bond or undertaking may be executed by the married woman with the same effect in all respects as if she were sole. If the bond or undertaking becomes broken or forfeited, the bond or undertaking may be enforced against her separate property.

Acts 1873, No. 126, § 9, p. 382; C. & M. Dig., § 5587; Pope's Dig., § 7237; A.S.A. 1947, § 27-2206.
Ark. Code Ann. § 16-13-1006 — AR Code / Title 16 / Chapter 13 / Subchapter 10 / Section 16-13-1006
Additional judge - Facilities
Status: in_force

The counties which comprise the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by § 16-13-1005 which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. Acts 1997, No. 403, § 2.

The counties which comprise the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by § 16-13-1005 which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes.

Acts 1997, No. 403, § 2.
Ark. Code Ann. § 16-23-105 — AR Code / Title 16 / Chapter 23 / Section 16-23-105
County law library book fund
Status: in_force

All collections from costs levied pursuant to the provisions of this chapter shall forthwith be paid over by the collecting officer to the county treasurer and by him credited on his records to a fund to be designated and known as the county law library book fund. The book fund shall be used for no other purposes than those provided in this chapter, and expenditures therefrom shall not require appropriation by the quorum court. Acts 1971, No. 284, § 2; 1985, No. 915, § 2; A.S.A. 1947, § 25-505.

All collections from costs levied pursuant to the provisions of this chapter shall forthwith be paid over by the collecting officer to the county treasurer and by him credited on his records to a fund to be designated and known as the county law library book fund. The book fund shall be used for no other purposes than those provided in this chapter, and expenditures therefrom shall not require appropriation by the quorum court.

Acts 1971, No. 284, § 2; 1985, No. 915, § 2; A.S.A. 1947, § 25-505.
Ark. Code Ann. § 16-108-228 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-228
Appeals
Status: in_force

(a) An appeal may be taken from: (1) an order denying a motion to compel arbitration; (2) an order granting a motion to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacating an award without directing a rehearing; or (6) a final judgment entered under this subchapter. (b) An appeal under this section must be taken as from an order or a judgment in a civil action. Acts 1969, No. 260, § 19; A.S.A. 1947, § 34-529; Acts 2011, No. 695, § 1.

(a) An appeal may be taken from: (1) an order denying a motion to compel arbitration; (2) an order granting a motion to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacating an award without directing a rehearing; or (6) a final judgment entered under this subchapter.

(1) an order denying a motion to compel arbitration;

(2) an order granting a motion to stay arbitration;

(3) an order confirming or denying confirmation of an award;

(4) an order modifying or correcting an award;

(5) an order vacating an award without directing a rehearing; or

(6) a final judgment entered under this subchapter.

(b) An appeal under this section must be taken as from an order or a judgment in a civil action.

Acts 1969, No. 260, § 19; A.S.A. 1947, § 34-529; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-96-109 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-109
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 306; C. & M. Dig., § 3289; Pope's Dig., § 4137; A.S.A. 1947, § 44-112.

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.

Crim. Code, § 306; C. & M. Dig., § 3289; Pope's Dig., § 4137; A.S.A. 1947, § 44-112.
Ark. Code Ann. § 16-130-102 — AR Code / Title 16 / Chapter 130 / Section 16-130-102
Legislative findings
Status: in_force

The General Assembly finds that: (1) Like the United States Senate, the General Assembly recognizes that "athletic participation helps develop self-discipline . . . confidence, and leadership skills", S. Res. 398, 115th Cong. (2018); (2) The same United States Senate resolution states that "opportunities for athletic participation should be available to all individuals," both male and female; (3) The same United States Senate resolution also states that, although "the share of athletic participation opportunities of high school girls has increased more than sixfold since the passage of Title IX of the Education Amendments of 1972 . . . high school girls still experience . . . a lower share of athletic participation opportunities than high school boys"; (4) According to the same United States Senate resolution, disparities also still remain at the collegiate level; (5) This chapter seeks to address these lingering disparities and, as stated in the same United States Senate resolution, "promote equality in sports and access to athletic opportunities for girls and women"; (6) To serve these goals, the General Assembly finds that there are "'[i]nherent differences' between men and women," borrowing the words of Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court in United States v. Virginia, 518 U.S. 515, 533 (1996); and (7) As Justice Ginsburg further said, these inherent differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity". Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.

The General Assembly finds that:

(1) Like the United States Senate, the General Assembly recognizes that "athletic participation helps develop self-discipline . . . confidence, and leadership skills", S. Res. 398, 115th Cong. (2018);

(2) The same United States Senate resolution states that "opportunities for athletic participation should be available to all individuals," both male and female;

(3) The same United States Senate resolution also states that, although "the share of athletic participation opportunities of high school girls has increased more than sixfold since the passage of Title IX of the Education Amendments of 1972 . . . high school girls still experience . . . a lower share of athletic participation opportunities than high school boys";

(4) According to the same United States Senate resolution, disparities also still remain at the collegiate level;

(5) This chapter seeks to address these lingering disparities and, as stated in the same United States Senate resolution, "promote equality in sports and access to athletic opportunities for girls and women";

(6) To serve these goals, the General Assembly finds that there are "'[i]nherent differences' between men and women," borrowing the words of Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court in United States v. Virginia, 518 U.S. 515, 533 (1996); and

(7) As Justice Ginsburg further said, these inherent differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity".

Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-123-312 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-312
Availability for inspection
Status: in_force

A person shall not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available. Acts 2001, No. 1785, § 13.

A person shall not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.

Acts 2001, No. 1785, § 13.
Ark. Code Ann. § 16-55-201 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-201
Modification of joint and several liability
Status: in_force

(a) In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint. (b) (1) Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault. (2) A separate several judgment shall be rendered against that defendant for that amount. (c) (1) To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault. (2) That amount shall be the maximum recoverable against that defendant. Acts 2003, No. 649, § 1.

(a) In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint.

(b) (1) Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault. (2) A separate several judgment shall be rendered against that defendant for that amount.

(1) Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

(2) A separate several judgment shall be rendered against that defendant for that amount.

(c) (1) To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault. (2) That amount shall be the maximum recoverable against that defendant.

(1) To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault.

(2) That amount shall be the maximum recoverable against that defendant.

Acts 2003, No. 649, § 1.
Ark. Code Ann. § 16-17-938 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-938
Columbia County District Court
Status: in_force

(a) (1) Columbia County shall have one (1) district court with two (2) departments: (A) One (1) located in Magnolia; and (B) One (1) located in Waldo. (2) Both departments are to be served by one (1) judge. (b) The Columbia County District Court Judge shall be elected countywide. (c) The Columbia County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) (1) Columbia County shall have one (1) district court with two (2) departments: (A) One (1) located in Magnolia; and (B) One (1) located in Waldo. (2) Both departments are to be served by one (1) judge.

(1) Columbia County shall have one (1) district court with two (2) departments: (A) One (1) located in Magnolia; and (B) One (1) located in Waldo.

(A) One (1) located in Magnolia; and

(B) One (1) located in Waldo.

(2) Both departments are to be served by one (1) judge.

(b) The Columbia County District Court Judge shall be elected countywide.

(c) The Columbia County District Court shall have countywide jurisdiction.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-105-403 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-403
Action to abate - Permanent injunction - Definition
Status: in_force

(a) As used in this section, "established neighborhood or community organization" means a group, whether or not incorporated, that: (1) Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on or within one thousand feet (1,000') of the premises alleged to be a common nuisance; and (2) Has the purpose of benefitting the quality of life in its neighborhood or community, including without limitation treatment programs. (b) The following persons or entities may bring a cause of action under this subchapter to enjoin, abate, and prevent a common nuisance that is being kept, maintained, or that exists to prevent the common nuisance, and to perpetually enjoin the person, entity, owner, lessee, or agent of the place listed under § 16-105-402(b) , in or upon which the common nuisance exists, from directly or indirectly maintaining or permitting the common nuisance: (1) The prosecuting attorney of the county; (2) The city attorney of any incorporated city; (3) Any citizen of the state or resident of the county, in his or her own name; (4) The county attorney; (5) The Attorney General; or (6) Any established neighborhood or community organization. Amended by Act 2013, No. 1219,§ 2, eff. 8/16/2013. Acts 1989, No. 556, § 1; 1991, No. 926, § 1; 1991, No. 1187, § 1.

(a) As used in this section, "established neighborhood or community organization" means a group, whether or not incorporated, that: (1) Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on or within one thousand feet (1,000') of the premises alleged to be a common nuisance; and (2) Has the purpose of benefitting the quality of life in its neighborhood or community, including without limitation treatment programs.

(1) Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on or within one thousand feet (1,000') of the premises alleged to be a common nuisance; and

(2) Has the purpose of benefitting the quality of life in its neighborhood or community, including without limitation treatment programs.

(b) The following persons or entities may bring a cause of action under this subchapter to enjoin, abate, and prevent a common nuisance that is being kept, maintained, or that exists to prevent the common nuisance, and to perpetually enjoin the person, entity, owner, lessee, or agent of the place listed under § 16-105-402(b) , in or upon which the common nuisance exists, from directly or indirectly maintaining or permitting the common nuisance: (1) The prosecuting attorney of the county; (2) The city attorney of any incorporated city; (3) Any citizen of the state or resident of the county, in his or her own name; (4) The county attorney; (5) The Attorney General; or (6) Any established neighborhood or community organization.

(1) The prosecuting attorney of the county;

(2) The city attorney of any incorporated city;

(3) Any citizen of the state or resident of the county, in his or her own name;

(4) The county attorney;

(5) The Attorney General; or

(6) Any established neighborhood or community organization.

Amended by Act 2013, No. 1219,§ 2, eff. 8/16/2013.

Acts 1989, No. 556, § 1; 1991, No. 926, § 1; 1991, No. 1187, § 1.
Ark. Code Ann. § 16-10-132 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-132
Addresses of parties
Status: in_force

The records of all judgments rendered in any circuit, county, district, or city court shall contain the addresses of all parties when reasonably ascertainable. Acts 1995, No. 1087, § 1; 2003, No. 1185, § 45.

The records of all judgments rendered in any circuit, county, district, or city court shall contain the addresses of all parties when reasonably ascertainable.

Acts 1995, No. 1087, § 1; 2003, No. 1185, § 45.
Ark. Code Ann. § 16-31-101 — AR Code / Title 16 / Chapter 31 / Section 16-31-101
Qualifications
Status: in_force

Every registered voter or, in counties where an enhanced prospective jury list is utilized, every registered voter, licensed driver, or person issued an identification card under § 27-16-805 who is a citizen of the United States and a resident of the State of Arkansas and of the county in which he or she may be summoned for jury service is legally qualified to act as a grand or petit juror if not otherwise disqualified under the express provisions of this act. Acts 1969, No. 568, § 1; A.S.A. 1947, § 39-101; Acts 2003, No. 1404, § 6[5].

Every registered voter or, in counties where an enhanced prospective jury list is utilized, every registered voter, licensed driver, or person issued an identification card under § 27-16-805 who is a citizen of the United States and a resident of the State of Arkansas and of the county in which he or she may be summoned for jury service is legally qualified to act as a grand or petit juror if not otherwise disqualified under the express provisions of this act.

Acts 1969, No. 568, § 1; A.S.A. 1947, § 39-101; Acts 2003, No. 1404, § 6[5].
Ark. Code Ann. § 16-90-1103 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1103
Presence at court proceedings
Status: in_force

(a) The victim or a representative of the victim may be present whenever the defendant has a right to be present during a court proceeding concerning the crime charged, other than a grand jury proceeding, unless the court determines that exclusion of the victim or the victim's representative is necessary to protect the defendant's right to a fair trial or the confidentiality or fairness of a juvenile proceeding. (b) If the victim is present, the court, at the victim's request, shall permit the presence of an individual to provide support to the victim, unless the court determines that exclusion of the individual is necessary to protect the defendant's right to a fair trial. Acts 1997, No. 1262, § 4.

(a) The victim or a representative of the victim may be present whenever the defendant has a right to be present during a court proceeding concerning the crime charged, other than a grand jury proceeding, unless the court determines that exclusion of the victim or the victim's representative is necessary to protect the defendant's right to a fair trial or the confidentiality or fairness of a juvenile proceeding.

(b) If the victim is present, the court, at the victim's request, shall permit the presence of an individual to provide support to the victim, unless the court determines that exclusion of the individual is necessary to protect the defendant's right to a fair trial.

Acts 1997, No. 1262, § 4.
Ark. Code Ann. § 16-67-332 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-332
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 883; Acts 1913, No. 62, § 1; C. & M. Dig., § 2171; Pope's Dig., § 2777; A.S.A. 1947, § 27-2142.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Civil Code, § 883; Acts 1913, No. 62, § 1; C. & M. Dig., § 2171; Pope's Dig., § 2777; A.S.A. 1947, § 27-2142.
Ark. Code Ann. § 16-110-410 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-410
Discharge of garnishee upon judgment or judgment for plaintiff
Status: in_force

(a) If the issue is found for the garnishee, he or she shall be discharged without further proceedings. (b) However, if the issue is found for the plaintiff, judgment shall be entered for the amount due from the garnishee to the defendant in the original judgment, or so much thereof as will be sufficient to satisfy the plaintiff's judgment, with costs. Acts 1889, No. 115, § 6, p. 168; C. & M. Dig., § 4913; Pope's Dig., § 6126; A.S.A. 1947, § 31-509.

(a) If the issue is found for the garnishee, he or she shall be discharged without further proceedings.

(b) However, if the issue is found for the plaintiff, judgment shall be entered for the amount due from the garnishee to the defendant in the original judgment, or so much thereof as will be sufficient to satisfy the plaintiff's judgment, with costs.

Acts 1889, No. 115, § 6, p. 168; C. & M. Dig., § 4913; Pope's Dig., § 6126; A.S.A. 1947, § 31-509.
Ark. Code Ann. § 16-21-1502 — AR Code / Title 16 / Chapter 21 / Subchapter 15 / Section 16-21-1502
Contingent expense allowances
Status: in_force

In lieu of any other contingent expense allowance provided by law for the office of the Prosecuting Attorney of the Tenth Judicial District, the prosecuting attorney shall be authorized an expense allowance of not less than twenty-seven thousand dollars ($27,000) per year nor more than forty-seven thousand dollars ($47,000) per year, as shall be determined by the quorum courts, to be borne by the respective counties of the Tenth Judicial District as follows: COUNTY MAXIMUM MINIMUM PERCENTAGE Ashley $13,630 $7,830 29% Bradley 4,700 2,700 10% Chicot 10,810 6,210 23% Desha 10,810 6,210 23% Drew 7,050 4,050 15% Acts 1985, No. 1097, § 4; A.S.A. 1947, § 24-114.17.

In lieu of any other contingent expense allowance provided by law for the office of the Prosecuting Attorney of the Tenth Judicial District, the prosecuting attorney shall be authorized an expense allowance of not less than twenty-seven thousand dollars ($27,000) per year nor more than forty-seven thousand dollars ($47,000) per year, as shall be determined by the quorum courts, to be borne by the respective counties of the Tenth Judicial District as follows:

COUNTY MAXIMUM MINIMUM PERCENTAGE Ashley $13,630 $7,830 29% Bradley 4,700 2,700 10% Chicot 10,810 6,210 23% Desha 10,810 6,210 23% Drew 7,050 4,050 15%

COUNTY

MAXIMUM

MINIMUM

PERCENTAGE

Ashley

$13,630

$7,830

29%

Bradley

4,700

2,700

10%

Chicot

10,810

6,210

23%

Desha

10,810

6,210

23%

Drew

7,050

4,050

15%

Acts 1985, No. 1097, § 4; A.S.A. 1947, § 24-114.17.
Ark. Code Ann. § 16-81-109 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-109
Bail
Status: in_force

(a) (1) When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest. (2) If the offense charged is a misdemeanor, the person arrested may immediately give bail for appearing on a day to be named in the bail bond before the judge or magistrate who issued the warrant or before the court having jurisdiction to try the offense. The sheriff or other officer making the arrest may be authorized by the judge or magistrate issuing the warrant to take the bail by an endorsement made on the warrant to that effect. (b) (1) If the defendant gives bail for his or her appearance before the judge or magistrate for an examination of the charge, as provided in subsection (a) of this section, the sheriff or officer taking the bail shall fix the day of the defendant's appearance. (2) A deviation from the provisions of subdivision (b)(1) of this section shall not, however, render the bail bond invalid. Crim. Code, §§ 25-27; Acts 1871, No. 49, § 1 [25]; C. & M. Dig., §§ 2896-2898; Init. Meas. 1936, No. 3, § 19, Acts 1937, p. 1384; Pope's Dig., §§ 3712-3714, 3865; A.S.A. 1947, §§ 43-411, 43-418 -- 43-420; Acts 2005, No. 1994, § 268.

(a) (1) When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest. (2) If the offense charged is a misdemeanor, the person arrested may immediately give bail for appearing on a day to be named in the bail bond before the judge or magistrate who issued the warrant or before the court having jurisdiction to try the offense. The sheriff or other officer making the arrest may be authorized by the judge or magistrate issuing the warrant to take the bail by an endorsement made on the warrant to that effect.

(1) When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest.

(2) If the offense charged is a misdemeanor, the person arrested may immediately give bail for appearing on a day to be named in the bail bond before the judge or magistrate who issued the warrant or before the court having jurisdiction to try the offense. The sheriff or other officer making the arrest may be authorized by the judge or magistrate issuing the warrant to take the bail by an endorsement made on the warrant to that effect.

(b) (1) If the defendant gives bail for his or her appearance before the judge or magistrate for an examination of the charge, as provided in subsection (a) of this section, the sheriff or officer taking the bail shall fix the day of the defendant's appearance. (2) A deviation from the provisions of subdivision (b)(1) of this section shall not, however, render the bail bond invalid.

(1) If the defendant gives bail for his or her appearance before the judge or magistrate for an examination of the charge, as provided in subsection (a) of this section, the sheriff or officer taking the bail shall fix the day of the defendant's appearance.

(2) A deviation from the provisions of subdivision (b)(1) of this section shall not, however, render the bail bond invalid.

Crim. Code, §§ 25-27; Acts 1871, No. 49, § 1 [25]; C. & M. Dig., §§ 2896-2898; Init. Meas. 1936, No. 3, § 19, Acts 1937, p. 1384; Pope's Dig., §§ 3712-3714, 3865; A.S.A. 1947, §§ 43-411, 43-418 -- 43-420; Acts 2005, No. 1994, § 268.
Ark. Code Ann. § 16-112-101 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-101
Procedure
Status: in_force

The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5075; Pope's Dig., § 6338; A.S.A. 1947, § 34-1701.

The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5075; Pope's Dig., § 6338; A.S.A. 1947, § 34-1701.
Ark. Code Ann. § 16-92-106 — AR Code / Title 16 / Chapter 92 / Section 16-92-106
Costs and fees - Justices of the peace
Status: in_force

(a) In all cases of felony where complaint shall be made before any justice of the peace or other officer, and the party against whom the complaint shall be made shall, upon a hearing thereof, be discharged, committed to jail, or bound over for his or her appearance at the circuit court, the justice or other officer or person to whom any fees may be due shall make out a fee bill for his or her costs allowed by law which may have accrued in the case. He or she shall present to the county court an itemized account, duly sworn to, which shall be examined as provided in subsection (b) of this section and, if found correct, audited and allowed by the county court. (b) It shall be the duty of the county court to carefully examine the fee bills, and it may, in its discretion, summon witnesses to enable it to ascertain the correctness and validity of the fee bills. If, upon examination and investigation, the county court shall be of the opinion that the fee bills are not authorized by law or are based upon frivolous, malicious, or unauthorized prosecutions improperly allowed by any magistrate, then the county court may reduce, modify, or wholly disallow the fee bills. Acts 1875, No. 77, §§ 36, 37, p. 167; 1875 (Adj. Sess.), No. 58, § 13, p. 103; C. & M. Dig., §§ 4603, 4604; Pope's Dig., §§ 5692, 5693; A.S.A. 1947, §§ 43-2412, 43-2413.

(a) In all cases of felony where complaint shall be made before any justice of the peace or other officer, and the party against whom the complaint shall be made shall, upon a hearing thereof, be discharged, committed to jail, or bound over for his or her appearance at the circuit court, the justice or other officer or person to whom any fees may be due shall make out a fee bill for his or her costs allowed by law which may have accrued in the case. He or she shall present to the county court an itemized account, duly sworn to, which shall be examined as provided in subsection (b) of this section and, if found correct, audited and allowed by the county court.

(b) It shall be the duty of the county court to carefully examine the fee bills, and it may, in its discretion, summon witnesses to enable it to ascertain the correctness and validity of the fee bills. If, upon examination and investigation, the county court shall be of the opinion that the fee bills are not authorized by law or are based upon frivolous, malicious, or unauthorized prosecutions improperly allowed by any magistrate, then the county court may reduce, modify, or wholly disallow the fee bills.

Acts 1875, No. 77, §§ 36, 37, p. 167; 1875 (Adj. Sess.), No. 58, § 13, p. 103; C. & M. Dig., §§ 4603, 4604; Pope's Dig., §§ 5692, 5693; A.S.A. 1947, §§ 43-2412, 43-2413.
Ark. Code Ann. § 16-105-307 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-307
Hearings for temporary and permanent injunction - Evidence
Status: in_force

Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance. Acts 1937, No. 118, § 6; Pope's Dig., § 10914; A.S.A. 1947, § 34-116; Acts 2003, No. 1185, § 222.

Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance.

Acts 1937, No. 118, § 6; Pope's Dig., § 10914; A.S.A. 1947, § 34-116; Acts 2003, No. 1185, § 222.
Ark. Code Ann. § 16-123-343 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-343
Prevailing party
Status: in_force

(a) A court in a civil action brought under this subchapter or the Arkansas Fair Housing Commission in an administrative hearing under § 16-123-331 may award reasonable attorney's fees to the prevailing party. (b) However, nothing contained in this subchapter shall waive the sovereign immunity of the State of Arkansas or any of its officials, agencies, departments, boards, or commissions. Acts 2001, No. 1785, § 44; 2005, No. 250, § 5.

(a) A court in a civil action brought under this subchapter or the Arkansas Fair Housing Commission in an administrative hearing under § 16-123-331 may award reasonable attorney's fees to the prevailing party.

(b) However, nothing contained in this subchapter shall waive the sovereign immunity of the State of Arkansas or any of its officials, agencies, departments, boards, or commissions.

Acts 2001, No. 1785, § 44; 2005, No. 250, § 5.
Ark. Code Ann. § 16-93-301 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-301
Definitions
Status: in_force

As used in this subchapter, "sealing" means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. Amended by Act 2013, No. 1460,§ 10, eff. 1/1/2014. Acts 1975, No. 346, § 1; A.S.A. 1947, § 43-1231; Acts 1995, No. 998, § 8; 2011, No. 570, § 90.

As used in this subchapter, "sealing" means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Amended by Act 2013, No. 1460,§ 10, eff. 1/1/2014.

Acts 1975, No. 346, § 1; A.S.A. 1947, § 43-1231; Acts 1995, No. 998, § 8; 2011, No. 570, § 90.
Ark. Code Ann. § 16-90-901 — AR Code / Title 16 / Chapter 90 / Subchapter 9 / Section 16-90-901
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014. Acts 1995, No. 998, § 7; 1999, No. 1407, § 3; 2003, No. 1390, § 7; 2003, No. 1753, § 1; 2011, No. 570, § 80.

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.

Acts 1995, No. 998, § 7; 1999, No. 1407, § 3; 2003, No. 1390, § 7; 2003, No. 1753, § 1; 2011, No. 570, § 80.
Ark. Code Ann. § 16-119-106 — AR Code / Title 16 / Chapter 119 / Section 16-119-106
Papers evidencing title to real or personal property recorded anew
Status: in_force

(a) In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the record thereof has been lost, destroyed, or burned, but the original of the instrument of conveyance, or copy duly certified according to law, is in the possession of the person entitled to the instrument of conveyance, the original or duly certified copy of the instrument of conveyance may be recorded anew in the office of the clerk and county recorder. The record shall relate back and have full force and effect from the date of the first record of the instrument of conveyance. (b) (1) In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder. (2) If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. The record thereof shall relate back and have full force and effect from the date of the original record. (3) No such decree shall be made by the circuit court unless previous notice of the intended application has been given to the other party or parties to the instrument of conveyance, or to their heirs, executors, or administrators according to the terms required in § 16-119-104 . Acts 1855, § 3, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8345, 8346; Pope's Dig., §§ 10938, 10941, 10942; A.S.A. 1947, §§ 16-405, 16-411, 16-412; Acts 2003, No. 1185, § 247.

(a) In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the record thereof has been lost, destroyed, or burned, but the original of the instrument of conveyance, or copy duly certified according to law, is in the possession of the person entitled to the instrument of conveyance, the original or duly certified copy of the instrument of conveyance may be recorded anew in the office of the clerk and county recorder. The record shall relate back and have full force and effect from the date of the first record of the instrument of conveyance.

(b) (1) In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder. (2) If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. The record thereof shall relate back and have full force and effect from the date of the original record. (3) No such decree shall be made by the circuit court unless previous notice of the intended application has been given to the other party or parties to the instrument of conveyance, or to their heirs, executors, or administrators according to the terms required in § 16-119-104 .

(1) In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder.

(2) If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. The record thereof shall relate back and have full force and effect from the date of the original record.

(3) No such decree shall be made by the circuit court unless previous notice of the intended application has been given to the other party or parties to the instrument of conveyance, or to their heirs, executors, or administrators according to the terms required in § 16-119-104 .

Acts 1855, § 3, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8345, 8346; Pope's Dig., §§ 10938, 10941, 10942; A.S.A. 1947, §§ 16-405, 16-411, 16-412; Acts 2003, No. 1185, § 247.
Ark. Code Ann. § 16-88-207 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-207
Second removal of same cause prohibited
Status: in_force

In no case shall a second removal of the same cause be allowed. Crim. Code, § 421, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3093; Pope's Dig., § 3923; A.S.A. 1947, § 43-1507.

In no case shall a second removal of the same cause be allowed.

Crim. Code, § 421, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3093; Pope's Dig., § 3923; A.S.A. 1947, § 43-1507.
Ark. Code Ann. § 16-90-407 — AR Code / Title 16 / Chapter 90 / Subchapter 4 / Section 16-90-407
Confinement in default of payment of fine
Status: in_force

(a) The defendant shall not be held in confinement under an execution for a fine for a longer period than at the rate of one (1) day for each two dollars ($2.00) of the fine. However, the confinement shall not discharge the fine, which thereafter can only be collected by proceeding against the defendant's property. (b) The provisions of this section shall not apply to judgments in city or police courts, which may be discharged by confinement in the city workhouse, according to the provisions of the special statutes regulating them. Crim. Code, § 299; C. & M. Dig., § 3266; Pope's Dig., § 4111; A.S.A. 1947, § 43-2606.

(a) The defendant shall not be held in confinement under an execution for a fine for a longer period than at the rate of one (1) day for each two dollars ($2.00) of the fine. However, the confinement shall not discharge the fine, which thereafter can only be collected by proceeding against the defendant's property.

(b) The provisions of this section shall not apply to judgments in city or police courts, which may be discharged by confinement in the city workhouse, according to the provisions of the special statutes regulating them.

Crim. Code, § 299; C. & M. Dig., § 3266; Pope's Dig., § 4111; A.S.A. 1947, § 43-2606.
Ark. Code Ann. § 16-17-1001 — AR Code / Title 16 / Chapter 17 / Subchapter 10 / Section 16-17-1001
Legislative findings
Status: in_force

The General Assembly finds that: (1) The goal expressed by Arkansas citizens with the adoption of Amendment 80 to the Arkansas Constitution was the creation of a three-tiered, unified court system; (2) The current structure of limited jurisdiction courts consists of a combination of full-time and part-time district and city court judges funded by city and county governments; (3) Based on availability of local resources, the cumulative effect of the creation and funding of those courts by local governments has been an unequal level of access to and an inequitable distribution of judicial services to communities; (4) While Amendment 80 does not require the state to fund the district court system, there is a state interest in providing a more uniform level of judicial resources to all citizens of the state; (5) Because the current system of limited jurisdiction courts is not uniform, it is contrary to the interest of the state to merely shift the funding of the system from local government to state government without addressing the district court system's structure; (6) A way of addressing the shortage of resources for circuit courts in some areas of the state is the expansion of the jurisdiction of the district court, which will shift cases from the circuit court to the district court and reduce expenses for the state; (7) A state-funded district court system should include an analysis by the state that furthers the goal of a unified and equitable system for the delivery of judicial services; and (8) It is the intent of this subchapter to begin that analysis process by establishing a pilot program that creates a limited number of state-funded district court judgeships and a process for the study and consideration of establishing additional district courts in the future. Acts 2007, No. 663, § 1.

The General Assembly finds that:

(1) The goal expressed by Arkansas citizens with the adoption of Amendment 80 to the Arkansas Constitution was the creation of a three-tiered, unified court system;

(2) The current structure of limited jurisdiction courts consists of a combination of full-time and part-time district and city court judges funded by city and county governments;

(3) Based on availability of local resources, the cumulative effect of the creation and funding of those courts by local governments has been an unequal level of access to and an inequitable distribution of judicial services to communities;

(4) While Amendment 80 does not require the state to fund the district court system, there is a state interest in providing a more uniform level of judicial resources to all citizens of the state;

(5) Because the current system of limited jurisdiction courts is not uniform, it is contrary to the interest of the state to merely shift the funding of the system from local government to state government without addressing the district court system's structure;

(6) A way of addressing the shortage of resources for circuit courts in some areas of the state is the expansion of the jurisdiction of the district court, which will shift cases from the circuit court to the district court and reduce expenses for the state;

(7) A state-funded district court system should include an analysis by the state that furthers the goal of a unified and equitable system for the delivery of judicial services; and

(8) It is the intent of this subchapter to begin that analysis process by establishing a pilot program that creates a limited number of state-funded district court judgeships and a process for the study and consideration of establishing additional district courts in the future.

Acts 2007, No. 663, § 1.
Ark. Code Ann. § 16-85-515 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-515
Advice of court or prosecuting attorney
Status: in_force

The grand jury may, at all reasonable times, ask the advice of the court or the prosecuting attorney. Crim. Code, § 107; C. & M. Dig., § 2995; Pope's Dig., § 3817; A.S.A. 1947, § 43-932.

The grand jury may, at all reasonable times, ask the advice of the court or the prosecuting attorney.

Crim. Code, § 107; C. & M. Dig., § 2995; Pope's Dig., § 3817; A.S.A. 1947, § 43-932.
Ark. Code Ann. § 16-116-201 — AR Code / Title 16 / Chapter 116 / Subchapter 2 / Section 16-116-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Product Liability Act of 1979". Acts 1979, No. 511, § 1; A.S.A. 1947, § 34-2801.

This subchapter may be cited as the "Arkansas Product Liability Act of 1979".

Acts 1979, No. 511, § 1; A.S.A. 1947, § 34-2801.
Ark. Code Ann. § 16-17-135 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-135
Counties authorized to employ and compensate district court judges as criminal magistrates
Status: in_force

(a) (1) A county may employ one (1) or more district court judges to act as criminal magistrates in accordance with the provisions of Rule 1.8(a) of the Arkansas Rules of Criminal Procedure or in accordance with per curiam orders issued by the Arkansas Supreme Court. (2) A district court judge acting as a criminal magistrate may be authorized to perform any of the duties described in Rule 1.8(b) of the Arkansas Rules of Criminal Procedure. (b) A county with a population of more than one hundred thousand (100,000) persons may compensate a district court judge acting as a criminal magistrate in excess of his or her salary as a district court judge in an annual amount not to exceed fifty percent (50%) of the district court judge's maximum annual salary as set forth in § 16-17-108 . (c) A county, city, or town that contributes to the salary of a district judge may treat the increased payment for magistrate duties as salary to be calculated for purposes of the Arkansas Public Employees' Retirement System, § 24-4-101 et seq. (d) The compensation for a district court judge acting as a criminal magistrate for a circuit court judge shall be set by the county quorum court by ordinance and may be paid by the county from the county administration of justice fund or the county general fund as appropriated by ordinance. Acts 2005, No. 1938, § 1; 2007, No. 177, § 4.

(a) (1) A county may employ one (1) or more district court judges to act as criminal magistrates in accordance with the provisions of Rule 1.8(a) of the Arkansas Rules of Criminal Procedure or in accordance with per curiam orders issued by the Arkansas Supreme Court. (2) A district court judge acting as a criminal magistrate may be authorized to perform any of the duties described in Rule 1.8(b) of the Arkansas Rules of Criminal Procedure.

(1) A county may employ one (1) or more district court judges to act as criminal magistrates in accordance with the provisions of Rule 1.8(a) of the Arkansas Rules of Criminal Procedure or in accordance with per curiam orders issued by the Arkansas Supreme Court.

(2) A district court judge acting as a criminal magistrate may be authorized to perform any of the duties described in Rule 1.8(b) of the Arkansas Rules of Criminal Procedure.

(b) A county with a population of more than one hundred thousand (100,000) persons may compensate a district court judge acting as a criminal magistrate in excess of his or her salary as a district court judge in an annual amount not to exceed fifty percent (50%) of the district court judge's maximum annual salary as set forth in § 16-17-108 .

(c) A county, city, or town that contributes to the salary of a district judge may treat the increased payment for magistrate duties as salary to be calculated for purposes of the Arkansas Public Employees' Retirement System, § 24-4-101 et seq.

(d) The compensation for a district court judge acting as a criminal magistrate for a circuit court judge shall be set by the county quorum court by ordinance and may be paid by the county from the county administration of justice fund or the county general fund as appropriated by ordinance.

Acts 2005, No. 1938, § 1; 2007, No. 177, § 4.
Ark. Code Ann. § 16-68-601 — AR Code / Title 16 / Chapter 68 / Subchapter 6 / Section 16-68-601
Amount of fees and costs
Status: in_force

(a) If an incarcerated person, defined for purposes of this subchapter as a person who has been convicted of a crime and is imprisoned for that crime or is being held in custody for trial or sentencing, files a civil action, the court shall order the incarcerated person to pay, as a partial payment of any court filing fees and court costs required by law, a first-time payment of twenty percent (20%) of the preceding six (6) months' income from the incarcerated person's inmate account as administered by the Division of Correction or the Division of Community Correction. (b) The Division of Correction or the Division of Community Correction shall withdraw these moneys maintained in the account for payment of the filing fees and court costs and shall forward these moneys collected at such times as the moneys exceed ten dollars ($10.00) to the appropriate court clerk or clerks until the actual court fees are paid in full. Amended by Act 2019, No. 910,§ 856, eff. 7/1/2019. Acts 1997, No. 340, § 1.

(a) If an incarcerated person, defined for purposes of this subchapter as a person who has been convicted of a crime and is imprisoned for that crime or is being held in custody for trial or sentencing, files a civil action, the court shall order the incarcerated person to pay, as a partial payment of any court filing fees and court costs required by law, a first-time payment of twenty percent (20%) of the preceding six (6) months' income from the incarcerated person's inmate account as administered by the Division of Correction or the Division of Community Correction.

(b) The Division of Correction or the Division of Community Correction shall withdraw these moneys maintained in the account for payment of the filing fees and court costs and shall forward these moneys collected at such times as the moneys exceed ten dollars ($10.00) to the appropriate court clerk or clerks until the actual court fees are paid in full.

Amended by Act 2019, No. 910,§ 856, eff. 7/1/2019.

Acts 1997, No. 340, § 1.
Ark. Code Ann. § 16-17-902 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-902
Counties having one district court
Status: in_force

(a) Each of the following counties shall have one (1) district court and one (1) district judge: (1) Howard; (2) Montgomery; (3) Perry; (4) Polk; (5) Randolph; (6) Scott; (7) Sevier; and (8) Stone. (b) The district court shall be located in the county seat of each county listed in subsection (a) of this section. (c) (1) The judge of any district court located in a county with one (1) district court shall be elected countywide. (2) If there is only one (1) district court in a county, it shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 2; 2005, No. 72, § 1; 2007, No. 663, § 38.

(a) Each of the following counties shall have one (1) district court and one (1) district judge: (1) Howard; (2) Montgomery; (3) Perry; (4) Polk; (5) Randolph; (6) Scott; (7) Sevier; and (8) Stone.

(1) Howard;

(2) Montgomery;

(3) Perry;

(4) Polk;

(5) Randolph;

(6) Scott;

(7) Sevier; and

(8) Stone.

(b) The district court shall be located in the county seat of each county listed in subsection (a) of this section.

(c) (1) The judge of any district court located in a county with one (1) district court shall be elected countywide. (2) If there is only one (1) district court in a county, it shall have countywide jurisdiction.

(1) The judge of any district court located in a county with one (1) district court shall be elected countywide.

(2) If there is only one (1) district court in a county, it shall have countywide jurisdiction.

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

Acts 2003, No. 1727, § 2; 2005, No. 72, § 1; 2007, No. 663, § 38.
Ark. Code Ann. § 16-66-210 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-210
Homestead Exemption Act
Status: in_force

(a) This section shall be known and may be cited as the "Homestead Exemption Act of 1981". (b) The homestead of any resident of this state who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution or other process thereon, except such as may be rendered for the purchase money or for specific liens, laborers' or mechanics' liens for improving the homestead, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an express trust for moneys due from them, in their fiduciary capacity. (c) (1) The homestead outside any city, town, or village, owned and occupied as a residence, shall consist of no more than one hundred sixty (160) acres of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed in value the sum of two thousand five hundred dollars ($2,500), but, in no event shall the homestead be reduced to less than eighty (80) acres, without regard to value. (2) The homestead in any city, town, or village, owned and occupied as a residence, shall consist of not more than one (1) acre of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed the sum of two thousand five hundred dollars ($2,500) in value, but in no event shall the homestead be reduced to less than one-quarter (¼) of an acre of land, without regard to value. (3) Any homestead outside any city, town, or village, owned and occupied as a residence, which is annexed to or made part of an incorporated city or town within the State of Arkansas, shall retain its exemption under subdivision (c)(1) of this section as long as the land on which it is located remains rural in nature and has a significant agricultural use. (d) The homestead provided for in this section shall inure to the benefit of the minor children, under the exemptions provided in this section, after the demise of the parents. Acts 1981, No. 663, §§ 1-4, 6; A.S.A. 1947, §§ 30-221 -- 30-224, 30-226; Acts 1989, No. 282, § 1.

(a) This section shall be known and may be cited as the "Homestead Exemption Act of 1981".

(b) The homestead of any resident of this state who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution or other process thereon, except such as may be rendered for the purchase money or for specific liens, laborers' or mechanics' liens for improving the homestead, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an express trust for moneys due from them, in their fiduciary capacity.

(c) (1) The homestead outside any city, town, or village, owned and occupied as a residence, shall consist of no more than one hundred sixty (160) acres of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed in value the sum of two thousand five hundred dollars ($2,500), but, in no event shall the homestead be reduced to less than eighty (80) acres, without regard to value. (2) The homestead in any city, town, or village, owned and occupied as a residence, shall consist of not more than one (1) acre of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed the sum of two thousand five hundred dollars ($2,500) in value, but in no event shall the homestead be reduced to less than one-quarter (¼) of an acre of land, without regard to value. (3) Any homestead outside any city, town, or village, owned and occupied as a residence, which is annexed to or made part of an incorporated city or town within the State of Arkansas, shall retain its exemption under subdivision (c)(1) of this section as long as the land on which it is located remains rural in nature and has a significant agricultural use.

(1) The homestead outside any city, town, or village, owned and occupied as a residence, shall consist of no more than one hundred sixty (160) acres of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed in value the sum of two thousand five hundred dollars ($2,500), but, in no event shall the homestead be reduced to less than eighty (80) acres, without regard to value.

(2) The homestead in any city, town, or village, owned and occupied as a residence, shall consist of not more than one (1) acre of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed the sum of two thousand five hundred dollars ($2,500) in value, but in no event shall the homestead be reduced to less than one-quarter (¼) of an acre of land, without regard to value.

(3) Any homestead outside any city, town, or village, owned and occupied as a residence, which is annexed to or made part of an incorporated city or town within the State of Arkansas, shall retain its exemption under subdivision (c)(1) of this section as long as the land on which it is located remains rural in nature and has a significant agricultural use.

(d) The homestead provided for in this section shall inure to the benefit of the minor children, under the exemptions provided in this section, after the demise of the parents.

Acts 1981, No. 663, §§ 1-4, 6; A.S.A. 1947, §§ 30-221 -- 30-224, 30-226; Acts 1989, No. 282, § 1.
Ark. Code Ann. § 16-63-404 — AR Code / Title 16 / Chapter 63 / Subchapter 4 / Section 16-63-404
Dismissal in vacation
Status: in_force

The plaintiff or his or her attorney may dismiss any suit, except actions of replevin, pending in any of the courts of this state, in vacation, in the office of the clerk on the payment of all costs that may have accrued therein. Rev. Stat., ch. 116, § 134; C. & M. Dig., § 1262; Pope's Dig., § 1486; A.S.A. 1947, § 27-1406.

The plaintiff or his or her attorney may dismiss any suit, except actions of replevin, pending in any of the courts of this state, in vacation, in the office of the clerk on the payment of all costs that may have accrued therein.

Rev. Stat., ch. 116, § 134; C. & M. Dig., § 1262; Pope's Dig., § 1486; A.S.A. 1947, § 27-1406.
Ark. Code Ann. § 16-17-222 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-222
Fees of prosecuting attorney
Status: in_force

The prosecuting attorney or his or her deputies shall receive the same fees for prosecuting cases in the district court as they are allowed by law for the prosecution of misdemeanors in the circuit courts. Acts 1927, No. 60, § 24; Pope's Dig., § 9920; A.S.A. 1947, § 22-729; Acts 2003, No. 1185, § 131.

The prosecuting attorney or his or her deputies shall receive the same fees for prosecuting cases in the district court as they are allowed by law for the prosecution of misdemeanors in the circuit courts.

Acts 1927, No. 60, § 24; Pope's Dig., § 9920; A.S.A. 1947, § 22-729; Acts 2003, No. 1185, § 131.
Ark. Code Ann. § 16-93-103 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-103
Authority of officers to make arrests and carry firearms
Status: in_force

(a) A probation officer appointed by a circuit court or district court, excluding a juvenile probation officer, and a community supervision officer employed by the Division of Community Correction who is a currently certified law enforcement officer may execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision of the state and are otherwise authorized to make lawful arrests as is any law enforcement officer of the State of Arkansas. (b) A community supervision officer either employed by the division or another entity authorized to employ a community supervision officer may carry a: (1) Firearm during all hours in which he or she is actively engaged in the obligations and duties of the office to which he or she is appointed or employed, pursuant to selection and training requirements under §§ 12-9-104 , 12-9-106 , and 12-9-107 ; and (2) Nonstate-issued firearm during all hours in which he or she is not actively pursuing the obligations and duties of the office to which he or she is appointed. (c) A community supervision officer employed by the division may also carry: (1) A nonstate-issued firearm as a secondary weapon while actively engaged in the duties of the office to which he or she is appointed or employed; and (2) A state-issued firearm during all hours in which he or she is not actively engaged in the duties of the office to which he or she is appointed or employed, except that a community supervision officer may not carry a firearm issued by the division while the community supervision officer is actively working at employment other than for the division. Amended by Act 2023, No. 659,§ 150, eff. 1/1/2024. Amended by Act 2017, No. 239,§ 1, eff. 8/1/2017. Acts 1983, No. 617, § 1; A.S.A. 1947, § 43-2332.1; Acts 1997, No. 283, § 1; 1999, No. 1456, § 1; 2003, No. 1185, § 218; 2005, No. 1994, § 324.

(a) A probation officer appointed by a circuit court or district court, excluding a juvenile probation officer, and a community supervision officer employed by the Division of Community Correction who is a currently certified law enforcement officer may execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision of the state and are otherwise authorized to make lawful arrests as is any law enforcement officer of the State of Arkansas.

(b) A community supervision officer either employed by the division or another entity authorized to employ a community supervision officer may carry a: (1) Firearm during all hours in which he or she is actively engaged in the obligations and duties of the office to which he or she is appointed or employed, pursuant to selection and training requirements under §§ 12-9-104 , 12-9-106 , and 12-9-107 ; and (2) Nonstate-issued firearm during all hours in which he or she is not actively pursuing the obligations and duties of the office to which he or she is appointed.

(1) Firearm during all hours in which he or she is actively engaged in the obligations and duties of the office to which he or she is appointed or employed, pursuant to selection and training requirements under §§ 12-9-104 , 12-9-106 , and 12-9-107 ; and

(2) Nonstate-issued firearm during all hours in which he or she is not actively pursuing the obligations and duties of the office to which he or she is appointed.

(c) A community supervision officer employed by the division may also carry: (1) A nonstate-issued firearm as a secondary weapon while actively engaged in the duties of the office to which he or she is appointed or employed; and (2) A state-issued firearm during all hours in which he or she is not actively engaged in the duties of the office to which he or she is appointed or employed, except that a community supervision officer may not carry a firearm issued by the division while the community supervision officer is actively working at employment other than for the division.

(1) A nonstate-issued firearm as a secondary weapon while actively engaged in the duties of the office to which he or she is appointed or employed; and

(2) A state-issued firearm during all hours in which he or she is not actively engaged in the duties of the office to which he or she is appointed or employed, except that a community supervision officer may not carry a firearm issued by the division while the community supervision officer is actively working at employment other than for the division.

Amended by Act 2023, No. 659,§ 150, eff. 1/1/2024.

Amended by Act 2017, No. 239,§ 1, eff. 8/1/2017.

Acts 1983, No. 617, § 1; A.S.A. 1947, § 43-2332.1; Acts 1997, No. 283, § 1; 1999, No. 1456, § 1; 2003, No. 1185, § 218; 2005, No. 1994, § 324.
Ark. Code Ann. § 16-65-108 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-108
Judgments, orders, sentences, and decrees without notice void
Status: in_force

All judgments, orders, sentences, and decrees made, rendered, or pronounced by any of the courts of the state against anyone without notice, actual or constructive, and all proceedings had under judgments, orders, sentences, or decrees shall be absolutely null and void. Acts 1859, No. 147, § 1, p. 172; C. & M. Dig., § 6238; Pope's Dig., § 8194; A.S.A. 1947, § 29-107.

All judgments, orders, sentences, and decrees made, rendered, or pronounced by any of the courts of the state against anyone without notice, actual or constructive, and all proceedings had under judgments, orders, sentences, or decrees shall be absolutely null and void.

Acts 1859, No. 147, § 1, p. 172; C. & M. Dig., § 6238; Pope's Dig., § 8194; A.S.A. 1947, § 29-107.
Ark. Code Ann. § 16-21-126 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-126
The Sixth Judicial District
Status: in_force

The Sixth Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1.

The Sixth Judicial District shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-96-103 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-103
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 301; C. & M. Dig., § 3284; Pope's Dig., § 4132; A.S.A. 1947, § 44-101.

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.

Crim. Code, § 301; C. & M. Dig., § 3284; Pope's Dig., § 4132; A.S.A. 1947, § 44-101.
Ark. Code Ann. § 16-13-2605 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2605
Court reporters
Status: in_force

Each of the circuit, chancery, and circuit-chancery judges provided for in § 16-13-2603 is authorized to employ a court reporter. The court reporters shall receive such compensation as is provided by law. Acts 1987, No. 846, § 4.

Each of the circuit, chancery, and circuit-chancery judges provided for in § 16-13-2603 is authorized to employ a court reporter. The court reporters shall receive such compensation as is provided by law.

Acts 1987, No. 846, § 4.
Ark. Code Ann. § 16-13-103 — AR Code / Title 16 / Chapter 13 / Subchapter 1 / Section 16-13-103
Special judges - Compensation - Expenses
Status: in_force

(a) (1) A licensed attorney who is elected as a special judge of the circuit court under Arkansas Constitution, Amendment 80, and the rules prescribed by the Supreme Court may request compensation at one-half (½) the rate as fixed by law for a regularly elected circuit judge. (2) This section does not allow a special judge to receive compensation for any days that he or she is not actually serving in his or her appointed capacity. (b) The compensation provided for in this section shall be paid from the appropriation provided to the Auditor of State for special and recalled judges for the circuit courts, upon certification by the clerk of the court in which the special circuit judge was elected stating the number of days or a portion of a day served, under the rules prescribed by the Supreme Court. Acts 1971, No. 649, §§ 1, 2; A.S.A. 1947, §§ 22-131, 22-131.1; Acts 2011, No. 274, § 6.

(a) (1) A licensed attorney who is elected as a special judge of the circuit court under Arkansas Constitution, Amendment 80, and the rules prescribed by the Supreme Court may request compensation at one-half (½) the rate as fixed by law for a regularly elected circuit judge. (2) This section does not allow a special judge to receive compensation for any days that he or she is not actually serving in his or her appointed capacity.

(1) A licensed attorney who is elected as a special judge of the circuit court under Arkansas Constitution, Amendment 80, and the rules prescribed by the Supreme Court may request compensation at one-half (½) the rate as fixed by law for a regularly elected circuit judge.

(2) This section does not allow a special judge to receive compensation for any days that he or she is not actually serving in his or her appointed capacity.

(b) The compensation provided for in this section shall be paid from the appropriation provided to the Auditor of State for special and recalled judges for the circuit courts, upon certification by the clerk of the court in which the special circuit judge was elected stating the number of days or a portion of a day served, under the rules prescribed by the Supreme Court.

Acts 1971, No. 649, §§ 1, 2; A.S.A. 1947, §§ 22-131, 22-131.1; Acts 2011, No. 274, § 6.
Ark. Code Ann. § 16-118-110 — AR Code / Title 16 / Chapter 118 / Section 16-118-110
Civil action for damages caused by violations of athletic association or conference regulations - Definitions
Status: in_force

(a) As used in this section: (1) "Athlete agent" means the same as defined in § 17-16-102 ; (2) "Damages caused by violations of athletic association or conference regulations" means: (A) Either: (i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or (ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and (B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education: (i) Loses the ability to grant an athletic scholarship; (ii) Loses the ability to recruit a student-athlete; (iii) Loses eligibility to participate in intercollegiate competition; (iv) Loses eligibility to participate in post-season intercollegiate competition; (v) Forfeits an athletic contest; or (vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and (3) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport. (b) An institution of higher education may bring a civil action against the following: (1) An athlete agent violating a provision of the Uniform Athlete Agents Act, § 17-16-101 et seq., if his or her actions result in damages caused by violations of athletic association or conference regulations; or (2) A person who knowingly induces or otherwise knowingly causes a student-athlete to take actions that result in damages caused by violations of athletic association or conference regulations. (c) (1) An institution of higher education that prevails in a civil action under this section may recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees. (2) A court may award punitive damages even if the court does not award compensatory damages. (d) A court may grant equitable relief to an institution of higher education to prevent harm that could result from the acts or omissions of a person under subdivisions (b)(1) and (2) of this section if the court finds a reasonable likelihood that a violation occurred. Added by Act 2013, No. 1324,§ 2, eff. 8/16/2013.

(a) As used in this section: (1) "Athlete agent" means the same as defined in § 17-16-102 ; (2) "Damages caused by violations of athletic association or conference regulations" means: (A) Either: (i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or (ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and (B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education: (i) Loses the ability to grant an athletic scholarship; (ii) Loses the ability to recruit a student-athlete; (iii) Loses eligibility to participate in intercollegiate competition; (iv) Loses eligibility to participate in post-season intercollegiate competition; (v) Forfeits an athletic contest; or (vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and (3) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport.

(1) "Athlete agent" means the same as defined in § 17-16-102 ;

(2) "Damages caused by violations of athletic association or conference regulations" means: (A) Either: (i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or (ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and (B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education: (i) Loses the ability to grant an athletic scholarship; (ii) Loses the ability to recruit a student-athlete; (iii) Loses eligibility to participate in intercollegiate competition; (iv) Loses eligibility to participate in post-season intercollegiate competition; (v) Forfeits an athletic contest; or (vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and

(A) Either: (i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or (ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and

(i) An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or

(ii) An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and

(B) As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education: (i) Loses the ability to grant an athletic scholarship; (ii) Loses the ability to recruit a student-athlete; (iii) Loses eligibility to participate in intercollegiate competition; (iv) Loses eligibility to participate in post-season intercollegiate competition; (v) Forfeits an athletic contest; or (vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and

(i) Loses the ability to grant an athletic scholarship;

(ii) Loses the ability to recruit a student-athlete;

(iii) Loses eligibility to participate in intercollegiate competition;

(iv) Loses eligibility to participate in post-season intercollegiate competition;

(v) Forfeits an athletic contest; or

(vi) Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and

(3) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport.

(b) An institution of higher education may bring a civil action against the following: (1) An athlete agent violating a provision of the Uniform Athlete Agents Act, § 17-16-101 et seq., if his or her actions result in damages caused by violations of athletic association or conference regulations; or (2) A person who knowingly induces or otherwise knowingly causes a student-athlete to take actions that result in damages caused by violations of athletic association or conference regulations.

(1) An athlete agent violating a provision of the Uniform Athlete Agents Act, § 17-16-101 et seq., if his or her actions result in damages caused by violations of athletic association or conference regulations; or

(2) A person who knowingly induces or otherwise knowingly causes a student-athlete to take actions that result in damages caused by violations of athletic association or conference regulations.

(c) (1) An institution of higher education that prevails in a civil action under this section may recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees. (2) A court may award punitive damages even if the court does not award compensatory damages.

(1) An institution of higher education that prevails in a civil action under this section may recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees.

(2) A court may award punitive damages even if the court does not award compensatory damages.

(d) A court may grant equitable relief to an institution of higher education to prevent harm that could result from the acts or omissions of a person under subdivisions (b)(1) and (2) of this section if the court finds a reasonable likelihood that a violation occurred.

Added by Act 2013, No. 1324,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-56-115 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-115
Limitation of actions not otherwise provided for
Status: in_force

All actions not included in §§ 16-56-104 , 16-56-105 , 16-56-108 , and 16-56-109 shall be commenced within five (5) years after the cause of action has accrued. Rev. Stat., ch. 91, § 11; C. & M. Dig., § 6960; Pope's Dig., § 8938; A.S.A. 1947, § 37-213.

All actions not included in §§ 16-56-104 , 16-56-105 , 16-56-108 , and 16-56-109 shall be commenced within five (5) years after the cause of action has accrued.

Rev. Stat., ch. 91, § 11; C. & M. Dig., § 6960; Pope's Dig., § 8938; A.S.A. 1947, § 37-213.
Ark. Code Ann. § 16-90-119 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-119
Confiscation of deadly weapons
Status: in_force

(a) When any person is convicted of any homicide, burglary, robbery, assault with intent to kill, assault with a deadly weapon, battery, or any other felony involving a deadly weapon, the court in which the person is convicted may confiscate the deadly weapons involved in the offense and may by court order either: (1) Transfer the weapons and the title to the weapons to an appropriate state or local law enforcement agency for use or sale by the law enforcement agency; or (2) Order the weapons destroyed if the weapons are not suitable for use or sale by law enforcement agencies. (b) (1) The sale of weapons by a law enforcement agency under this section shall be at a public auction or by competitive bid. (2) The sale shall be subject to a background check of the purchaser through the Federal Bureau of Investigation's National Instant Criminal Background Check System. (3) The sale shall not include illegal weapons. (4) The proceeds of the auction shall be retained by the law enforcement agency. Acts 1953, No. 267, § 1; A.S.A. 1947, § 43-2327; Acts 1987, No. 712, § 1; 2005, No. 889, § 1.

(a) When any person is convicted of any homicide, burglary, robbery, assault with intent to kill, assault with a deadly weapon, battery, or any other felony involving a deadly weapon, the court in which the person is convicted may confiscate the deadly weapons involved in the offense and may by court order either: (1) Transfer the weapons and the title to the weapons to an appropriate state or local law enforcement agency for use or sale by the law enforcement agency; or (2) Order the weapons destroyed if the weapons are not suitable for use or sale by law enforcement agencies.

(1) Transfer the weapons and the title to the weapons to an appropriate state or local law enforcement agency for use or sale by the law enforcement agency; or

(2) Order the weapons destroyed if the weapons are not suitable for use or sale by law enforcement agencies.

(b) (1) The sale of weapons by a law enforcement agency under this section shall be at a public auction or by competitive bid. (2) The sale shall be subject to a background check of the purchaser through the Federal Bureau of Investigation's National Instant Criminal Background Check System. (3) The sale shall not include illegal weapons. (4) The proceeds of the auction shall be retained by the law enforcement agency.

(1) The sale of weapons by a law enforcement agency under this section shall be at a public auction or by competitive bid.

(2) The sale shall be subject to a background check of the purchaser through the Federal Bureau of Investigation's National Instant Criminal Background Check System.

(3) The sale shall not include illegal weapons.

(4) The proceeds of the auction shall be retained by the law enforcement agency.

Acts 1953, No. 267, § 1; A.S.A. 1947, § 43-2327; Acts 1987, No. 712, § 1; 2005, No. 889, § 1.
Ark. Code Ann. § 16-123-336 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-336
Civil action
Status: in_force

(a) An aggrieved person may file a civil action in a court of competent jurisdiction in the county where the respondent resides not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or enforcement of a conciliation agreement. (b) (1) The two-year period does not include any time during which an administrative proceeding under this subchapter is pending with respect to a complaint or charge under this subchapter based on the discriminatory housing practice. (2) This subsection does not apply to actions arising from a breach of a conciliation agreement. (c) Except as otherwise provided in subsection (e) of this section, an aggrieved person may file an action under this section whether or not a complaint has been filed under § 16-123-317 , and without regard to the status of any complaint filed under that section. (d) If the Arkansas Fair Housing Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the conciliation agreement. (e) An aggrieved person may not file a civil action under this section with respect to the alleged discriminatory housing practice forming the basis of that charge after the actual commencement of an administrative hearing. Acts 2001, No. 1785, § 37; 2003, No. 1775, § 8.

(a) An aggrieved person may file a civil action in a court of competent jurisdiction in the county where the respondent resides not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or enforcement of a conciliation agreement.

(b) (1) The two-year period does not include any time during which an administrative proceeding under this subchapter is pending with respect to a complaint or charge under this subchapter based on the discriminatory housing practice. (2) This subsection does not apply to actions arising from a breach of a conciliation agreement.

(1) The two-year period does not include any time during which an administrative proceeding under this subchapter is pending with respect to a complaint or charge under this subchapter based on the discriminatory housing practice.

(2) This subsection does not apply to actions arising from a breach of a conciliation agreement.

(c) Except as otherwise provided in subsection (e) of this section, an aggrieved person may file an action under this section whether or not a complaint has been filed under § 16-123-317 , and without regard to the status of any complaint filed under that section.

(d) If the Arkansas Fair Housing Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the conciliation agreement.

(e) An aggrieved person may not file a civil action under this section with respect to the alleged discriminatory housing practice forming the basis of that charge after the actual commencement of an administrative hearing.

Acts 2001, No. 1785, § 37; 2003, No. 1775, § 8.
Ark. Code Ann. § 16-117-307 — AR Code / Title 16 / Chapter 117 / Subchapter 3 / Section 16-117-307
Insolvent partnerships
Status: in_force

In the case of an insolvent partnership, all or any of the partners may unite in one (1) complaint filed in the county where either one resides; but in such cases, all individual as well as firm property must be turned over to the receiver, and the firm property and the individual property shall be administered separately, according to the rules of equity. Acts 1897 (Ex. Sess.), No. 48, § 7, p. 115; C. & M. Dig., § 5891, Pope's Dig., § 7613; A.S.A. 1947, § 36-207.

In the case of an insolvent partnership, all or any of the partners may unite in one (1) complaint filed in the county where either one resides; but in such cases, all individual as well as firm property must be turned over to the receiver, and the firm property and the individual property shall be administered separately, according to the rules of equity.

Acts 1897 (Ex. Sess.), No. 48, § 7, p. 115; C. & M. Dig., § 5891, Pope's Dig., § 7613; A.S.A. 1947, § 36-207.
Ark. Code Ann. § 16-62-107 — AR Code / Title 16 / Chapter 62 / Section 16-62-107
Revivor of actions against personal representative of defendant
Status: in_force

(a) An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reasonable continuance as may be necessary to enable the personal representative properly to prepare for trial. (b) (1) An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate. (2) An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action. (3) No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in § 16-62-108 . Civil Code, §§ 560, 561; C. & M. Dig., §§ 1064, 1065; Pope's Dig., §§ 1267, 1268; Acts 1963, No. 84, §§ 2, 3; A.S.A. 1947, §§ 27-1015, 27-1016.

(a) An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reasonable continuance as may be necessary to enable the personal representative properly to prepare for trial.

(b) (1) An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate. (2) An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action. (3) No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in § 16-62-108 .

(1) An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate.

(2) An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action.

(3) No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in § 16-62-108 .

Civil Code, §§ 560, 561; C. & M. Dig., §§ 1064, 1065; Pope's Dig., §§ 1267, 1268; Acts 1963, No. 84, §§ 2, 3; A.S.A. 1947, §§ 27-1015, 27-1016.
Ark. Code Ann. § 16-120-601 — AR Code / Title 16 / Chapter 120 / Subchapter 6 / Section 16-120-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act". Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.

This subchapter shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act".

Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 16-10-123 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-123
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 2, eff. 8/1/2023. Rev. Stat., ch. 43, § 43; C. & M. Dig., § 2114; A.S.A. 1947, § 22-123.

Repealed by Act 2023, No. 177,§ 2, eff. 8/1/2023.

Rev. Stat., ch. 43, § 43; C. & M. Dig., § 2114; A.S.A. 1947, § 22-123.
Ark. Code Ann. § 16-85-402 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-402
Finding of indictment by jurors
Status: in_force

(a) The concurrence of twelve (12) grand jurors is required to find an indictment. (b) When so found, it must be endorsed "a true bill" and the endorsement signed by the foreman. (c) When an indictment is found, the names of all witnesses who were examined must be written at the foot of or on the indictment. (d) The indictment must: (1) Be presented by the foreman of the grand jury to the court; and (2) (A) Be filed with the clerk; and (B) Remain in his or her office as a public record. Crim. Code, §§ 118-120; C. & M. Dig., §§ 3008-3011; Pope's Dig., §§ 3830-3833; A.S.A. 1947, §§ 43-1002 -- 43-1005.

(a) The concurrence of twelve (12) grand jurors is required to find an indictment.

(b) When so found, it must be endorsed "a true bill" and the endorsement signed by the foreman.

(c) When an indictment is found, the names of all witnesses who were examined must be written at the foot of or on the indictment.

(d) The indictment must: (1) Be presented by the foreman of the grand jury to the court; and (2) (A) Be filed with the clerk; and (B) Remain in his or her office as a public record.

(1) Be presented by the foreman of the grand jury to the court; and

(2) (A) Be filed with the clerk; and (B) Remain in his or her office as a public record.

(A) Be filed with the clerk; and

(B) Remain in his or her office as a public record.

Crim. Code, §§ 118-120; C. & M. Dig., §§ 3008-3011; Pope's Dig., §§ 3830-3833; A.S.A. 1947, §§ 43-1002 -- 43-1005.
Ark. Code Ann. § 16-63-219 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-219
Fee for discovery of medical records
Status: in_force

A party in a civil action who seeks discovery of medical records from a physician or a hospital may be required by the court to pay the person from whom discovery is sought a reasonable fee for processing the records. The fee for processing the records shall not be limited to the expense of copying the records. Acts 1987, No. 359, § 1.

A party in a civil action who seeks discovery of medical records from a physician or a hospital may be required by the court to pay the person from whom discovery is sought a reasonable fee for processing the records. The fee for processing the records shall not be limited to the expense of copying the records.

Acts 1987, No. 359, § 1.
Ark. Code Ann. § 16-112-102 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-102
Officers permitted to issue
Status: in_force

(a) (1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state. (2) (A) The county judge shall have power coextensive with his or her county in the absence of the circuit judge therefrom to issue, hear, and determine writs of habeas corpus on proper application of parties entitled thereto, in all cases and with like powers, in which the circuit judge may issue and determine a writ of habeas corpus. (B) However, no county judge shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a grand jury. (b) If any officer enumerated in subsection (a) of this section shall, when legally applied to, refuse to issue the writ of habeas corpus to the petitioner, he or she shall forfeit and pay to the petitioner five hundred dollars ($500). Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; 1875, No. 100, § 1, p. 219; 1877, No. 2, § 1, p. 1; 1883, No. 93, § 1, p. 170; C. & M. Dig., §§ 5084, 5093; Pope's Dig., §§ 6347, 6356; A.S.A. 1947, §§ 34-1702, 34-1707; Acts 2003, No. 1185, § 232.

(a) (1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state. (2) (A) The county judge shall have power coextensive with his or her county in the absence of the circuit judge therefrom to issue, hear, and determine writs of habeas corpus on proper application of parties entitled thereto, in all cases and with like powers, in which the circuit judge may issue and determine a writ of habeas corpus. (B) However, no county judge shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a grand jury.

(1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state.

(2) (A) The county judge shall have power coextensive with his or her county in the absence of the circuit judge therefrom to issue, hear, and determine writs of habeas corpus on proper application of parties entitled thereto, in all cases and with like powers, in which the circuit judge may issue and determine a writ of habeas corpus. (B) However, no county judge shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a grand jury.

(A) The county judge shall have power coextensive with his or her county in the absence of the circuit judge therefrom to issue, hear, and determine writs of habeas corpus on proper application of parties entitled thereto, in all cases and with like powers, in which the circuit judge may issue and determine a writ of habeas corpus.

(B) However, no county judge shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a grand jury.

(b) If any officer enumerated in subsection (a) of this section shall, when legally applied to, refuse to issue the writ of habeas corpus to the petitioner, he or she shall forfeit and pay to the petitioner five hundred dollars ($500).

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; 1875, No. 100, § 1, p. 219; 1877, No. 2, § 1, p. 1; 1883, No. 93, § 1, p. 170; C. & M. Dig., §§ 5084, 5093; Pope's Dig., §§ 6347, 6356; A.S.A. 1947, §§ 34-1702, 34-1707; Acts 2003, No. 1185, § 232.
Ark. Code Ann. § 16-81-404 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-404
Member of duly organized peace unit of other state - Authority to arrest and hold
Status: in_force

Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence in such other state shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county, or municipal peace unit of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence in this state. Amended by Act 2017, No. 400,§ 2, eff. 8/1/2017. Acts 1951, No. 211, § 4; A.S.A. 1947, § 43-514.

Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence in such other state shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county, or municipal peace unit of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence in this state.

Amended by Act 2017, No. 400,§ 2, eff. 8/1/2017.

Acts 1951, No. 211, § 4; A.S.A. 1947, § 43-514.
Ark. Code Ann. § 16-123-304 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-304
Powers and duties
Status: in_force

(a) The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws and regulations. (b) The commission shall receive, initiate, investigate, seek to conciliate, and, if conciliation fails, seek to resolve complaints alleging violations of this subchapter through the procedures described by this subchapter. (c) The commission, at least annually, shall make a written report to the Legislative Council based upon and detailing the past year's activities and operations, including policy and program recommendations. (d) The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices. (e) The commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings. (f) A witness summoned by a subpoena under this subchapter shall be entitled to a witness fee payable in the same amount as set forth in rules of procedure for civil proceedings. Acts 2001, No. 1785, § 5; 2003, No. 1775, § 1.

(a) The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws and regulations.

(b) The commission shall receive, initiate, investigate, seek to conciliate, and, if conciliation fails, seek to resolve complaints alleging violations of this subchapter through the procedures described by this subchapter.

(c) The commission, at least annually, shall make a written report to the Legislative Council based upon and detailing the past year's activities and operations, including policy and program recommendations.

(d) The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

(e) The commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.

(f) A witness summoned by a subpoena under this subchapter shall be entitled to a witness fee payable in the same amount as set forth in rules of procedure for civil proceedings.

Acts 2001, No. 1785, § 5; 2003, No. 1775, § 1.
Ark. Code Ann. § 16-46-302 — AR Code / Title 16 / Chapter 46 / Subchapter 3 / Section 16-46-302
Furnishing copies of records in compliance with subpoenas
Status: in_force

Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the place where any cause of action is alleged to have arisen and such a subpoena requires the production of all or any part of the records of the hospital or physician's office related to the care or treatment of a patient in the hospital or physician's office, then it shall be sufficient compliance therewith if the custodian delivers, by hand or by registered mail to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena or conducting the hearing, a true and correct copy of all records described in the subpoena together with the affidavit described in § 16-46-305 . However, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms, and similar graphic matter unless they are specifically referred to in the subpoena. Acts 1981, No. 255, § 2; A.S.A. 1947, § 28-937; Acts 2007, No. 662, § 3.

Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the place where any cause of action is alleged to have arisen and such a subpoena requires the production of all or any part of the records of the hospital or physician's office related to the care or treatment of a patient in the hospital or physician's office, then it shall be sufficient compliance therewith if the custodian delivers, by hand or by registered mail to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena or conducting the hearing, a true and correct copy of all records described in the subpoena together with the affidavit described in § 16-46-305 . However, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms, and similar graphic matter unless they are specifically referred to in the subpoena.

Acts 1981, No. 255, § 2; A.S.A. 1947, § 28-937; Acts 2007, No. 662, § 3.
Ark. Code Ann. § 16-114-213 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-213
Sole remedy
Status: in_force

This subchapter is the sole remedy with respect to any action for medical injury against a medical care provider. Added by Act 2013, No. 1196,§ 4, eff. 8/16/2013.

This subchapter is the sole remedy with respect to any action for medical injury against a medical care provider.

Added by Act 2013, No. 1196,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 16-10-303 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-303
[Repealed]
Status: repealed

Acts 1995, No. 1256, § 6; 2001, No. 1809, § 5; 2003, No. 1105, § 48; 2007, No. 663, § 24, eff. 1/1/2012 .

Acts 1995, No. 1256, § 6; 2001, No. 1809, § 5; 2003, No. 1105, § 48; 2007, No. 663, § 24, eff. 1/1/2012

.
Ark. Code Ann. § 16-67-314 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-314
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 863; C. & M. Dig., § 2136; Pope's Dig., § 2742; Acts 1953, No. 148, § 1; 1953, No. 555, §§ 14, 20; 1971, No. 206, § 1; A.S.A. 1947, §§ 27-2127.1, 27-2127.8, 27-2128, 27-2129.2.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Civil Code, § 863; C. & M. Dig., § 2136; Pope's Dig., § 2742; Acts 1953, No. 148, § 1; 1953, No. 555, §§ 14, 20; 1971, No. 206, § 1; A.S.A. 1947, §§ 27-2127.1, 27-2127.8, 27-2128, 27-2129.2.
Ark. Code Ann. § 16-13-203 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-203
Supervision of county courts and county, local, and municipal boards or officers
Status: in_force

(a) The circuit courts shall have superintending control over the judgments, final orders, and proceedings of county courts and county boards or officers. (b) The circuit courts shall have supervision and control over all local, county, and municipal boards or officers in their actions or proceedings in the taxing, assessing, seizing, or sale of property. Civil Code, § 19; Acts 1873, No. 88, § 1 [19], p. 213; C. & M. Dig., §§ 2239, 2240; Pope's Dig., §§ 2867, 2868; A.S.A. 1947, §§ 22-305, 22-306.

(a) The circuit courts shall have superintending control over the judgments, final orders, and proceedings of county courts and county boards or officers.

(b) The circuit courts shall have supervision and control over all local, county, and municipal boards or officers in their actions or proceedings in the taxing, assessing, seizing, or sale of property.

Civil Code, § 19; Acts 1873, No. 88, § 1 [19], p. 213; C. & M. Dig., §§ 2239, 2240; Pope's Dig., §§ 2867, 2868; A.S.A. 1947, §§ 22-305, 22-306.
Ark. Code Ann. § 16-56-122 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-122
Tolling statute - Verbal promise or acknowledgment insufficient
Status: in_force

No verbal promise or acknowledgment in any action founded on a simple contract shall be deemed sufficient evidence to take any case out of the operation of this act or to deprive the party of the benefits thereof. Rev. Stat., ch. 91, § 14; C. & M. Dig., § 6965; Pope's Dig., § 8943; A.S.A. 1947, § 37-216.

No verbal promise or acknowledgment in any action founded on a simple contract shall be deemed sufficient evidence to take any case out of the operation of this act or to deprive the party of the benefits thereof.

Rev. Stat., ch. 91, § 14; C. & M. Dig., § 6965; Pope's Dig., § 8943; A.S.A. 1947, § 37-216.
Ark. Code Ann. § 16-13-512 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-512
Funding of official court reporters
Status: in_force

(a) The state, rather than individual counties, shall bear the responsibility of funding the salaries and expenses of official state court reporters. (b) Each county or counties within a judicial district shall continue to bear the responsibility of providing, at the county's expense, each official court reporter with appropriate office space and operating expenses, when approved in advance by the quorum court. Acts 1997, No. 788, § 30; 1997, No. 1341, § 29.

(a) The state, rather than individual counties, shall bear the responsibility of funding the salaries and expenses of official state court reporters.

(b) Each county or counties within a judicial district shall continue to bear the responsibility of providing, at the county's expense, each official court reporter with appropriate office space and operating expenses, when approved in advance by the quorum court.

Acts 1997, No. 788, § 30; 1997, No. 1341, § 29.
Ark. Code Ann. § 16-66-116 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-116
Conveyances by commissioners
Status: in_force

(a) Real property may be conveyed by a commissioner appointed by the court when: (1) By the judgment in an action, a party is ordered to convey that property to another; or (2) That property has been sold under a judgment or order of the court and the purchase money paid. (b) The deed of the commissioner shall so refer to the judgment, orders, and proceedings authorizing the conveyance that the judgment, orders, and proceedings may be readily found. (c) It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed. However, the names of the parties whose title is conveyed shall be recited in the body of the conveyance. (d) The conveyance shall be recorded in the office in which, by law, it should have been recorded had it been made by the parties whose title is conveyed by it. (e) (1) A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land. (2) A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding. (f) After a conveyance is ordered or adjudged, it shall not be necessary to revive the action if any of the parties shall die, but the conveyance in pursuance of the judgment or order shall be effectual to pass the title, notwithstanding the death of any of the parties. Civil Code, §§ 428-435; C. & M. Dig., §§ 1507-1512; Pope's Dig., §§ 1816-1823; A.S.A. 1947, §§ 30-501 -- 30-508; Acts 1989, No. 197, § 1.

(a) Real property may be conveyed by a commissioner appointed by the court when: (1) By the judgment in an action, a party is ordered to convey that property to another; or (2) That property has been sold under a judgment or order of the court and the purchase money paid.

(1) By the judgment in an action, a party is ordered to convey that property to another; or

(2) That property has been sold under a judgment or order of the court and the purchase money paid.

(b) The deed of the commissioner shall so refer to the judgment, orders, and proceedings authorizing the conveyance that the judgment, orders, and proceedings may be readily found.

(c) It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed. However, the names of the parties whose title is conveyed shall be recited in the body of the conveyance.

(d) The conveyance shall be recorded in the office in which, by law, it should have been recorded had it been made by the parties whose title is conveyed by it.

(e) (1) A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land. (2) A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding.

(1) A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.

(2) A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding.

(f) After a conveyance is ordered or adjudged, it shall not be necessary to revive the action if any of the parties shall die, but the conveyance in pursuance of the judgment or order shall be effectual to pass the title, notwithstanding the death of any of the parties.

Civil Code, §§ 428-435; C. & M. Dig., §§ 1507-1512; Pope's Dig., §§ 1816-1823; A.S.A. 1947, §§ 30-501 -- 30-508; Acts 1989, No. 197, § 1.
Ark. Code Ann. § 16-20-105 — AR Code / Title 16 / Chapter 20 / Subchapter 1 / Section 16-20-105
Circuit Clerks Continuing Education Board
Status: in_force

(a) There is created the Circuit Clerks Continuing Education Board which shall be composed of the following seven (7) members: (1) Five (5) members of the Arkansas Circuit Clerks Association, designated by the Arkansas Circuit Clerks Association; (2) The Auditor of State or a person designated by him or her; and (3) One (1) member designated by the Association of Arkansas Counties. (b) (1) It shall be the responsibility of the board to establish a continuing education program for the circuit clerks of the various counties in the state. (2) The program shall be designed to better equip persons elected to serve as circuit clerks to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for circuit clerks. (c) It shall also be the responsibility of the board to disburse any funds made available to it from the Circuit Clerks Continuing Education Fund and to establish and maintain a continuing education program and a certification program for circuit clerks. Acts 1983, No. 914, §§ 1, 2; A.S.A. 1947, §§ 23-421, 23-422; Acts 1995, No. 986, § 1; 2009, No. 480, § 1.

(a) There is created the Circuit Clerks Continuing Education Board which shall be composed of the following seven (7) members: (1) Five (5) members of the Arkansas Circuit Clerks Association, designated by the Arkansas Circuit Clerks Association; (2) The Auditor of State or a person designated by him or her; and (3) One (1) member designated by the Association of Arkansas Counties.

(1) Five (5) members of the Arkansas Circuit Clerks Association, designated by the Arkansas Circuit Clerks Association;

(2) The Auditor of State or a person designated by him or her; and

(3) One (1) member designated by the Association of Arkansas Counties.

(b) (1) It shall be the responsibility of the board to establish a continuing education program for the circuit clerks of the various counties in the state. (2) The program shall be designed to better equip persons elected to serve as circuit clerks to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for circuit clerks.

(1) It shall be the responsibility of the board to establish a continuing education program for the circuit clerks of the various counties in the state.

(2) The program shall be designed to better equip persons elected to serve as circuit clerks to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for circuit clerks.

(c) It shall also be the responsibility of the board to disburse any funds made available to it from the Circuit Clerks Continuing Education Fund and to establish and maintain a continuing education program and a certification program for circuit clerks.

Acts 1983, No. 914, §§ 1, 2; A.S.A. 1947, §§ 23-421, 23-422; Acts 1995, No. 986, § 1; 2009, No. 480, § 1.
Ark. Code Ann. § 16-46-104 — AR Code / Title 16 / Chapter 46 / Subchapter 1 / Section 16-46-104
Investigations of attendance at places of public amusement
Status: in_force

(a) No person employed as a private or confidential investigator shall undertake to determine the attendance or number of paid admissions at a public place of amusement and entertainment without first displaying to the owner or manager of such place his license or credentials as such investigator and receiving acknowledgment thereof in writing and filing a written and signed copy of such investigation and attendance record with the owner or manager immediately after the showing so checked and receiving acknowledgment thereof in writing. (b) No evidence or testimony of any such investigator as to such admissions shall be admitted in any court in this state unless compliance with subsection (a) of this section is shown. (c) Blind checking, also known as spot or random checking, of those attending public places of amusement and entertainment is declared to be against the public policy of the State of Arkansas, and any data, figures, or statistics compiled as a result of blind checking shall not be admitted as evidence in any case at law or equity. Acts 1957, No. 294, §§ 1-3; A.S.A. 1947, §§ 28-714, 28-715.

(a) No person employed as a private or confidential investigator shall undertake to determine the attendance or number of paid admissions at a public place of amusement and entertainment without first displaying to the owner or manager of such place his license or credentials as such investigator and receiving acknowledgment thereof in writing and filing a written and signed copy of such investigation and attendance record with the owner or manager immediately after the showing so checked and receiving acknowledgment thereof in writing.

(b) No evidence or testimony of any such investigator as to such admissions shall be admitted in any court in this state unless compliance with subsection (a) of this section is shown.

(c) Blind checking, also known as spot or random checking, of those attending public places of amusement and entertainment is declared to be against the public policy of the State of Arkansas, and any data, figures, or statistics compiled as a result of blind checking shall not be admitted as evidence in any case at law or equity.

Acts 1957, No. 294, §§ 1-3; A.S.A. 1947, §§ 28-714, 28-715.
Ark. Code Ann. § 16-127-101 — AR Code / Title 16 / Chapter 127 / Section 16-127-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Stalker Liability Act". Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.

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

Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-117-209 — AR Code / Title 16 / Chapter 117 / Subchapter 2 / Section 16-117-209
Reports and accounts
Status: in_force

(a) (1) Receivers shall make report of their proceedings every six (6) months, or more often if required by the court. (2) The performance of this duty may be enforced by attachment, sequestration, or other proper and effectual means. (b) Receivers shall have credit for all taxes, expenses, attorney's fees, and necessary disbursements, in the execution of their trusts, and such reasonable and proper compensation for their own services as the court may allow, to be paid out of the trust fund as part of the costs and expenses. (c) (1) The court shall pass on their accounts. (2) A confirmation of the accounts shall be conclusive against all persons whatsoever and not subject to be reinvestigated, except for actual fraud. Acts 1857, § 11, p. 164; C. & M. Dig., § 8610; Pope's Dig., § 11188; A.S.A. 1947, § 36-111; Acts 2003, No. 1185, § 237.

(a) (1) Receivers shall make report of their proceedings every six (6) months, or more often if required by the court. (2) The performance of this duty may be enforced by attachment, sequestration, or other proper and effectual means.

(1) Receivers shall make report of their proceedings every six (6) months, or more often if required by the court.

(2) The performance of this duty may be enforced by attachment, sequestration, or other proper and effectual means.

(b) Receivers shall have credit for all taxes, expenses, attorney's fees, and necessary disbursements, in the execution of their trusts, and such reasonable and proper compensation for their own services as the court may allow, to be paid out of the trust fund as part of the costs and expenses.

(c) (1) The court shall pass on their accounts. (2) A confirmation of the accounts shall be conclusive against all persons whatsoever and not subject to be reinvestigated, except for actual fraud.

(1) The court shall pass on their accounts.

(2) A confirmation of the accounts shall be conclusive against all persons whatsoever and not subject to be reinvestigated, except for actual fraud.

Acts 1857, § 11, p. 164; C. & M. Dig., § 8610; Pope's Dig., § 11188; A.S.A. 1947, § 36-111; Acts 2003, No. 1185, § 237.
Ark. Code Ann. § 16-47-104 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-104
Attestation of acknowledgments
Status: in_force

(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer. (b) In all cases of deeds and conveyances proven or acknowledged outside the United States or its territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had. Rev. Stat., ch. 31, §§ 14, 15; C. & M. Dig., §§ 1517, 1518; Pope's Dig., §§ 1826, 1827; A.S.A. 1947, §§ 49-204, 49-205.

(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer.

(b) In all cases of deeds and conveyances proven or acknowledged outside the United States or its territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had.

Rev. Stat., ch. 31, §§ 14, 15; C. & M. Dig., §§ 1517, 1518; Pope's Dig., §§ 1826, 1827; A.S.A. 1947, §§ 49-204, 49-205.
Ark. Code Ann. § 16-123-327 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-327
Dismissal
Status: in_force

(a) If the Director of the Arkansas Fair Housing Commission determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall promptly dismiss the complaint. (b) The director shall disclose each dismissal under this section both to the public and to all affected parties. Acts 2001, No. 1785, § 28.

(a) If the Director of the Arkansas Fair Housing Commission determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall promptly dismiss the complaint.

(b) The director shall disclose each dismissal under this section both to the public and to all affected parties.

Acts 2001, No. 1785, § 28.
Ark. Code Ann. § 16-65-504 — AR Code / Title 16 / Chapter 65 / Subchapter 5 / Section 16-65-504
Revival of judgment against personal representatives, heirs, and devisees of deceased defendant
Status: in_force

(a) A judgment may be revived against the personal representatives, heirs, and devisees, or any of them, of a deceased defendant by an action in circuit court without verification of the complaint. (b) A judgment or decree may be revived against the representatives of any deceased defendant by scire facias in the name of: (1) The name of the surviving plaintiff; and (2) Those plaintiffs who are deceased. Rev. Stat., ch. 84, § 16; Civil Code, § 442; C. & M. Dig., §§ 6310, 6313; Pope's Dig., §§ 8265, 8268; A.S.A. 1947, §§ 29-612, 29-613; Acts 2003, No. 1185, § 198.

(a) A judgment may be revived against the personal representatives, heirs, and devisees, or any of them, of a deceased defendant by an action in circuit court without verification of the complaint.

(b) A judgment or decree may be revived against the representatives of any deceased defendant by scire facias in the name of: (1) The name of the surviving plaintiff; and (2) Those plaintiffs who are deceased.

(1) The name of the surviving plaintiff; and

(2) Those plaintiffs who are deceased.

Rev. Stat., ch. 84, § 16; Civil Code, § 442; C. & M. Dig., §§ 6310, 6313; Pope's Dig., §§ 8265, 8268; A.S.A. 1947, §§ 29-612, 29-613; Acts 2003, No. 1185, § 198.
Ark. Code Ann. § 16-90-702 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-702
Legislative intent
Status: in_force

It is the intent of the General Assembly to provide a method of compensating and assisting those persons within the state who are victims of criminal acts and who suffer personal injury or death. To this end, it is the further intent of the General Assembly to provide reparations, in the amount of expenses actually incurred as a direct result of the criminal acts of other persons up to a maximum amount of ten thousand dollars ($10,000). However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum amount shall not exceed twenty-five thousand dollars ($25,000). Acts 1987, No. 817, § 1; 1999, No. 1178, § 1.

It is the intent of the General Assembly to provide a method of compensating and assisting those persons within the state who are victims of criminal acts and who suffer personal injury or death. To this end, it is the further intent of the General Assembly to provide reparations, in the amount of expenses actually incurred as a direct result of the criminal acts of other persons up to a maximum amount of ten thousand dollars ($10,000). However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum amount shall not exceed twenty-five thousand dollars ($25,000).

Acts 1987, No. 817, § 1; 1999, No. 1178, § 1.
Ark. Code Ann. § 16-15-105 — AR Code / Title 16 / Chapter 15 / Section 16-15-105
Sessions
Status: in_force

(a) Each county court may, by rule or order, fix times and places when the court will be in session for the transaction of business; but such scheduled sittings of the court shall not preclude the transaction of business by the court at other times or places. (b) In counties having more than one (1) judicial district, the county court shall be concurrently in session in each district. Acts 1963, No. 214, §§ 4, 5; A.S.A. 1947, §§ 22-603.3, 22-603.4.

(a) Each county court may, by rule or order, fix times and places when the court will be in session for the transaction of business; but such scheduled sittings of the court shall not preclude the transaction of business by the court at other times or places.

(b) In counties having more than one (1) judicial district, the county court shall be concurrently in session in each district.

Acts 1963, No. 214, §§ 4, 5; A.S.A. 1947, §§ 22-603.3, 22-603.4.
Ark. Code Ann. § 16-46-308 — AR Code / Title 16 / Chapter 46 / Subchapter 3 / Section 16-46-308
Substitution of copies for original records
Status: in_force

In view of the property right of the hospital or physician's office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making the copies shall be borne by the party requesting the subpoena. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making the copies shall be borne by the party requesting the subpoena. Acts 1981, No. 255, § 8; A.S.A. 1947, § 28-943; Acts 2007, No. 662, § 5.

In view of the property right of the hospital or physician's office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making the copies shall be borne by the party requesting the subpoena. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making the copies shall be borne by the party requesting the subpoena.

Acts 1981, No. 255, § 8; A.S.A. 1947, § 28-943; Acts 2007, No. 662, § 5.
Ark. Code Ann. § 16-13-1007 — AR Code / Title 16 / Chapter 13 / Subchapter 10 / Section 16-13-1007
Additional judge - Staff
Status: in_force

There shall be provided for the judge of the circuit-chancery judgeship created by this subchapter a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state. Acts 1997, No. 403, § 3.

There shall be provided for the judge of the circuit-chancery judgeship created by this subchapter a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state.

Acts 1997, No. 403, § 3.
Ark. Code Ann. § 16-120-1201 — AR Code / Title 16 / Chapter 120 / Subchapter 12 / Section 16-120-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Property Owner's Right to Allow Firearms Act". Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Property Owner's Right to Allow Firearms Act".

Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-13-226 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-226
Installment payments by a criminal defendant in circuit court - Priority of payment
Status: in_force

(a) An installment payment by a criminal defendant to a circuit court shall initially be deemed to be a collection of court costs until the court costs have been collected in full, with any remaining installment payments representing collections of restitution, and then any applicable fines. (b) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due as ordered by the circuit court. (c) A municipal or county governing body that adopted municipal or county legislation before January 1, 2017, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed by the municipal or county governing body. Added by Act 2017, No. 885,§ 1, eff. 8/1/2017.

(a) An installment payment by a criminal defendant to a circuit court shall initially be deemed to be a collection of court costs until the court costs have been collected in full, with any remaining installment payments representing collections of restitution, and then any applicable fines.

(b) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due as ordered by the circuit court.

(c) A municipal or county governing body that adopted municipal or county legislation before January 1, 2017, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed by the municipal or county governing body.

Added by Act 2017, No. 885,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-85-301 — AR Code / Title 16 / Chapter 85 / Subchapter 3 / Section 16-85-301
Bill of particulars
Status: in_force

(a) The bill of particulars required by law in criminal cases shall state the action relied upon by the state in sufficient detail as required by an indictment prior to March 1, 1937, that is, with sufficient certainty to apprise the defendant of the specific crime with which charged, in order to enable him or her to prepare his or her defense. (b) A supplemental bill of particulars may be required upon order of the trial court if the bill of particulars filed by the prosecuting attorney is not sufficiently definite to apprise the defendant of the specific crime with which he or she is charged. (c) When a bill of particulars is filed with the clerk, a copy of it shall be furnished to the defendant upon his or her request. Acts 1937, No. 160, §§ 4, 5; Pope's Dig., §§ 3796, 3797; A.S.A. 1947, §§ 43-804, 43-805.

(a) The bill of particulars required by law in criminal cases shall state the action relied upon by the state in sufficient detail as required by an indictment prior to March 1, 1937, that is, with sufficient certainty to apprise the defendant of the specific crime with which charged, in order to enable him or her to prepare his or her defense.

(b) A supplemental bill of particulars may be required upon order of the trial court if the bill of particulars filed by the prosecuting attorney is not sufficiently definite to apprise the defendant of the specific crime with which he or she is charged.

(c) When a bill of particulars is filed with the clerk, a copy of it shall be furnished to the defendant upon his or her request.

Acts 1937, No. 160, §§ 4, 5; Pope's Dig., §§ 3796, 3797; A.S.A. 1947, §§ 43-804, 43-805.
Ark. Code Ann. § 16-20-305 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-305
Authority to remove records
Status: in_force

In case of danger from an invading enemy, the clerk may remove the records, papers, and other things belonging to his office to some secure place until the danger ceases. Rev. Stat., ch. 25, § 10; C. & M. Dig., § 1373; Pope's Dig., § 1634; A.S.A. 1947, § 23-308.

In case of danger from an invading enemy, the clerk may remove the records, papers, and other things belonging to his office to some secure place until the danger ceases.

Rev. Stat., ch. 25, § 10; C. & M. Dig., § 1373; Pope's Dig., § 1634; A.S.A. 1947, § 23-308.
Ark. Code Ann. § 16-111-107 — AR Code / Title 16 / Chapter 111 / Section 16-111-107
Review
Status: in_force

All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees. Acts 1953, No. 274, § 6; A.S.A. 1947, § 34-2506.

All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.

Acts 1953, No. 274, § 6; A.S.A. 1947, § 34-2506.
Ark. Code Ann. § 16-45-101 — AR Code / Title 16 / Chapter 45 / Section 16-45-101
Use of affidavits
Status: in_force

An affidavit may be read to verify a pleading; to prove the service of a summons, notice, or other process in an action; to obtain a provisional remedy, a stay of proceedings, or a warning order, upon a motion; and in any other case permitted by law. Civil Code, § 600; C. & M. Dig., § 4199; Pope's Dig., § 5210; A.S.A. 1947, § 28-201.

An affidavit may be read to verify a pleading; to prove the service of a summons, notice, or other process in an action; to obtain a provisional remedy, a stay of proceedings, or a warning order, upon a motion; and in any other case permitted by law.

Civil Code, § 600; C. & M. Dig., § 4199; Pope's Dig., § 5210; A.S.A. 1947, § 28-201.
Ark. Code Ann. § 16-81-107 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-107
Procedures of arrest
Status: in_force

(a) An arrest is made by placing the person of the defendant in restraint or by his or her submitting to the custody of the person making the arrest. (b) No unnecessary force or violence shall be used in making the arrest. (c) To make an arrest, a law enforcement officer may break open the door of a house in which the defendant may be after having demanded admittance and explained the purpose for which admittance is desired. (d) A law enforcement officer making an arrest may summon orally as many persons as he or she deems necessary to aid him or her in making the arrest, and all persons failing without reasonable excuse to obey the summons shall be guilty of Class C misdemeanors. (e) The person making the arrest shall: (1) Inform the person about to be arrested of the intention to arrest him or her and the offense for which he or she is to be arrested; and (2) If acting under a warrant of arrest, give information of the warrant and show the warrant if required. (f) The law enforcement officer making an arrest in obedience to a warrant shall proceed with the defendant as directed by the warrant. Crim. Code, §§ 36-40, 42; C. & M. Dig., §§ 2907-2912; Pope's Dig., §§ 3723-3728; A.S.A. 1947, §§ 43-412 -- 43-414, 43-415 -- 43-417; Acts 2005, No. 1994, § 412.

(a) An arrest is made by placing the person of the defendant in restraint or by his or her submitting to the custody of the person making the arrest.

(b) No unnecessary force or violence shall be used in making the arrest.

(c) To make an arrest, a law enforcement officer may break open the door of a house in which the defendant may be after having demanded admittance and explained the purpose for which admittance is desired.

(d) A law enforcement officer making an arrest may summon orally as many persons as he or she deems necessary to aid him or her in making the arrest, and all persons failing without reasonable excuse to obey the summons shall be guilty of Class C misdemeanors.

(e) The person making the arrest shall: (1) Inform the person about to be arrested of the intention to arrest him or her and the offense for which he or she is to be arrested; and (2) If acting under a warrant of arrest, give information of the warrant and show the warrant if required.

(1) Inform the person about to be arrested of the intention to arrest him or her and the offense for which he or she is to be arrested; and

(2) If acting under a warrant of arrest, give information of the warrant and show the warrant if required.

(f) The law enforcement officer making an arrest in obedience to a warrant shall proceed with the defendant as directed by the warrant.

Crim. Code, §§ 36-40, 42; C. & M. Dig., §§ 2907-2912; Pope's Dig., §§ 3723-3728; A.S.A. 1947, §§ 43-412 -- 43-414, 43-415 -- 43-417; Acts 2005, No. 1994, § 412.
Ark. Code Ann. § 16-123-206 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-206
Contractual provisions
Status: in_force

(a) A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void, except this section shall not prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, sex, disability, familial status, or national origin. (b) A person shall not insert in a written instrument relating to real property a provision that is void under this section or honor such a provision in the chain of title. (c) A person shall not threaten, intimidate, or interfere with persons in the enjoyment of their dwelling because of the race, color, national origin, sex, or familial status of such persons, or of visitors or associates of such persons. (d) A person shall not discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter. Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

(a) A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void, except this section shall not prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, sex, disability, familial status, or national origin.

(b) A person shall not insert in a written instrument relating to real property a provision that is void under this section or honor such a provision in the chain of title.

(c) A person shall not threaten, intimidate, or interfere with persons in the enjoyment of their dwelling because of the race, color, national origin, sex, or familial status of such persons, or of visitors or associates of such persons.

(d) A person shall not discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter.

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Ark. Code Ann. § 16-110-107 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-107
Bond
Status: in_force

(a) The order of attachment shall not be issued by the clerk until there has been executed in his or her office, by one (1) or more sufficient sureties of the plaintiff, a bond to the effect that the plaintiff shall pay to the defendant all damages which he or she may sustain by reason of the attachment if the order is wrongfully obtained. (b) The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff. If on the motion, the court is satisfied that the surety in the plaintiff's bond has removed from this state or is not sufficient for the amount thereof, it may vacate the order of attachment. The court may direct restitution of any property taken under it unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff. Civil Code, §§ 219, 258; C. & M. Dig., §§ 498, 548; Pope's Dig., §§ 535, 585; A.S.A. 1947, §§ 31-108, 31-109.

(a) The order of attachment shall not be issued by the clerk until there has been executed in his or her office, by one (1) or more sufficient sureties of the plaintiff, a bond to the effect that the plaintiff shall pay to the defendant all damages which he or she may sustain by reason of the attachment if the order is wrongfully obtained.

(b) The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff. If on the motion, the court is satisfied that the surety in the plaintiff's bond has removed from this state or is not sufficient for the amount thereof, it may vacate the order of attachment. The court may direct restitution of any property taken under it unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.

Civil Code, §§ 219, 258; C. & M. Dig., §§ 498, 548; Pope's Dig., §§ 535, 585; A.S.A. 1947, §§ 31-108, 31-109.
Ark. Code Ann. § 16-90-123 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-123
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1152,§ 10, eff. 7/22/2015. Added by Act 2013, No. 1157,§ 7, eff. 8/16/2013.

Repealed by Act 2015, No. 1152,§ 10, eff. 7/22/2015.

Added by Act 2013, No. 1157,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 16-84-111 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-111
Bail during trial
Status: in_force

(a) During the trial of an indictment for a misdemeanor, the defendant may remain on bail. (b) However, for a felony when a defendant is upon bail, he or she may remain upon bail or be kept in actual custody as the court may direct. If the defendant remains on bail, any surety's liability shall be exonerated unless the surety has agreed to remain as the surety until final judgment is rendered. Acts 1989, No. 417, § 5.

(a) During the trial of an indictment for a misdemeanor, the defendant may remain on bail.

(b) However, for a felony when a defendant is upon bail, he or she may remain upon bail or be kept in actual custody as the court may direct. If the defendant remains on bail, any surety's liability shall be exonerated unless the surety has agreed to remain as the surety until final judgment is rendered.

Acts 1989, No. 417, § 5.
Ark. Code Ann. § 16-111-105 — AR Code / Title 16 / Chapter 111 / Section 16-111-105
Enumeration not exclusive
Status: in_force

The enumeration in §§ 16-111-102 and 16-111-104 does not limit or restrict the exercise of the general powers conferred in § 16-111-101 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. Acts 1953, No. 274, § 4; A.S.A. 1947, § 34-2504.

The enumeration in §§ 16-111-102 and 16-111-104 does not limit or restrict the exercise of the general powers conferred in § 16-111-101 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

Acts 1953, No. 274, § 4; A.S.A. 1947, § 34-2504.
Ark. Code Ann. § 16-17-104 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-104
Law license requirement for district judges
Status: in_force

District judges shall have been licensed attorneys of this state for at least four (4) years immediately preceding the date of assuming office. Acts 1963, No. 538, § 1; 1967, No. 151, § 1; 1969, No. 51, § 1; 1981, No. 640, § 1; A.S.A. 1947, § 22-704.4; Acts 2003, No. 1185, § 105.

District judges shall have been licensed attorneys of this state for at least four (4) years immediately preceding the date of assuming office.

Acts 1963, No. 538, § 1; 1967, No. 151, § 1; 1969, No. 51, § 1; 1981, No. 640, § 1; A.S.A. 1947, § 22-704.4; Acts 2003, No. 1185, § 105.
Ark. Code Ann. § 16-66-219 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-219
Wedding rings exempt
Status: in_force

A person's wedding ring shall be exempt from attachment, execution, and seizure for satisfaction of debts. Acts 1989, No. 428, § 1.

A person's wedding ring shall be exempt from attachment, execution, and seizure for satisfaction of debts.

Acts 1989, No. 428, § 1.
Ark. Code Ann. § 16-45-105 — AR Code / Title 16 / Chapter 45 / Section 16-45-105
Production of affiant for cross-examination upon motion to discharge provisional remedy
Status: in_force

Where a provisional remedy is granted upon an affidavit and a motion is made to discharge or vacate the remedy, either before or after pleading to the cause, the party against whom the remedy is granted may, by written notice to the party by whom it was obtained or by an order or rule of the court, require the production of the person who made the affidavit for cross-examination. Thereupon, the party notified shall produce the affiant within ten (10) days before an officer authorized to take depositions, at a time and place of which he shall give the adverse party three (3) days' notice. If the affiant is not produced, his affidavit shall be suppressed. If the affiant is produced, he may be examined by either party. If on cross-examination the affidavit shall be shown to be false, then the provisional remedy shall be discharged. Civil Code, § 601; Acts 1895, No. 83, § 1, p. 111; C. & M. Dig., § 4201; Pope's Dig., § 5212; A.S.A. 1947, § 28-203.

Where a provisional remedy is granted upon an affidavit and a motion is made to discharge or vacate the remedy, either before or after pleading to the cause, the party against whom the remedy is granted may, by written notice to the party by whom it was obtained or by an order or rule of the court, require the production of the person who made the affidavit for cross-examination. Thereupon, the party notified shall produce the affiant within ten (10) days before an officer authorized to take depositions, at a time and place of which he shall give the adverse party three (3) days' notice. If the affiant is not produced, his affidavit shall be suppressed. If the affiant is produced, he may be examined by either party. If on cross-examination the affidavit shall be shown to be false, then the provisional remedy shall be discharged.

Civil Code, § 601; Acts 1895, No. 83, § 1, p. 111; C. & M. Dig., § 4201; Pope's Dig., § 5212; A.S.A. 1947, § 28-203.
Ark. Code Ann. § 16-110-116 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-116
Property removed from county
Status: in_force

If, after an order of attachment has been placed in the hands of the county sheriff or other officer, any property of the defendant is removed from the county, the county sheriff may pursue and attach the property in another county, within twenty-four (24) hours after removal. Civil Code, § 233; C. & M. Dig., § 513; Pope's Dig., § 550; A.S.A. 1947, § 31-123.

If, after an order of attachment has been placed in the hands of the county sheriff or other officer, any property of the defendant is removed from the county, the county sheriff may pursue and attach the property in another county, within twenty-four (24) hours after removal.

Civil Code, § 233; C. & M. Dig., § 513; Pope's Dig., § 550; A.S.A. 1947, § 31-123.
Ark. Code Ann. § 16-105-207 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-207
Hearings for temporary and permanent injunction - Bond - Notice
Status: in_force

(a) (1) In the proceedings, the circuit court, upon the presentation of a bill therefor alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases where the bill is filed by citizens and freeholders. (2) However, no bond shall be required when the bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance, and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court. (b) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. If a hearing is continued at the instance of defendant, the writ as prayed for shall be granted as a matter of course. (2) When the injunction has been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case. (3) Any violation thereof, by the defendant or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-203 . Acts 1915, No. 109, § 4; C. & M. Dig., § 6199; Pope's Dig., § 10921; A.S.A. 1947, § 34-104; Acts 2003, No. 1185, § 221.

(a) (1) In the proceedings, the circuit court, upon the presentation of a bill therefor alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases where the bill is filed by citizens and freeholders. (2) However, no bond shall be required when the bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance, and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.

(1) In the proceedings, the circuit court, upon the presentation of a bill therefor alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases where the bill is filed by citizens and freeholders.

(2) However, no bond shall be required when the bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance, and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.

(b) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. If a hearing is continued at the instance of defendant, the writ as prayed for shall be granted as a matter of course. (2) When the injunction has been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case. (3) Any violation thereof, by the defendant or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-203 .

(1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. If a hearing is continued at the instance of defendant, the writ as prayed for shall be granted as a matter of course.

(2) When the injunction has been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case.

(3) Any violation thereof, by the defendant or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-203 .

Acts 1915, No. 109, § 4; C. & M. Dig., § 6199; Pope's Dig., § 10921; A.S.A. 1947, § 34-104; Acts 2003, No. 1185, § 221.
Ark. Code Ann. § 16-11-109 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-109
Law clerks
Status: in_force

No person shall be employed as a law clerk by the Arkansas Supreme Court unless that person is a licensed attorney or a graduate of a law school approved by the State Board of Law Examiners. Acts 1961, No. 244, § 1; 1963, No. 6, § 1; A.S.A. 1947, § 22-241.

No person shall be employed as a law clerk by the Arkansas Supreme Court unless that person is a licensed attorney or a graduate of a law school approved by the State Board of Law Examiners.

Acts 1961, No. 244, § 1; 1963, No. 6, § 1; A.S.A. 1947, § 22-241.
Ark. Code Ann. § 16-21-2005 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2005
Prosecutor's assistants - Expenses
Status: in_force

(a) The deputy prosecuting attorney's office shall be entitled to an expense allowance for travel, telephone, and other related expenses from the county general fund in a minimum amount as follows: (1) Scott County ............... $ 1,500; (2) Logan County ............... $ 4,000; (3) Yell County ............... $ 2,000; and (4) Conway County ............... $14,025. (b) The chief deputy prosecuting attorney's office shall be entitled to an expense allowance for travel, telephone, and other related expenses from the county general fund in a minimum amount of two thousand three hundred five dollars ($2,305), payable from the county's general funds as follows: (1) Scott County ............... $550; (2) Logan County ............... $550; (3) Yell County ............... $500; and (4) Conway County ............... $705. (c) The investigator's office shall be entitled to an expense allowance for travel, telephone, and other related expenses from the county general fund in a minimum amount of three thousand nine hundred ten dollars ($3,910), payable from the county's general funds as follows: (1) Scott County ............... $ 800; (2) Logan County ............... $1,075; (3) Yell County ............... $ 960; and (4) Conway County ............... $1,075. Acts 1981, No. 298, § 1; A.S.A. 1947, § 24-114.11.

(a) The deputy prosecuting attorney's office shall be entitled to an expense allowance for travel, telephone, and other related expenses from the county general fund in a minimum amount as follows: (1) Scott County ............... $ 1,500; (2) Logan County ............... $ 4,000; (3) Yell County ............... $ 2,000; and (4) Conway County ............... $14,025.

(1) Scott County ............... $ 1,500;

(2) Logan County ............... $ 4,000;

(3) Yell County ............... $ 2,000; and

(4) Conway County ............... $14,025.

(b) The chief deputy prosecuting attorney's office shall be entitled to an expense allowance for travel, telephone, and other related expenses from the county general fund in a minimum amount of two thousand three hundred five dollars ($2,305), payable from the county's general funds as follows: (1) Scott County ............... $550; (2) Logan County ............... $550; (3) Yell County ............... $500; and (4) Conway County ............... $705.

(1) Scott County ............... $550;

(2) Logan County ............... $550;

(3) Yell County ............... $500; and

(4) Conway County ............... $705.

(c) The investigator's office shall be entitled to an expense allowance for travel, telephone, and other related expenses from the county general fund in a minimum amount of three thousand nine hundred ten dollars ($3,910), payable from the county's general funds as follows: (1) Scott County ............... $ 800; (2) Logan County ............... $1,075; (3) Yell County ............... $ 960; and (4) Conway County ............... $1,075.

(1) Scott County ............... $ 800;

(2) Logan County ............... $1,075;

(3) Yell County ............... $ 960; and

(4) Conway County ............... $1,075.

Acts 1981, No. 298, § 1; A.S.A. 1947, § 24-114.11.
Ark. Code Ann. § 16-32-101 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-101
Selection pursuant to act required - Waiver
Status: in_force

No person shall be summoned to serve as a grand or petit juror who has not been selected under the provisions of this act unless this requirement is waived by the parties. Acts 1969, No. 568, § 26; A.S.A. 1947, § 39-218.

No person shall be summoned to serve as a grand or petit juror who has not been selected under the provisions of this act unless this requirement is waived by the parties.

Acts 1969, No. 568, § 26; A.S.A. 1947, § 39-218.
Ark. Code Ann. § 16-56-114 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-114
Judgments and decrees
Status: in_force

Actions on all judgments and decrees shall be commenced within ten (10) years after cause of action shall accrue, and not afterward. Acts 1844, § 1, p. 24; C. & M. Dig., § 6959; Pope's Dig., § 8937; A.S.A. 1947, § 37-212.

Actions on all judgments and decrees shall be commenced within ten (10) years after cause of action shall accrue, and not afterward.

Acts 1844, § 1, p. 24; C. & M. Dig., § 6959; Pope's Dig., § 8937; A.S.A. 1947, § 37-212.
Ark. Code Ann. § 16-90-503 — AR Code / Title 16 / Chapter 90 / Subchapter 5 / Section 16-90-503
Certification of execution
Status: in_force

(a) The Director of the Division of Correction shall certify the fact of the execution of the condemned felon to the clerk of the court by which the sentence was pronounced, who shall file the certificate with the papers of the case and enter it upon the records of the case. (b) If the office of director is abolished, the duties devolving on him or her shall be performed by any other person selected by any board or commission having charge of the Division of Correction. Amended by Act 2019, No. 910,§ 875, eff. 7/1/2019. Acts 1913, No. 55, § 5; C. & M. Dig., § 3257; Pope's Dig., § 4102; A.S.A. 1947, § 43-2616.

(a) The Director of the Division of Correction shall certify the fact of the execution of the condemned felon to the clerk of the court by which the sentence was pronounced, who shall file the certificate with the papers of the case and enter it upon the records of the case.

(b) If the office of director is abolished, the duties devolving on him or her shall be performed by any other person selected by any board or commission having charge of the Division of Correction.

Amended by Act 2019, No. 910,§ 875, eff. 7/1/2019.

Acts 1913, No. 55, § 5; C. & M. Dig., § 3257; Pope's Dig., § 4102; A.S.A. 1947, § 43-2616.