Ark. Code Ann. § 16-90-309 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-309
Restitution for theft of public property
Status: in_force

(a) When any defendant is found guilty 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 court shall require the payment of restitution for the benefit of the state or the applicable political subdivision as part of the sentence. (b) The court shall set the amount of restitution based on reliable and probative evidence. Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant. (c) If payments are made by the Self-Insured Fidelity Bond Program to reimburse the state or political subdivision for losses incurred as a result of the actions of the defendant, the Self-Insured Fidelity Bond Program is entitled to receive priority to any restitution ordered and received by the court up to the amount paid by the Self-Insured Fidelity Bond Program to the state or political subdivision. (d) The Self-Insured Fidelity Bond Program is subrogated to any right of the state or political subdivision to the extent of any proceeds paid by the Self-Insured Fidelity Bond Program. (e) If restitution is allowed to be made over a period of time, the court shall also require the payment of interest on the amount of outstanding restitution. Interest shall begin to accrue from the date the court-ordered restitution is filed with the court clerk. The court shall determine the rate of interest to be assessed. (f) An order of restitution for the benefit of the state or any political subdivision pursuant to the provisions of this section and § 16-90-310 does not bar any civil remedy that may also be available under law. Acts 1993, No. 193, §§ 1, 2, 4; 1993, No. 520, §§ 1, 2, 4.

(a) When any defendant is found guilty 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 court shall require the payment of restitution for the benefit of the state or the applicable political subdivision as part of the sentence.

(b) The court shall set the amount of restitution based on reliable and probative evidence. Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.

(c) If payments are made by the Self-Insured Fidelity Bond Program to reimburse the state or political subdivision for losses incurred as a result of the actions of the defendant, the Self-Insured Fidelity Bond Program is entitled to receive priority to any restitution ordered and received by the court up to the amount paid by the Self-Insured Fidelity Bond Program to the state or political subdivision.

(d) The Self-Insured Fidelity Bond Program is subrogated to any right of the state or political subdivision to the extent of any proceeds paid by the Self-Insured Fidelity Bond Program.

(e) If restitution is allowed to be made over a period of time, the court shall also require the payment of interest on the amount of outstanding restitution. Interest shall begin to accrue from the date the court-ordered restitution is filed with the court clerk. The court shall determine the rate of interest to be assessed.

(f) An order of restitution for the benefit of the state or any political subdivision pursuant to the provisions of this section and § 16-90-310 does not bar any civil remedy that may also be available under law.

Acts 1993, No. 193, §§ 1, 2, 4; 1993, No. 520, §§ 1, 2, 4.
Ark. Code Ann. § 16-60-201 — AR Code / Title 16 / Chapter 60 / Subchapter 2 / Section 16-60-201
Motion - Notice
Status: in_force

(a) (1) Any party to a civil action to be tried by a jury may obtain an order for a change of venue therein by motion upon a petition stating that he or she verily believes that he or she cannot obtain a fair and impartial trial in the action in the county in which the action is pending, on account of the undue influence of his or her adversary, or of the undue prejudice against the petitioner or his or her cause of action or defense in the county. (2) The petition shall be signed by the party and verified as pleadings are required to be verified and shall be supported by the affidavits of at least two (2) credible persons to the effect that the affiants believe the statements of the petition are true. (3) When a corporation files the petition, the petition shall be supported by the affidavits of two (2) credible persons, neither of whom is directly or indirectly connected with the corporation in any capacity whatever, and neither of whom has been promised, nor shall receive, within twelve (12) months next preceding the signing of the petition, any benefit or favor from the corporation different from those received by every other citizen of the state or which every citizen is entitled to receive as a matter of right. (b) The motion shall be made before, and the order granted by, the judge of the circuit court of the county in which the action is pending in open court or in vacation. If the motion is made at any time or place except in open court, at the calling of the case, it shall be upon reasonable notice in writing to the adverse party or his or her attorney. (c) The party may make his or her petition and the affidavit supporting the petition apply to one (1) county in addition to the one in which the action is pending. (d) A change of venue shall not be granted in an action under § 16-60-104(1) or § 16-60-104(2) . (e) (1) A defendant in a civil action under § 16-60-104(3) may obtain an order for a change of venue by motion requesting a transfer to one (1) of the following counties: (A) Pulaski County; (B) Any county in which one (1) of the plaintiffs, or in the case of a certified class action, any member of the class, resides, conducts business, or maintains a principal place of business; or (C) If no plaintiff is a resident of Arkansas, any county in the state of Arkansas. (2) The venue of the civil action shall be changed upon a showing that the proposed transferee county is a proper venue as set forth in this subsection. Amended by Act 2017, No. 967,§ 2, eff. 4/5/2017. Acts 1875, No. 38, §§ 1, 2, p. 114; 1909, No. 192, § 1, p. 570; C. & M. Dig., §§ 10339, 10340; Pope's Dig., §§ 14340, 14341; A.S.A. 1947, §§ 27-701, 27-702.

(a) (1) Any party to a civil action to be tried by a jury may obtain an order for a change of venue therein by motion upon a petition stating that he or she verily believes that he or she cannot obtain a fair and impartial trial in the action in the county in which the action is pending, on account of the undue influence of his or her adversary, or of the undue prejudice against the petitioner or his or her cause of action or defense in the county. (2) The petition shall be signed by the party and verified as pleadings are required to be verified and shall be supported by the affidavits of at least two (2) credible persons to the effect that the affiants believe the statements of the petition are true. (3) When a corporation files the petition, the petition shall be supported by the affidavits of two (2) credible persons, neither of whom is directly or indirectly connected with the corporation in any capacity whatever, and neither of whom has been promised, nor shall receive, within twelve (12) months next preceding the signing of the petition, any benefit or favor from the corporation different from those received by every other citizen of the state or which every citizen is entitled to receive as a matter of right.

(1) Any party to a civil action to be tried by a jury may obtain an order for a change of venue therein by motion upon a petition stating that he or she verily believes that he or she cannot obtain a fair and impartial trial in the action in the county in which the action is pending, on account of the undue influence of his or her adversary, or of the undue prejudice against the petitioner or his or her cause of action or defense in the county.

(2) The petition shall be signed by the party and verified as pleadings are required to be verified and shall be supported by the affidavits of at least two (2) credible persons to the effect that the affiants believe the statements of the petition are true.

(3) When a corporation files the petition, the petition shall be supported by the affidavits of two (2) credible persons, neither of whom is directly or indirectly connected with the corporation in any capacity whatever, and neither of whom has been promised, nor shall receive, within twelve (12) months next preceding the signing of the petition, any benefit or favor from the corporation different from those received by every other citizen of the state or which every citizen is entitled to receive as a matter of right.

(b) The motion shall be made before, and the order granted by, the judge of the circuit court of the county in which the action is pending in open court or in vacation. If the motion is made at any time or place except in open court, at the calling of the case, it shall be upon reasonable notice in writing to the adverse party or his or her attorney.

(c) The party may make his or her petition and the affidavit supporting the petition apply to one (1) county in addition to the one in which the action is pending.

(d) A change of venue shall not be granted in an action under § 16-60-104(1) or § 16-60-104(2) .

(e) (1) A defendant in a civil action under § 16-60-104(3) may obtain an order for a change of venue by motion requesting a transfer to one (1) of the following counties: (A) Pulaski County; (B) Any county in which one (1) of the plaintiffs, or in the case of a certified class action, any member of the class, resides, conducts business, or maintains a principal place of business; or (C) If no plaintiff is a resident of Arkansas, any county in the state of Arkansas. (2) The venue of the civil action shall be changed upon a showing that the proposed transferee county is a proper venue as set forth in this subsection.

(1) A defendant in a civil action under § 16-60-104(3) may obtain an order for a change of venue by motion requesting a transfer to one (1) of the following counties: (A) Pulaski County; (B) Any county in which one (1) of the plaintiffs, or in the case of a certified class action, any member of the class, resides, conducts business, or maintains a principal place of business; or (C) If no plaintiff is a resident of Arkansas, any county in the state of Arkansas.

(A) Pulaski County;

(B) Any county in which one (1) of the plaintiffs, or in the case of a certified class action, any member of the class, resides, conducts business, or maintains a principal place of business; or

(C) If no plaintiff is a resident of Arkansas, any county in the state of Arkansas.

(2) The venue of the civil action shall be changed upon a showing that the proposed transferee county is a proper venue as set forth in this subsection.

Amended by Act 2017, No. 967,§ 2, eff. 4/5/2017.

Acts 1875, No. 38, §§ 1, 2, p. 114; 1909, No. 192, § 1, p. 570; C. & M. Dig., §§ 10339, 10340; Pope's Dig., §§ 14340, 14341; A.S.A. 1947, §§ 27-701, 27-702.
Ark. Code Ann. § 16-10-602 — AR Code / Title 16 / Chapter 10 / Subchapter 6 / Section 16-10-602
Establishment of city and county shares
Status: in_force

(a) Pursuant to §§ 16-10-307(c) and 16-10-308(c) , each town, city, and county may retain a portion of the uniform court costs and filing fees collected and deposited into the city or county administration of justice fund. (b) On or before the first day of October of each year, the Department of Finance and Administration shall certify in writing to each county and to each town or city which operates a district court the amount of money which may be retained during each month of the following calendar year by the town, city, or county. Acts 1997, No. 788, § 5; 1997, No. 1341, § 5; 2001, No. 1809, § 11; 2003, No. 1185, §§ 56, 57; 2007, No. 663, § 28.

(a) Pursuant to §§ 16-10-307(c) and 16-10-308(c) , each town, city, and county may retain a portion of the uniform court costs and filing fees collected and deposited into the city or county administration of justice fund.

(b) On or before the first day of October of each year, the Department of Finance and Administration shall certify in writing to each county and to each town or city which operates a district court the amount of money which may be retained during each month of the following calendar year by the town, city, or county.

Acts 1997, No. 788, § 5; 1997, No. 1341, § 5; 2001, No. 1809, § 11; 2003, No. 1185, §§ 56, 57; 2007, No. 663, § 28.
Ark. Code Ann. § 16-12-105 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-105
Chief Judge
Status: in_force

The Chief Justice of the Supreme Court shall designate one (1) of the judges of the Court of Appeals as Chief Judge of the Court of Appeals. The appointment as Chief Judge shall be for a four-year term, and the person so named shall be eligible for reappointment, subject to the discretion of the Chief Justice. Acts 1979, No. 208, § 5; A.S.A. 1947, § 22-1205.

The Chief Justice of the Supreme Court shall designate one (1) of the judges of the Court of Appeals as Chief Judge of the Court of Appeals. The appointment as Chief Judge shall be for a four-year term, and the person so named shall be eligible for reappointment, subject to the discretion of the Chief Justice.

Acts 1979, No. 208, § 5; A.S.A. 1947, § 22-1205.
Ark. Code Ann. § 16-123-314 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-314
Disability - Definition
Status: in_force

(a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of: (1) That buyer or renter; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) A person associated with that buyer or renter. (b) A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: (1) That person; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) A person associated with that person. (c) For purposes of this section only, "discrimination" includes: (1) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person with the disability if the modifications may be necessary to afford the person with the disability full enjoyment of the premises, except that an owner may: (A) Where reasonable to do so, reasonably condition permission for modifications upon the agreement of the person with the disability to restore the premises to its condition as it existed prior to modification, reasonable wear and tear excepted; and (B) Reasonably condition the permission on the person with a disability's providing to the owner a reasonable description of the proposed modifications and reasonable assurance that all work will be done in a professional manner, all required permits for the work timely obtained, and all work timely paid for; (2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including public and common use areas; and (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after February 1, 2004, a failure to design and construct those dwellings in a manner that: (A) Makes the public use and common use portions of the dwellings readily accessible to and usable by persons with a disability; (B) Makes all the doors designed to allow passage into and within all premises within the dwellings sufficiently wide to allow passage by persons in wheelchairs; and (C) Makes all premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling; (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installations of grab bars; and (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (d) Compliance with the appropriate requirements of the American National Standards Institute, as in effect January 1, 2001, for buildings and facilities providing accessibility and usability for persons with a physical disability, commonly cited as ANSI A 117.1, suffices to satisfy the requirements of subdivision (c)(3) of this section. (e) As used in subdivision (c)(3) of this section, "covered multifamily dwellings" means: (1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and (2) Ground floor units in other buildings consisting of four (4) or more units. (f) Nothing in this subchapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. Acts 2001, No. 1785, § 15.

(a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of: (1) That buyer or renter; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) A person associated with that buyer or renter.

(1) That buyer or renter;

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) A person associated with that buyer or renter.

(b) A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: (1) That person; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) A person associated with that person.

(1) That person;

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) A person associated with that person.

(c) For purposes of this section only, "discrimination" includes: (1) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person with the disability if the modifications may be necessary to afford the person with the disability full enjoyment of the premises, except that an owner may: (A) Where reasonable to do so, reasonably condition permission for modifications upon the agreement of the person with the disability to restore the premises to its condition as it existed prior to modification, reasonable wear and tear excepted; and (B) Reasonably condition the permission on the person with a disability's providing to the owner a reasonable description of the proposed modifications and reasonable assurance that all work will be done in a professional manner, all required permits for the work timely obtained, and all work timely paid for; (2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including public and common use areas; and (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after February 1, 2004, a failure to design and construct those dwellings in a manner that: (A) Makes the public use and common use portions of the dwellings readily accessible to and usable by persons with a disability; (B) Makes all the doors designed to allow passage into and within all premises within the dwellings sufficiently wide to allow passage by persons in wheelchairs; and (C) Makes all premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling; (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installations of grab bars; and (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(1) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person with the disability if the modifications may be necessary to afford the person with the disability full enjoyment of the premises, except that an owner may: (A) Where reasonable to do so, reasonably condition permission for modifications upon the agreement of the person with the disability to restore the premises to its condition as it existed prior to modification, reasonable wear and tear excepted; and (B) Reasonably condition the permission on the person with a disability's providing to the owner a reasonable description of the proposed modifications and reasonable assurance that all work will be done in a professional manner, all required permits for the work timely obtained, and all work timely paid for;

(A) Where reasonable to do so, reasonably condition permission for modifications upon the agreement of the person with the disability to restore the premises to its condition as it existed prior to modification, reasonable wear and tear excepted; and

(B) Reasonably condition the permission on the person with a disability's providing to the owner a reasonable description of the proposed modifications and reasonable assurance that all work will be done in a professional manner, all required permits for the work timely obtained, and all work timely paid for;

(2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including public and common use areas; and

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after February 1, 2004, a failure to design and construct those dwellings in a manner that: (A) Makes the public use and common use portions of the dwellings readily accessible to and usable by persons with a disability; (B) Makes all the doors designed to allow passage into and within all premises within the dwellings sufficiently wide to allow passage by persons in wheelchairs; and (C) Makes all premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling; (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installations of grab bars; and (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(A) Makes the public use and common use portions of the dwellings readily accessible to and usable by persons with a disability;

(B) Makes all the doors designed to allow passage into and within all premises within the dwellings sufficiently wide to allow passage by persons in wheelchairs; and

(C) Makes all premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling; (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installations of grab bars; and (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(i) An accessible route into and through the dwelling;

(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii) Reinforcements in bathroom walls to allow later installations of grab bars; and

(iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(d) Compliance with the appropriate requirements of the American National Standards Institute, as in effect January 1, 2001, for buildings and facilities providing accessibility and usability for persons with a physical disability, commonly cited as ANSI A 117.1, suffices to satisfy the requirements of subdivision (c)(3) of this section.

(e) As used in subdivision (c)(3) of this section, "covered multifamily dwellings" means: (1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and (2) Ground floor units in other buildings consisting of four (4) or more units.

(1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and

(2) Ground floor units in other buildings consisting of four (4) or more units.

(f) Nothing in this subchapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

Acts 2001, No. 1785, § 15.
Ark. Code Ann. § 16-46-101 — AR Code / Title 16 / Chapter 46 / Subchapter 1 / Section 16-46-101
Recordation of certain certified copies - Photographic copies of business and public records
Status: in_force

(a) (1) The clerk of any court of record may record any certified copy of any instrument by attaching the certified copy to his or her record book so as to make the copy be and become a part of the record to the extent that the copy cannot be detached, and the copy shall be legally recorded when the attachment has been made by the clerk. This subdivision (a)(1) shall apply to plats, blueprints, and photostatic copies only. (2) (A) The county recorders, municipal clerks and recorders, clerks of courts of record, and any public officers whose duty it is to make public records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, optical disc, or other process which accurately reproduces or forms a durable medium for reproducing the original when provided with equipment necessary for such method of recording. (B) When any document is recorded by the means prescribed by subdivision (a)(2)(A) of this section, the original may be destroyed unless the document is over fifty (50) years old and handwritten or its preservation is otherwise required by law. (b) (1) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. (2) The reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not. (3) An enlargement or facsimile of the reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. (4) The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. Acts 1929, No. 189, § 5; Pope's Dig., § 5669; 1953, No. 64, § 1; 1963, No. 235, § 1; A.S.A. 1947, §§ 16-117, 28-932; Acts 1993, No. 1150, § 1; 1995, No. 454, § 1; 1995, No. 566, § 1; 1997, No. 636, § 1.

(a) (1) The clerk of any court of record may record any certified copy of any instrument by attaching the certified copy to his or her record book so as to make the copy be and become a part of the record to the extent that the copy cannot be detached, and the copy shall be legally recorded when the attachment has been made by the clerk. This subdivision (a)(1) shall apply to plats, blueprints, and photostatic copies only. (2) (A) The county recorders, municipal clerks and recorders, clerks of courts of record, and any public officers whose duty it is to make public records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, optical disc, or other process which accurately reproduces or forms a durable medium for reproducing the original when provided with equipment necessary for such method of recording. (B) When any document is recorded by the means prescribed by subdivision (a)(2)(A) of this section, the original may be destroyed unless the document is over fifty (50) years old and handwritten or its preservation is otherwise required by law.

(1) The clerk of any court of record may record any certified copy of any instrument by attaching the certified copy to his or her record book so as to make the copy be and become a part of the record to the extent that the copy cannot be detached, and the copy shall be legally recorded when the attachment has been made by the clerk. This subdivision (a)(1) shall apply to plats, blueprints, and photostatic copies only.

(2) (A) The county recorders, municipal clerks and recorders, clerks of courts of record, and any public officers whose duty it is to make public records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, optical disc, or other process which accurately reproduces or forms a durable medium for reproducing the original when provided with equipment necessary for such method of recording. (B) When any document is recorded by the means prescribed by subdivision (a)(2)(A) of this section, the original may be destroyed unless the document is over fifty (50) years old and handwritten or its preservation is otherwise required by law.

(A) The county recorders, municipal clerks and recorders, clerks of courts of record, and any public officers whose duty it is to make public records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, optical disc, or other process which accurately reproduces or forms a durable medium for reproducing the original when provided with equipment necessary for such method of recording.

(B) When any document is recorded by the means prescribed by subdivision (a)(2)(A) of this section, the original may be destroyed unless the document is over fifty (50) years old and handwritten or its preservation is otherwise required by law.

(b) (1) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. (2) The reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not. (3) An enlargement or facsimile of the reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. (4) The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.

(1) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law.

(2) The reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not.

(3) An enlargement or facsimile of the reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court.

(4) The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.

Acts 1929, No. 189, § 5; Pope's Dig., § 5669; 1953, No. 64, § 1; 1963, No. 235, § 1; A.S.A. 1947, §§ 16-117, 28-932; Acts 1993, No. 1150, § 1; 1995, No. 454, § 1; 1995, No. 566, § 1; 1997, No. 636, § 1.
Ark. Code Ann. § 16-99-104 — AR Code / Title 16 / Chapter 99 / Section 16-99-104
Implementation
Status: in_force

The Board of Corrections shall: (1) Establish rules for counties, multicounty partnerships, or judicial districts to apply for funds under this subchapter; (2) Calculate and determine the baseline for the Division of Community Correction's revocation rate and for the Division of Correction's commitments' length of stay for evaluation purposes; and (3) Calculate the averted costs to determine the amount to redirect to successful applicants who qualify for funds awarded under the performance incentive funding program. Amended by Act 2019, No. 315,§ 1319, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 959, eff. 7/1/2019. Acts 2011, No. 570, § 117.

The Board of Corrections shall:

(1) Establish rules for counties, multicounty partnerships, or judicial districts to apply for funds under this subchapter;

(2) Calculate and determine the baseline for the Division of Community Correction's revocation rate and for the Division of Correction's commitments' length of stay for evaluation purposes; and

(3) Calculate the averted costs to determine the amount to redirect to successful applicants who qualify for funds awarded under the performance incentive funding program.

Amended by Act 2019, No. 315,§ 1319, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 959, eff. 7/1/2019.

Acts 2011, No. 570, § 117.
Ark. Code Ann. § 16-44-202 — AR Code / Title 16 / Chapter 44 / Subchapter 2 / Section 16-44-202
Deposing witnesses upon showing of inability to attend trial - Use of depositions
Status: in_force

(a) If it appears that a prospective witness may be unable to attend or be prevented from attending a trial or hearing, that his or her testimony is material, and that it is necessary to take his or her deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may order, upon motion of either party and notice to the parties, that his or her testimony be taken by deposition and that any designated books, papers, documents, or tangible objects not privileged be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his or her deposition be taken. After the deposition has been subscribed, the court may discharge the witness. (b) If a defendant is without counsel, the court shall advise him or her of the right provided for in subsection (a) of this section and assign counsel to represent him or her unless the defendant elects to proceed without counsel or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of travel and subsistence of the defendant's attorney for attendance at the examination shall be paid by the state. (c) A deposition shall be taken in the manner provided in civil actions. The court at the request of either party may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. (d) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears: (1) That the witness is dead; (2) That the witness is out of the State of Arkansas unless it appears that the absence of the witness was procured by the party offering the deposition; (3) That the witness is unable to attend or testify because of sickness or infirmity; or (4) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him or her to offer all of it which is relevant to the part offered and any party may offer other parts. (e) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions. (f) This section shall be applicable to city, district, and circuit courts of this state. Acts 1971, No. 381, §§ 1, 4; 1979, No. 1022, § 2; A.S.A. 1947, §§ 43-2011.1, 43-2011.4; Acts 2003, No. 1185, §§ 184, 185.

(a) If it appears that a prospective witness may be unable to attend or be prevented from attending a trial or hearing, that his or her testimony is material, and that it is necessary to take his or her deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may order, upon motion of either party and notice to the parties, that his or her testimony be taken by deposition and that any designated books, papers, documents, or tangible objects not privileged be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his or her deposition be taken. After the deposition has been subscribed, the court may discharge the witness.

(b) If a defendant is without counsel, the court shall advise him or her of the right provided for in subsection (a) of this section and assign counsel to represent him or her unless the defendant elects to proceed without counsel or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of travel and subsistence of the defendant's attorney for attendance at the examination shall be paid by the state.

(c) A deposition shall be taken in the manner provided in civil actions. The court at the request of either party may direct that a deposition be taken on written interrogatories in the manner provided in civil actions.

(d) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears: (1) That the witness is dead; (2) That the witness is out of the State of Arkansas unless it appears that the absence of the witness was procured by the party offering the deposition; (3) That the witness is unable to attend or testify because of sickness or infirmity; or (4) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him or her to offer all of it which is relevant to the part offered and any party may offer other parts.

(1) That the witness is dead;

(2) That the witness is out of the State of Arkansas unless it appears that the absence of the witness was procured by the party offering the deposition;

(3) That the witness is unable to attend or testify because of sickness or infirmity; or

(4) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him or her to offer all of it which is relevant to the part offered and any party may offer other parts.

(e) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.

(f) This section shall be applicable to city, district, and circuit courts of this state.

Acts 1971, No. 381, §§ 1, 4; 1979, No. 1022, § 2; A.S.A. 1947, §§ 43-2011.1, 43-2011.4; Acts 2003, No. 1185, §§ 184, 185.
Ark. Code Ann. § 16-108-230 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-230
Relationship to Electronic Signatures in Global and National Commerce Act
Status: in_force

The provisions of this subchapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act. Acts 2011, No. 695, § 1.

The provisions of this subchapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-87-302 — AR Code / Title 16 / Chapter 87 / Subchapter 3 / Section 16-87-302
Funding of public defenders
Status: in_force

(a) The Arkansas Public Defender Commission shall be responsible for the payment of the following: (1) The salaries of public defenders; (2) The salaries of secretaries and other support staff of the public defender's office; and (3) The payment of the costs of certain expenses, as authorized by § 16-87-212 . (b) Each county or counties within a judicial district shall be responsible for the payment of the following: (1) (A) The cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defender's office. (B) Funding for these expenditures may be from: (i) A county administration of justice fund; (ii) A county's general fund; (iii) A county's public defender fund; (iv) A county's indigent defense fund; (v) A county's public defender investigator fund; or (vi) Any other fund authorized by law for that purpose. (C) These expenditures shall comply with an itemized, line-item budget appropriated by the quorum court; and (2) The compensation of additional personnel within the office of the public defender, when approved in advance by the quorum court. Acts 1997, No. 788, § 12; 1997, No. 1341, § 12; 2001, No. 1799, § 8; 2011, No. 1201, § 1.

(a) The Arkansas Public Defender Commission shall be responsible for the payment of the following: (1) The salaries of public defenders; (2) The salaries of secretaries and other support staff of the public defender's office; and (3) The payment of the costs of certain expenses, as authorized by § 16-87-212 .

(1) The salaries of public defenders;

(2) The salaries of secretaries and other support staff of the public defender's office; and

(3) The payment of the costs of certain expenses, as authorized by § 16-87-212 .

(b) Each county or counties within a judicial district shall be responsible for the payment of the following: (1) (A) The cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defender's office. (B) Funding for these expenditures may be from: (i) A county administration of justice fund; (ii) A county's general fund; (iii) A county's public defender fund; (iv) A county's indigent defense fund; (v) A county's public defender investigator fund; or (vi) Any other fund authorized by law for that purpose. (C) These expenditures shall comply with an itemized, line-item budget appropriated by the quorum court; and (2) The compensation of additional personnel within the office of the public defender, when approved in advance by the quorum court.

(1) (A) The cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defender's office. (B) Funding for these expenditures may be from: (i) A county administration of justice fund; (ii) A county's general fund; (iii) A county's public defender fund; (iv) A county's indigent defense fund; (v) A county's public defender investigator fund; or (vi) Any other fund authorized by law for that purpose. (C) These expenditures shall comply with an itemized, line-item budget appropriated by the quorum court; and

(A) The cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defender's office.

(B) Funding for these expenditures may be from: (i) A county administration of justice fund; (ii) A county's general fund; (iii) A county's public defender fund; (iv) A county's indigent defense fund; (v) A county's public defender investigator fund; or (vi) Any other fund authorized by law for that purpose.

(i) A county administration of justice fund;

(ii) A county's general fund;

(iii) A county's public defender fund;

(iv) A county's indigent defense fund;

(v) A county's public defender investigator fund; or

(vi) Any other fund authorized by law for that purpose.

(C) These expenditures shall comply with an itemized, line-item budget appropriated by the quorum court; and

(2) The compensation of additional personnel within the office of the public defender, when approved in advance by the quorum court.

Acts 1997, No. 788, § 12; 1997, No. 1341, § 12; 2001, No. 1799, § 8; 2011, No. 1201, § 1.
Ark. Code Ann. § 16-13-2101 — AR Code / Title 16 / Chapter 13 / Subchapter 21 / Section 16-13-2101
Composition
Status: in_force

The Thirteenth Judicial District shall be composed of the counties of Calhoun, Cleveland, Columbia, Dallas, Ouachita, and Union. Acts 1977, No. 432, § 1; 1983, No. 922, § 16; A.S.A. 1947, § 22-365.

The Thirteenth Judicial District shall be composed of the counties of Calhoun, Cleveland, Columbia, Dallas, Ouachita, and Union.

Acts 1977, No. 432, § 1; 1983, No. 922, § 16; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-90-112 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-112
Fixing of punishment - Removal from certain offices - Exclusion of suffrage
Status: in_force

(a) Where judges of the probate division of circuit court, justices of the peace, county sheriffs, county coroners, county surveyors, jailers, county assessors, prosecuting attorneys, constables, city or police judges, clerks, and marshals shall be convicted upon an indictment for malfeasance or misfeasance in office, for willful neglect in the discharge of their official duties, or for any offense which by statute law or the Arkansas Constitution creates a forfeiture of their offices, the court shall render a judgment of removal from office in addition to the other penalties and punishment prescribed by law. (b) Every person convicted of bribery or felony shall be excluded from every office of trust or profit and from the right of suffrage in this state. Rev. Stat., ch. 44, div. 4, art. 11, § 8; Crim. Code, § 287; C. & M. Dig., §§ 3246, 3247; Pope's Dig., §§ 4091, 4092; A.S.A. 1947, §§ 43-2318, 43-2319.

(a) Where judges of the probate division of circuit court, justices of the peace, county sheriffs, county coroners, county surveyors, jailers, county assessors, prosecuting attorneys, constables, city or police judges, clerks, and marshals shall be convicted upon an indictment for malfeasance or misfeasance in office, for willful neglect in the discharge of their official duties, or for any offense which by statute law or the Arkansas Constitution creates a forfeiture of their offices, the court shall render a judgment of removal from office in addition to the other penalties and punishment prescribed by law.

(b) Every person convicted of bribery or felony shall be excluded from every office of trust or profit and from the right of suffrage in this state.

Rev. Stat., ch. 44, div. 4, art. 11, § 8; Crim. Code, § 287; C. & M. Dig., §§ 3246, 3247; Pope's Dig., §§ 4091, 4092; A.S.A. 1947, §§ 43-2318, 43-2319.
Ark. Code Ann. § 16-85-409 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-409
Recording
Status: in_force

(a) It shall be the duty of the clerks of the circuit courts of this state, whenever an arrest has been made of any person against whom an indictment has been found by the grand jury, properly returned, to record the indictment, with the entries thereon, in a book to be kept by him or her for that purpose. (b) In all cases where an indictment may be lost or destroyed, or where the indictment cannot be found, a copy of the record thereof, as provided in subsection (a) of this section, duly certified by the clerk under his or her hand and the seal of the court, shall be taken and used for all purposes in any of the courts of this state the same as the original indictment. Acts 1881, No. 58, §§ 1, 2, p. 106; C. & M. Dig., §§ 3034, 3035; Pope's Dig., §§ 3858, 3859; A.S.A. 1947, §§ 43-1029, 43-1030.

(a) It shall be the duty of the clerks of the circuit courts of this state, whenever an arrest has been made of any person against whom an indictment has been found by the grand jury, properly returned, to record the indictment, with the entries thereon, in a book to be kept by him or her for that purpose.

(b) In all cases where an indictment may be lost or destroyed, or where the indictment cannot be found, a copy of the record thereof, as provided in subsection (a) of this section, duly certified by the clerk under his or her hand and the seal of the court, shall be taken and used for all purposes in any of the courts of this state the same as the original indictment.

Acts 1881, No. 58, §§ 1, 2, p. 106; C. & M. Dig., §§ 3034, 3035; Pope's Dig., §§ 3858, 3859; A.S.A. 1947, §§ 43-1029, 43-1030.
Ark. Code Ann. § 16-116-302 — AR Code / Title 16 / Chapter 116 / Subchapter 3 / Section 16-116-302
Limitations on actions - Award of fees
Status: in_force

(a) A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm, a nonpowder gun, or ammunition unless the action alleges that the physical or emotional injury, physical damage, or death was caused by the intentional or negligent discharge of a firearm, a nonpowder gun, or ammunition by the manufacturer, importer, or dealer. (b) A firearm, a nonpowder gun, or ammunition manufacturer, importer, or dealer shall not be held liable as a third party for the actions of another person involving the use of a firearm, a nonpowder gun, or ammunition in any cause of action. (c) (1) The court, upon the filing of a proper motion, shall dismiss any action brought against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer, which the court determines is prohibited under subsection (a) or subsection (b) of this section. (2) Upon dismissal under this subsection, the court shall award reasonable attorney's fees, in addition to costs, to each named defendant against whom the cause of action is dismissed. (d) (1) Notwithstanding subsection (a) of this section, a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state law or rule or federal law or regulation. (2) In any action brought under this subsection, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state law or rule or federal law or regulation. Amended by Act 2019, No. 315,§ 1321, eff. 7/24/2019. Acts 2003, No. 935, § 2.

(a) A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm, a nonpowder gun, or ammunition unless the action alleges that the physical or emotional injury, physical damage, or death was caused by the intentional or negligent discharge of a firearm, a nonpowder gun, or ammunition by the manufacturer, importer, or dealer.

(b) A firearm, a nonpowder gun, or ammunition manufacturer, importer, or dealer shall not be held liable as a third party for the actions of another person involving the use of a firearm, a nonpowder gun, or ammunition in any cause of action.

(c) (1) The court, upon the filing of a proper motion, shall dismiss any action brought against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer, which the court determines is prohibited under subsection (a) or subsection (b) of this section. (2) Upon dismissal under this subsection, the court shall award reasonable attorney's fees, in addition to costs, to each named defendant against whom the cause of action is dismissed.

(1) The court, upon the filing of a proper motion, shall dismiss any action brought against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer, which the court determines is prohibited under subsection (a) or subsection (b) of this section.

(2) Upon dismissal under this subsection, the court shall award reasonable attorney's fees, in addition to costs, to each named defendant against whom the cause of action is dismissed.

(d) (1) Notwithstanding subsection (a) of this section, a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state law or rule or federal law or regulation. (2) In any action brought under this subsection, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state law or rule or federal law or regulation.

(1) Notwithstanding subsection (a) of this section, a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state law or rule or federal law or regulation.

(2) In any action brought under this subsection, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state law or rule or federal law or regulation.

Amended by Act 2019, No. 315,§ 1321, eff. 7/24/2019.

Acts 2003, No. 935, § 2.
Ark. Code Ann. § 16-34-103 — AR Code / Title 16 / Chapter 34 / Section 16-34-103
Per diem compensation for jurors and prospective jurors
Status: in_force

(a) Any person who receives official notice that he or she has been selected as a prospective juror or who is chosen as a juror is eligible to receive per diem compensation for service if: (1) The person actually appears at the location to which the juror or prospective juror was summoned; and (2) The person's appearance is duly noted by the circuit clerk. (b) (1) The per diem compensation payable to any person who is eligible for payment under subsection (a) of this section and who is selected and seated to serve as a member of a grand jury or petit jury is fifty dollars ($50.00) per day. (2) Any person who is eligible for payment under subsection (a) of this section and who is excused or otherwise not selected and seated as a member of a grand jury or petit jury shall be provided per diem compensation of not less than fifteen dollars ($15.00) as established by ordinance of the county quorum court. Acts 1953, No. 46, § 2; 1977, No. 320, § 1; A.S.A. 1947, § 39-301; Acts 1999, No. 629, § 1; 2007, No. 1033, § 2.

(a) Any person who receives official notice that he or she has been selected as a prospective juror or who is chosen as a juror is eligible to receive per diem compensation for service if: (1) The person actually appears at the location to which the juror or prospective juror was summoned; and (2) The person's appearance is duly noted by the circuit clerk.

(1) The person actually appears at the location to which the juror or prospective juror was summoned; and

(2) The person's appearance is duly noted by the circuit clerk.

(b) (1) The per diem compensation payable to any person who is eligible for payment under subsection (a) of this section and who is selected and seated to serve as a member of a grand jury or petit jury is fifty dollars ($50.00) per day. (2) Any person who is eligible for payment under subsection (a) of this section and who is excused or otherwise not selected and seated as a member of a grand jury or petit jury shall be provided per diem compensation of not less than fifteen dollars ($15.00) as established by ordinance of the county quorum court.

(1) The per diem compensation payable to any person who is eligible for payment under subsection (a) of this section and who is selected and seated to serve as a member of a grand jury or petit jury is fifty dollars ($50.00) per day.

(2) Any person who is eligible for payment under subsection (a) of this section and who is excused or otherwise not selected and seated as a member of a grand jury or petit jury shall be provided per diem compensation of not less than fifteen dollars ($15.00) as established by ordinance of the county quorum court.

Acts 1953, No. 46, § 2; 1977, No. 320, § 1; A.S.A. 1947, § 39-301; Acts 1999, No. 629, § 1; 2007, No. 1033, § 2.
Ark. Code Ann. § 16-81-402 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-402
Purpose
Status: in_force

The purpose of this subchapter is to prevent criminals from utilizing state lines to handicap our police in their apprehension. Acts 1951, No. 211, § 2; A.S.A. 1947, § 43-512.

The purpose of this subchapter is to prevent criminals from utilizing state lines to handicap our police in their apprehension.

Acts 1951, No. 211, § 2; A.S.A. 1947, § 43-512.
Ark. Code Ann. § 16-119-107 — AR Code / Title 16 / Chapter 119 / Section 16-119-107
Restoration of marriage records
Status: in_force

(a) (1) In cases where any marriage has been legally solemnized in any county, and the certificate of marriage required by law to be filed in the office of the recorder for the county, together with the record thereof, has been lost, destroyed, or burned, it shall be the duty of the person who solemnized the marriage, at the request and on the demand of either of the parties between whom the marriage was solemnized, to furnish him, her, or them, under his or her hand, a certificate of marriage. (2) The certificate, in addition to setting forth the date of the marriage and the names, ages, and residences of the parties at the time the marriage ceremony was performed between them and that he or she performed the marriage ceremony between them, shall also set forth in what capacity the person granting the certificate acted, whether as a judge, justice of the peace, minister, priest, or otherwise, at the time of the solemnization of the marriage, and that the original certificate of the marriage was made out by him or her and duly filed in the office of the clerk and recorder for the county, as required by law. (3) The person so receiving the certificate may, within ninety (90) days after procuring the certificate from the person who solemnized the marriage, file the certificate in the office of the clerk and recorder of the county, whose duty it shall be to record the certificate in his or her record of marriage certificates. (4) The certificate shall relate back and have full force and effect from the date of the solemnization of such marriage. (b) (1) In case the person who solemnized the marriage has died or resides beyond the limits of this state so that the certificate cannot be obtained, then the parties between whom the marriage was originally solemnized, or the one surviving if either be dead, or their heirs, by their guardian, in case both the parties are dead, wishing to reinstate the record of the marriage may file their petition in the office of the clerk of the county court setting forth therein the substance of the original marriage certificate or the time when and the person by whom the marriage was performed, in what capacity the person acted, whether as judge, justice of the peace, minister, or priest, and that the certificate, with the record thereof, was lost, destroyed, or burned. (2) Upon hearing the petition, if the county court is advised of the truth of the matters contained in the petition, it shall decree that the marriage record be reinstated upon the records of the recorder's office, and the clerk of the court shall certify a copy of the petition and decree down to the recorder, who shall record them. (3) The marriage record shall relate back and have the same force and effect from the time when the marriage ceremony was first performed as though the original record had never been lost, destroyed, or burned. (4) No such decree shall be made or rendered by the county court unless: (A) The petition has been filed in the office of the clerk of the county court, verified by the affidavit of the petitioner or some other reputable person for him, her, or them; and (B) The petitioner has caused a notice of the intended application to be published in some newspaper printed in the county at least six (6) weeks before filing the petition with the county court calling on all persons who might feel themselves concerned to file notice with the county court as to why the record should not be reinstated upon the records of the recorder of the county. If no newspaper is printed in the county at the time of the publication, then the publication may be made in some newspaper printed in the City of Little Rock, Arkansas. Acts 1855, § 4, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8347, 8348; Pope's Dig., §§ 10938, 10943, 10944; A.S.A. 1947, §§ 16-406, 16-411, 16-412; Acts 1997, No. 1044, § 1.

(a) (1) In cases where any marriage has been legally solemnized in any county, and the certificate of marriage required by law to be filed in the office of the recorder for the county, together with the record thereof, has been lost, destroyed, or burned, it shall be the duty of the person who solemnized the marriage, at the request and on the demand of either of the parties between whom the marriage was solemnized, to furnish him, her, or them, under his or her hand, a certificate of marriage. (2) The certificate, in addition to setting forth the date of the marriage and the names, ages, and residences of the parties at the time the marriage ceremony was performed between them and that he or she performed the marriage ceremony between them, shall also set forth in what capacity the person granting the certificate acted, whether as a judge, justice of the peace, minister, priest, or otherwise, at the time of the solemnization of the marriage, and that the original certificate of the marriage was made out by him or her and duly filed in the office of the clerk and recorder for the county, as required by law. (3) The person so receiving the certificate may, within ninety (90) days after procuring the certificate from the person who solemnized the marriage, file the certificate in the office of the clerk and recorder of the county, whose duty it shall be to record the certificate in his or her record of marriage certificates. (4) The certificate shall relate back and have full force and effect from the date of the solemnization of such marriage.

(1) In cases where any marriage has been legally solemnized in any county, and the certificate of marriage required by law to be filed in the office of the recorder for the county, together with the record thereof, has been lost, destroyed, or burned, it shall be the duty of the person who solemnized the marriage, at the request and on the demand of either of the parties between whom the marriage was solemnized, to furnish him, her, or them, under his or her hand, a certificate of marriage.

(2) The certificate, in addition to setting forth the date of the marriage and the names, ages, and residences of the parties at the time the marriage ceremony was performed between them and that he or she performed the marriage ceremony between them, shall also set forth in what capacity the person granting the certificate acted, whether as a judge, justice of the peace, minister, priest, or otherwise, at the time of the solemnization of the marriage, and that the original certificate of the marriage was made out by him or her and duly filed in the office of the clerk and recorder for the county, as required by law.

(3) The person so receiving the certificate may, within ninety (90) days after procuring the certificate from the person who solemnized the marriage, file the certificate in the office of the clerk and recorder of the county, whose duty it shall be to record the certificate in his or her record of marriage certificates.

(4) The certificate shall relate back and have full force and effect from the date of the solemnization of such marriage.

(b) (1) In case the person who solemnized the marriage has died or resides beyond the limits of this state so that the certificate cannot be obtained, then the parties between whom the marriage was originally solemnized, or the one surviving if either be dead, or their heirs, by their guardian, in case both the parties are dead, wishing to reinstate the record of the marriage may file their petition in the office of the clerk of the county court setting forth therein the substance of the original marriage certificate or the time when and the person by whom the marriage was performed, in what capacity the person acted, whether as judge, justice of the peace, minister, or priest, and that the certificate, with the record thereof, was lost, destroyed, or burned. (2) Upon hearing the petition, if the county court is advised of the truth of the matters contained in the petition, it shall decree that the marriage record be reinstated upon the records of the recorder's office, and the clerk of the court shall certify a copy of the petition and decree down to the recorder, who shall record them. (3) The marriage record shall relate back and have the same force and effect from the time when the marriage ceremony was first performed as though the original record had never been lost, destroyed, or burned. (4) No such decree shall be made or rendered by the county court unless: (A) The petition has been filed in the office of the clerk of the county court, verified by the affidavit of the petitioner or some other reputable person for him, her, or them; and (B) The petitioner has caused a notice of the intended application to be published in some newspaper printed in the county at least six (6) weeks before filing the petition with the county court calling on all persons who might feel themselves concerned to file notice with the county court as to why the record should not be reinstated upon the records of the recorder of the county. If no newspaper is printed in the county at the time of the publication, then the publication may be made in some newspaper printed in the City of Little Rock, Arkansas.

(1) In case the person who solemnized the marriage has died or resides beyond the limits of this state so that the certificate cannot be obtained, then the parties between whom the marriage was originally solemnized, or the one surviving if either be dead, or their heirs, by their guardian, in case both the parties are dead, wishing to reinstate the record of the marriage may file their petition in the office of the clerk of the county court setting forth therein the substance of the original marriage certificate or the time when and the person by whom the marriage was performed, in what capacity the person acted, whether as judge, justice of the peace, minister, or priest, and that the certificate, with the record thereof, was lost, destroyed, or burned.

(2) Upon hearing the petition, if the county court is advised of the truth of the matters contained in the petition, it shall decree that the marriage record be reinstated upon the records of the recorder's office, and the clerk of the court shall certify a copy of the petition and decree down to the recorder, who shall record them.

(3) The marriage record shall relate back and have the same force and effect from the time when the marriage ceremony was first performed as though the original record had never been lost, destroyed, or burned.

(4) No such decree shall be made or rendered by the county court unless: (A) The petition has been filed in the office of the clerk of the county court, verified by the affidavit of the petitioner or some other reputable person for him, her, or them; and (B) The petitioner has caused a notice of the intended application to be published in some newspaper printed in the county at least six (6) weeks before filing the petition with the county court calling on all persons who might feel themselves concerned to file notice with the county court as to why the record should not be reinstated upon the records of the recorder of the county. If no newspaper is printed in the county at the time of the publication, then the publication may be made in some newspaper printed in the City of Little Rock, Arkansas.

(A) The petition has been filed in the office of the clerk of the county court, verified by the affidavit of the petitioner or some other reputable person for him, her, or them; and

(B) The petitioner has caused a notice of the intended application to be published in some newspaper printed in the county at least six (6) weeks before filing the petition with the county court calling on all persons who might feel themselves concerned to file notice with the county court as to why the record should not be reinstated upon the records of the recorder of the county. If no newspaper is printed in the county at the time of the publication, then the publication may be made in some newspaper printed in the City of Little Rock, Arkansas.

Acts 1855, § 4, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8347, 8348; Pope's Dig., §§ 10938, 10943, 10944; A.S.A. 1947, §§ 16-406, 16-411, 16-412; Acts 1997, No. 1044, § 1.
Ark. Code Ann. § 16-13-327 — AR Code / Title 16 / Chapter 13 / Subchapter 3 / Section 16-13-327
Probation officers
Status: in_force

(a) Each juvenile division of circuit court shall be provided with no fewer than one (1) probation officer to manage the probation services and needs of the court. (b) Each probation officer shall: (1) Be an employee of the judge or judges of the circuit court designated to hear juvenile cases in the district plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001; and (2) Serve at the pleasure of the judge or judges. (c) (1) A probation officer: (A) Shall be certified as a juvenile probation officer according to the laws of this state; (B) Must complete initial certification requirements within one (1) year of the officer's employment; and (C) Must maintain the certification during the terms of his or her employment. (2) The Juvenile Intake and Probation Officers' Certification Committee, composed of juvenile officers and judges of the circuit court designated to hear juvenile cases in their district plan under Arkansas Supreme Court Administrative Order Number 14 originally issued April 6, 2001, and staffed by an employee of the Administrative Office of the Courts, shall establish certification standards for intake and probation officers. (3) The office shall collect and maintain records for the juvenile officers' certification documentation. (d) (1) (A) The salary of the probation officer shall be paid by the county or counties in which the probation officer works. (B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time probation officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year. (2) The portion to be paid by the state shall be the lesser of: (A) Twenty thousand dollars ($20,000) per year; or (B) One-half (½) the probation officer's average salary as calculated over the last twelve (12) months. (3) For reimbursement under the requirements of this subsection, the state shall reimburse a county only for salaries paid to the number of probation officers that: (A) Meet the requirements of subdivision (d)(1) of this section; and (B) Do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding. Amended by Act 2022, No. 206,§ 11, eff. 7/1/2022. Acts 1989, No. 418, § 1; 1997, No. 1171, § 1; 2003, No. 1166, § 33; 2005, No. 1398, § 2; 2009, No. 956, § 31.

(a) Each juvenile division of circuit court shall be provided with no fewer than one (1) probation officer to manage the probation services and needs of the court.

(b) Each probation officer shall: (1) Be an employee of the judge or judges of the circuit court designated to hear juvenile cases in the district plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001; and (2) Serve at the pleasure of the judge or judges.

(1) Be an employee of the judge or judges of the circuit court designated to hear juvenile cases in the district plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001; and

(2) Serve at the pleasure of the judge or judges.

(c) (1) A probation officer: (A) Shall be certified as a juvenile probation officer according to the laws of this state; (B) Must complete initial certification requirements within one (1) year of the officer's employment; and (C) Must maintain the certification during the terms of his or her employment. (2) The Juvenile Intake and Probation Officers' Certification Committee, composed of juvenile officers and judges of the circuit court designated to hear juvenile cases in their district plan under Arkansas Supreme Court Administrative Order Number 14 originally issued April 6, 2001, and staffed by an employee of the Administrative Office of the Courts, shall establish certification standards for intake and probation officers. (3) The office shall collect and maintain records for the juvenile officers' certification documentation.

(1) A probation officer: (A) Shall be certified as a juvenile probation officer according to the laws of this state; (B) Must complete initial certification requirements within one (1) year of the officer's employment; and (C) Must maintain the certification during the terms of his or her employment.

(A) Shall be certified as a juvenile probation officer according to the laws of this state;

(B) Must complete initial certification requirements within one (1) year of the officer's employment; and

(C) Must maintain the certification during the terms of his or her employment.

(2) The Juvenile Intake and Probation Officers' Certification Committee, composed of juvenile officers and judges of the circuit court designated to hear juvenile cases in their district plan under Arkansas Supreme Court Administrative Order Number 14 originally issued April 6, 2001, and staffed by an employee of the Administrative Office of the Courts, shall establish certification standards for intake and probation officers.

(3) The office shall collect and maintain records for the juvenile officers' certification documentation.

(d) (1) (A) The salary of the probation officer shall be paid by the county or counties in which the probation officer works. (B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time probation officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year. (2) The portion to be paid by the state shall be the lesser of: (A) Twenty thousand dollars ($20,000) per year; or (B) One-half (½) the probation officer's average salary as calculated over the last twelve (12) months. (3) For reimbursement under the requirements of this subsection, the state shall reimburse a county only for salaries paid to the number of probation officers that: (A) Meet the requirements of subdivision (d)(1) of this section; and (B) Do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding.

(1) (A) The salary of the probation officer shall be paid by the county or counties in which the probation officer works. (B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time probation officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year.

(A) The salary of the probation officer shall be paid by the county or counties in which the probation officer works.

(B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time probation officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year.

(i) Who is certified according to the laws of this state; and

(ii) Whose salary has been paid by the county or counties for a period of one (1) year.

(2) The portion to be paid by the state shall be the lesser of: (A) Twenty thousand dollars ($20,000) per year; or (B) One-half (½) the probation officer's average salary as calculated over the last twelve (12) months.

(A) Twenty thousand dollars ($20,000) per year; or

(B) One-half (½) the probation officer's average salary as calculated over the last twelve (12) months.

(3) For reimbursement under the requirements of this subsection, the state shall reimburse a county only for salaries paid to the number of probation officers that: (A) Meet the requirements of subdivision (d)(1) of this section; and (B) Do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding.

(A) Meet the requirements of subdivision (d)(1) of this section; and

(B) Do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding.

Amended by Act 2022, No. 206,§ 11, eff. 7/1/2022.

Acts 1989, No. 418, § 1; 1997, No. 1171, § 1; 2003, No. 1166, § 33; 2005, No. 1398, § 2; 2009, No. 956, § 31.
Ark. Code Ann. § 16-88-206 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-206
Order to remove the bodies of certain defendants
Status: in_force

(a) If the defendant is in actual custody, the court or judge granting the order of removal shall also make an order commanding the sheriff to remove the body of the defendant to the jail of the county into which the cause is to be removed and deliver the defendant to the keeper of the jail, together with the warrant or process by virtue of which he or she is imprisoned and held. (b) The sheriff shall obey the order without unnecessary delay and shall endorse on the commitment process or order of the court by which the prisoner is held in his or her custody the reason of the change of custody. The sheriff shall deliver the warrant with the prisoner to the keeper of the jail of the proper county, who shall give the sheriff a receipt therefor, and take charge of and keep the prisoner in the same manner as if he or she had been originally committed to the jail. Crim. Code, §§ 422, 423, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3094, 3095; Pope's Dig., §§ 3924, 3925; A.S.A. 1947, §§ 43-1508, 43-1509.

(a) If the defendant is in actual custody, the court or judge granting the order of removal shall also make an order commanding the sheriff to remove the body of the defendant to the jail of the county into which the cause is to be removed and deliver the defendant to the keeper of the jail, together with the warrant or process by virtue of which he or she is imprisoned and held.

(b) The sheriff shall obey the order without unnecessary delay and shall endorse on the commitment process or order of the court by which the prisoner is held in his or her custody the reason of the change of custody. The sheriff shall deliver the warrant with the prisoner to the keeper of the jail of the proper county, who shall give the sheriff a receipt therefor, and take charge of and keep the prisoner in the same manner as if he or she had been originally committed to the jail.

Crim. Code, §§ 422, 423, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3094, 3095; Pope's Dig., §§ 3924, 3925; A.S.A. 1947, §§ 43-1508, 43-1509.
Ark. Code Ann. § 16-55-203 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-203
Increase in percentage of several share
Status: in_force

(a) (1) Notwithstanding the provisions of §§ 16-55-201 and 16-55-202 , in the event a several judgment has been entered against multiple-party defendants, a plaintiff may move the court no later than ten (10) days after the entry of judgment to determine whether all or part of the amount of the several share for which a defendant is liable will not be reasonably collectible. (2) If the court determines, based upon a preponderance of the evidence, that any defendant's several share or multiple defendants' several shares will not be reasonably collectible, the court shall increase the percentage points of the several shares of each of the remaining defendants, subject to the limitations in subdivisions (a)(3) and (4) of this section. (3) (A) If a defendant's percentage of fault is determined by the finder of fact to be ten percent (10%) or less, then the percentage points of that defendant's several share shall not be increased. (B) If a defendant's percentage of fault is determined by the finder of fact to be greater than ten percent (10%) but less than fifty percent (50%), then the percentage points of that defendant's several share shall be increased by no more than ten (10) percentage points. (C) If a defendant's percentage of fault is determined by the finder of fact to be fifty percent (50%) or greater, then the percentage points of that defendant's several share shall be increased by no more than twenty (20) percentage points. (4) Under no circumstances shall the combined percentage points of the remaining defendants' several shares exceed the lesser of: (A) A total of one hundred (100) percentage points; or (B) The total number of percentage points remaining after deducting the percentage of fault of the plaintiff, if any. (5) Any defendant whose several share has been increased pursuant to this section, and who has discharged his or her obligation to pay the increased several share, has a right of contribution from the defendants whose several shares were determined by the court to be not reasonably collectible. (b) The provisions of subsection (a) of this section shall not apply to any punitive damages award or judgment. Acts 2003, No. 649, § 3.

(a) (1) Notwithstanding the provisions of §§ 16-55-201 and 16-55-202 , in the event a several judgment has been entered against multiple-party defendants, a plaintiff may move the court no later than ten (10) days after the entry of judgment to determine whether all or part of the amount of the several share for which a defendant is liable will not be reasonably collectible. (2) If the court determines, based upon a preponderance of the evidence, that any defendant's several share or multiple defendants' several shares will not be reasonably collectible, the court shall increase the percentage points of the several shares of each of the remaining defendants, subject to the limitations in subdivisions (a)(3) and (4) of this section. (3) (A) If a defendant's percentage of fault is determined by the finder of fact to be ten percent (10%) or less, then the percentage points of that defendant's several share shall not be increased. (B) If a defendant's percentage of fault is determined by the finder of fact to be greater than ten percent (10%) but less than fifty percent (50%), then the percentage points of that defendant's several share shall be increased by no more than ten (10) percentage points. (C) If a defendant's percentage of fault is determined by the finder of fact to be fifty percent (50%) or greater, then the percentage points of that defendant's several share shall be increased by no more than twenty (20) percentage points. (4) Under no circumstances shall the combined percentage points of the remaining defendants' several shares exceed the lesser of: (A) A total of one hundred (100) percentage points; or (B) The total number of percentage points remaining after deducting the percentage of fault of the plaintiff, if any. (5) Any defendant whose several share has been increased pursuant to this section, and who has discharged his or her obligation to pay the increased several share, has a right of contribution from the defendants whose several shares were determined by the court to be not reasonably collectible.

(1) Notwithstanding the provisions of §§ 16-55-201 and 16-55-202 , in the event a several judgment has been entered against multiple-party defendants, a plaintiff may move the court no later than ten (10) days after the entry of judgment to determine whether all or part of the amount of the several share for which a defendant is liable will not be reasonably collectible.

(2) If the court determines, based upon a preponderance of the evidence, that any defendant's several share or multiple defendants' several shares will not be reasonably collectible, the court shall increase the percentage points of the several shares of each of the remaining defendants, subject to the limitations in subdivisions (a)(3) and (4) of this section.

(3) (A) If a defendant's percentage of fault is determined by the finder of fact to be ten percent (10%) or less, then the percentage points of that defendant's several share shall not be increased. (B) If a defendant's percentage of fault is determined by the finder of fact to be greater than ten percent (10%) but less than fifty percent (50%), then the percentage points of that defendant's several share shall be increased by no more than ten (10) percentage points. (C) If a defendant's percentage of fault is determined by the finder of fact to be fifty percent (50%) or greater, then the percentage points of that defendant's several share shall be increased by no more than twenty (20) percentage points.

(A) If a defendant's percentage of fault is determined by the finder of fact to be ten percent (10%) or less, then the percentage points of that defendant's several share shall not be increased.

(B) If a defendant's percentage of fault is determined by the finder of fact to be greater than ten percent (10%) but less than fifty percent (50%), then the percentage points of that defendant's several share shall be increased by no more than ten (10) percentage points.

(C) If a defendant's percentage of fault is determined by the finder of fact to be fifty percent (50%) or greater, then the percentage points of that defendant's several share shall be increased by no more than twenty (20) percentage points.

(4) Under no circumstances shall the combined percentage points of the remaining defendants' several shares exceed the lesser of: (A) A total of one hundred (100) percentage points; or (B) The total number of percentage points remaining after deducting the percentage of fault of the plaintiff, if any.

(A) A total of one hundred (100) percentage points; or

(B) The total number of percentage points remaining after deducting the percentage of fault of the plaintiff, if any.

(5) Any defendant whose several share has been increased pursuant to this section, and who has discharged his or her obligation to pay the increased several share, has a right of contribution from the defendants whose several shares were determined by the court to be not reasonably collectible.

(b) The provisions of subsection (a) of this section shall not apply to any punitive damages award or judgment.

Acts 2003, No. 649, § 3.
Ark. Code Ann. § 16-110-119 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-119
Return of writ
Status: in_force

(a) The county sheriff shall return, upon every order of attachment, what he or she has done under it. (b) (1) The return must show the property attached, the time it was attached, and the disposition made of it. (2) Where garnishees are summoned, their names and the time each was summoned must be stated. (3) Where real property is attached, the county sheriff shall describe it with sufficient certainty to identify it, and where he or she can do so, a reference to the deed or title under which the defendant holds it. (c) The county sheriff shall return with the order all bonds taken under it. Civil Code, § 237; C. & M. Dig., § 517; Pope's Dig., § 554; A.S.A. 1947, § 31-127.

(a) The county sheriff shall return, upon every order of attachment, what he or she has done under it.

(b) (1) The return must show the property attached, the time it was attached, and the disposition made of it. (2) Where garnishees are summoned, their names and the time each was summoned must be stated. (3) Where real property is attached, the county sheriff shall describe it with sufficient certainty to identify it, and where he or she can do so, a reference to the deed or title under which the defendant holds it.

(1) The return must show the property attached, the time it was attached, and the disposition made of it.

(2) Where garnishees are summoned, their names and the time each was summoned must be stated.

(3) Where real property is attached, the county sheriff shall describe it with sufficient certainty to identify it, and where he or she can do so, a reference to the deed or title under which the defendant holds it.

(c) The county sheriff shall return with the order all bonds taken under it.

Civil Code, § 237; C. & M. Dig., § 517; Pope's Dig., § 554; A.S.A. 1947, § 31-127.
Ark. Code Ann. § 16-94-224 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-224
Expenses
Status: in_force

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the State Treasury, on the certificate of the Governor and warrant of the Auditor of State; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and not exceeding ............... cents a mile for all necessary travel in returning such prisoner. Acts 1935, No. 126, § 24; Pope's Dig., § 6104; A.S.A. 1947, § 43-3024.

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the State Treasury, on the certificate of the Governor and warrant of the Auditor of State; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and not exceeding ............... cents a mile for all necessary travel in returning such prisoner.

Acts 1935, No. 126, § 24; Pope's Dig., § 6104; A.S.A. 1947, § 43-3024.
Ark. Code Ann. § 16-21-2401 — AR Code / Title 16 / Chapter 21 / Subchapter 24 / Section 16-21-2401
Contingent expense allowance
Status: in_force

(a) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Nineteenth Judicial District, the prosecuting attorney shall hereafter receive a contingent expense allowance to be borne by the respective counties of the Nineteenth Judicial District as follows: (1) Benton County ............... $1,750; and (2) Carroll County ............... $750. (b) The counties in the Nineteenth Judicial District shall pay the above prescribed annual amounts in equal monthly installments. Acts 1969, No. 71, § 1; A.S.A. 1947, § 24-114.5.

(a) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Nineteenth Judicial District, the prosecuting attorney shall hereafter receive a contingent expense allowance to be borne by the respective counties of the Nineteenth Judicial District as follows: (1) Benton County ............... $1,750; and (2) Carroll County ............... $750.

(1) Benton County ............... $1,750; and

(2) Carroll County ............... $750.

(b) The counties in the Nineteenth Judicial District shall pay the above prescribed annual amounts in equal monthly installments.

Acts 1969, No. 71, § 1; A.S.A. 1947, § 24-114.5.
Ark. Code Ann. § 16-107-301 — AR Code / Title 16 / Chapter 107 / Subchapter 3 / Section 16-107-301
Action against principal to discharge debt
Status: in_force

A surety may maintain an action against his or her principal to compel the principal to discharge the debt or liability for which the surety is bound after the debt or liability has become due. Civil Code, § 749; C. & M. Dig., § 8284; Pope's Dig., § 10861; A.S.A. 1947, § 34-330.

A surety may maintain an action against his or her principal to compel the principal to discharge the debt or liability for which the surety is bound after the debt or liability has become due.

Civil Code, § 749; C. & M. Dig., § 8284; Pope's Dig., § 10861; A.S.A. 1947, § 34-330.
Ark. Code Ann. § 16-21-2403 — AR Code / Title 16 / Chapter 21 / Subchapter 24 / Section 16-21-2403
Reimbursement of expenses of Carroll County office
Status: in_force

The Carroll County Quorum Court shall appropriate adequate funds for reimbursing the Prosecuting Attorney of the Nineteenth Judicial District for the actual expenses of the Carroll County office, including, but not limited to, telephone, telegraph, postage, printing, office supplies and equipment, stationery, traveling expenses, and such other expenses which the quorum court may deem a proper expense of the prosecutor's office. Acts 1983, No. 386, § 7; A.S.A. 1947, § 24-114.14a.

The Carroll County Quorum Court shall appropriate adequate funds for reimbursing the Prosecuting Attorney of the Nineteenth Judicial District for the actual expenses of the Carroll County office, including, but not limited to, telephone, telegraph, postage, printing, office supplies and equipment, stationery, traveling expenses, and such other expenses which the quorum court may deem a proper expense of the prosecutor's office.

Acts 1983, No. 386, § 7; A.S.A. 1947, § 24-114.14a.
Ark. Code Ann. § 16-10-409 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-409
Mandatory suspension
Status: in_force

(a) (1) A judge shall be suspended from office with pay by the Supreme Court if: (A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that involves moral turpitude; or (B) In any court in the United States he or she pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Arkansas or the United States or any other offense that involves moral turpitude. (2) (A) If the judge requests a hearing on a suspension under subdivision (a)(1) of this section, the Supreme Court shall: (i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and (ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing. (B) In the hearing under this subdivision (a)(2) the Judicial Discipline and Disability Commission shall act as the opposing party of the requesting judge. (C) The suspension with pay under subdivision (a)(1)(A) of this section shall be removed and the judge shall be allowed to perform his or her duties as a judge if the judge shows at the hearing by a preponderance of the evidence that: (i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and (ii) The charges are not likely to result in a conviction. (b) If his or her conviction becomes final, he or she may be removed from office pursuant to § 16-10-410 . (c) (1) If his or her conviction is reversed and he or she is cleared of the charge, by order of the court, whether without further trial or after further trial and a finding of not guilty, his or her suspension terminates. (2) If the judge is suspended under subdivision (a)(1)(A) of this section and the charge is subsequently dismissed, the judge's suspension terminates. (d) Nothing in this section shall prevent the Judicial Discipline and Disability Commission from determining that a judge be disciplined or removed according to § 16-10-410 . Amended by Act 2015, No. 938,§ 2, eff. 7/22/2015. Acts 1989, No. 637, § 5.

(a) (1) A judge shall be suspended from office with pay by the Supreme Court if: (A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that involves moral turpitude; or (B) In any court in the United States he or she pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Arkansas or the United States or any other offense that involves moral turpitude. (2) (A) If the judge requests a hearing on a suspension under subdivision (a)(1) of this section, the Supreme Court shall: (i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and (ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing. (B) In the hearing under this subdivision (a)(2) the Judicial Discipline and Disability Commission shall act as the opposing party of the requesting judge. (C) The suspension with pay under subdivision (a)(1)(A) of this section shall be removed and the judge shall be allowed to perform his or her duties as a judge if the judge shows at the hearing by a preponderance of the evidence that: (i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and (ii) The charges are not likely to result in a conviction.

(1) A judge shall be suspended from office with pay by the Supreme Court if: (A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that involves moral turpitude; or (B) In any court in the United States he or she pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Arkansas or the United States or any other offense that involves moral turpitude.

(A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that involves moral turpitude; or

(B) In any court in the United States he or she pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Arkansas or the United States or any other offense that involves moral turpitude.

(2) (A) If the judge requests a hearing on a suspension under subdivision (a)(1) of this section, the Supreme Court shall: (i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and (ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing. (B) In the hearing under this subdivision (a)(2) the Judicial Discipline and Disability Commission shall act as the opposing party of the requesting judge. (C) The suspension with pay under subdivision (a)(1)(A) of this section shall be removed and the judge shall be allowed to perform his or her duties as a judge if the judge shows at the hearing by a preponderance of the evidence that: (i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and (ii) The charges are not likely to result in a conviction.

(A) If the judge requests a hearing on a suspension under subdivision (a)(1) of this section, the Supreme Court shall: (i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and (ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing.

(i) Hold the hearing no later than ten (10) days after the request to determine whether the suspension with pay remains in effect during the pendency of criminal proceedings against the judge; and

(ii) Notify the requesting judge and the Judicial Discipline and Disability Commission of the date of the hearing.

(B) In the hearing under this subdivision (a)(2) the Judicial Discipline and Disability Commission shall act as the opposing party of the requesting judge.

(C) The suspension with pay under subdivision (a)(1)(A) of this section shall be removed and the judge shall be allowed to perform his or her duties as a judge if the judge shows at the hearing by a preponderance of the evidence that: (i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and (ii) The charges are not likely to result in a conviction.

(i) The performance of his or her duties as a judge while charges are pending will not impair the public confidence in the independence, integrity, and impartiality of the judiciary; and

(ii) The charges are not likely to result in a conviction.

(b) If his or her conviction becomes final, he or she may be removed from office pursuant to § 16-10-410 .

(c) (1) If his or her conviction is reversed and he or she is cleared of the charge, by order of the court, whether without further trial or after further trial and a finding of not guilty, his or her suspension terminates. (2) If the judge is suspended under subdivision (a)(1)(A) of this section and the charge is subsequently dismissed, the judge's suspension terminates.

(1) If his or her conviction is reversed and he or she is cleared of the charge, by order of the court, whether without further trial or after further trial and a finding of not guilty, his or her suspension terminates.

(2) If the judge is suspended under subdivision (a)(1)(A) of this section and the charge is subsequently dismissed, the judge's suspension terminates.

(d) Nothing in this section shall prevent the Judicial Discipline and Disability Commission from determining that a judge be disciplined or removed according to § 16-10-410 .

Amended by Act 2015, No. 938,§ 2, eff. 7/22/2015.

Acts 1989, No. 637, § 5.
Ark. Code Ann. § 16-68-504 — AR Code / Title 16 / Chapter 68 / Subchapter 5 / Section 16-68-504
Collection of fee bill
Status: in_force

When any fee bill shall come to the hands of any sheriff or other officer to be collected, and the person against whom the fee bill is issued refuses or fails to pay the amount of the fee bill within twenty (20) days after the fee bill shall be presented, the sheriff or other officer may and shall levy the fee bill and the amount claimed thereon on the goods and chattels of the person or persons and expose the goods and chattels for sale within sixty (60) days from the date of the levy. The sheriff or other officer shall give ten (10) days' notice of the time and place of the sale by means of at least four (4) advertisements put up in four (4) of the public places in his or her county. It is unlawful for the person or persons against whom the fee bill is issued, to delay the payment of the fee bill in any manner whatever. Acts 1843, § 1, p. 68; C. & M. Dig., § 4620; Pope's Dig., § 5708; A.S.A. 1947, § 27-2330.

When any fee bill shall come to the hands of any sheriff or other officer to be collected, and the person against whom the fee bill is issued refuses or fails to pay the amount of the fee bill within twenty (20) days after the fee bill shall be presented, the sheriff or other officer may and shall levy the fee bill and the amount claimed thereon on the goods and chattels of the person or persons and expose the goods and chattels for sale within sixty (60) days from the date of the levy. The sheriff or other officer shall give ten (10) days' notice of the time and place of the sale by means of at least four (4) advertisements put up in four (4) of the public places in his or her county. It is unlawful for the person or persons against whom the fee bill is issued, to delay the payment of the fee bill in any manner whatever.

Acts 1843, § 1, p. 68; C. & M. Dig., § 4620; Pope's Dig., § 5708; A.S.A. 1947, § 27-2330.
Ark. Code Ann. § 16-47-216 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-216
Title of act
Status: in_force

This act may be cited as the "Uniform Acknowledgment Act". Acts 1943, No. 169, § 14; A.S.A. 1947, § 49-114.

This act may be cited as the "Uniform Acknowledgment Act".

Acts 1943, No. 169, § 14; A.S.A. 1947, § 49-114.
Ark. Code Ann. § 16-10-142 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-142
Court reporters and trial court administrators
Status: in_force

(a) (1) The Administrative Office of the Courts is responsible for requesting and verifying the need for any additional appropriation, any position-level change, any increase in the State Administration of Justice Fund allocation amount as authorized in the operative appropriation act, and any increases to be payable from the State Central Services Fund as appropriated in the operative appropriation act, for trial court administrators and official court reporters. (2) An annual or biennial request for an increase for trial court administrators or official court reporters shall not exceed the total or projected total appropriation as authorized by the General Assembly. (b) During a fiscal year, the office shall not approve any change in salary level, operating expense, or other distribution for trial court administrators which exceeds the actual or projected appropriation available for trial court administrators or for court reporters which exceeds the actual or projected appropriation available for court reporters. (c) In order for the General Assembly to make an informed decision on any appropriation increase request, the office shall include with any request for an appropriation increase for trial court administrators or court reporters that exceeds the previous fiscal year total appropriation the following information: (1) A letter explaining the purpose or reason for the requested appropriation increase along with the total dollar amount requested, the position-level change or salary increase requested, and the funding source of the increase; (2) A report that includes: (A) Current salaries and salaries from previous fiscal years; (B) Current years of service; (C) A list of salary increases received by an employee during the current or previous fiscal year; and (D) The requested increase in salary and match for each trial court administrator or court reporter; and (3) A copy of the rules, policies, or procedures established or utilized by the office in conjunction with the Arkansas Judicial Council, Inc., that are used to determine current salaries and salary increases for trial court administrators or court reporters. Added by Act 2023, No. 123,§ 8, eff. 7/1/2023.

(a) (1) The Administrative Office of the Courts is responsible for requesting and verifying the need for any additional appropriation, any position-level change, any increase in the State Administration of Justice Fund allocation amount as authorized in the operative appropriation act, and any increases to be payable from the State Central Services Fund as appropriated in the operative appropriation act, for trial court administrators and official court reporters. (2) An annual or biennial request for an increase for trial court administrators or official court reporters shall not exceed the total or projected total appropriation as authorized by the General Assembly.

(1) The Administrative Office of the Courts is responsible for requesting and verifying the need for any additional appropriation, any position-level change, any increase in the State Administration of Justice Fund allocation amount as authorized in the operative appropriation act, and any increases to be payable from the State Central Services Fund as appropriated in the operative appropriation act, for trial court administrators and official court reporters.

(2) An annual or biennial request for an increase for trial court administrators or official court reporters shall not exceed the total or projected total appropriation as authorized by the General Assembly.

(b) During a fiscal year, the office shall not approve any change in salary level, operating expense, or other distribution for trial court administrators which exceeds the actual or projected appropriation available for trial court administrators or for court reporters which exceeds the actual or projected appropriation available for court reporters.

(c) In order for the General Assembly to make an informed decision on any appropriation increase request, the office shall include with any request for an appropriation increase for trial court administrators or court reporters that exceeds the previous fiscal year total appropriation the following information: (1) A letter explaining the purpose or reason for the requested appropriation increase along with the total dollar amount requested, the position-level change or salary increase requested, and the funding source of the increase; (2) A report that includes: (A) Current salaries and salaries from previous fiscal years; (B) Current years of service; (C) A list of salary increases received by an employee during the current or previous fiscal year; and (D) The requested increase in salary and match for each trial court administrator or court reporter; and (3) A copy of the rules, policies, or procedures established or utilized by the office in conjunction with the Arkansas Judicial Council, Inc., that are used to determine current salaries and salary increases for trial court administrators or court reporters.

(1) A letter explaining the purpose or reason for the requested appropriation increase along with the total dollar amount requested, the position-level change or salary increase requested, and the funding source of the increase;

(2) A report that includes: (A) Current salaries and salaries from previous fiscal years; (B) Current years of service; (C) A list of salary increases received by an employee during the current or previous fiscal year; and (D) The requested increase in salary and match for each trial court administrator or court reporter; and

(A) Current salaries and salaries from previous fiscal years;

(B) Current years of service;

(C) A list of salary increases received by an employee during the current or previous fiscal year; and

(D) The requested increase in salary and match for each trial court administrator or court reporter; and

(3) A copy of the rules, policies, or procedures established or utilized by the office in conjunction with the Arkansas Judicial Council, Inc., that are used to determine current salaries and salary increases for trial court administrators or court reporters.

Added by Act 2023, No. 123,§ 8, eff. 7/1/2023.
Ark. Code Ann. § 16-11-110 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-110
Library - Librarian
Status: in_force

(a) (1) Except as provided in this section, the Supreme Court Library shall be under the exclusive control and supervision of the Justices of the Supreme Court, who are hereby authorized to make such rules regarding its use and operation as they may deem proper. (2) (A) There shall be a Director of the Supreme Court Library who shall be nominated by the Director of the Administrative Office of the Courts, subject to the approval of the Supreme Court. (B) Subsequent to the appointment, the Director of the Supreme Court Library shall hold office at the pleasure of the Supreme Court. (b) All books obtained and placed in the library shall be the absolute property of the state, subject to the control and management of the Supreme Court, except: (1) Items deposited in the library by the United States Superintendent of Documents under the Federal Depository Library Program; and (2) The reports of the Supreme Court directed to be placed in the library, which may be exchanged by the Director of the Supreme Court Library for the reports of the other states or of the United States courts or for other law books, under the direction of the Supreme Court. (c) (1) The Director of the Supreme Court Library shall have the authority to accept any donation of books, money, or property to increase the library. (2) Any donation of money shall be deposited in the Supreme Court Library Fund. (d) The Secretary of State is directed, upon demand, to deliver to the Director of the Supreme Court Library, whenever there are two (2) or more copies of any statute book, book of reports of any court of the United States, or any other law book in his or her office, one (1) copy of every such statute book or book of reports or law book. (e) (1) Every person who is enrolled as an attorney in the Supreme Court shall pay a fee determined by rule of the Supreme Court for enrolling and recording the license and the certified transcript thereof furnished to the attorney. (2) The clerk shall deposit this fee in the Supreme Court Library Fund to be used by the Supreme Court for the maintenance and improvement of the library. (f) (1) The Director of the Supreme Court Library is authorized and empowered at any time to dispose of any books, magazines, papers, or files which may be in the custody or care of the library and which may be found by the Supreme Court to be no longer useful. (2) (A) The disposition may be by any method permitted by law, as the Director of the Supreme Court Library may determine. (B) If the disposition is by sale, then the proceeds shall be placed in the Supreme Court Library Fund. Amended by Act 2019, No. 315,§ 1295, eff. 7/24/2019. Acts 1851, §§ 3, 4, 6, 7, 9, 10, p. 89; 1895, No. 145, § 7, p. 213; C. & M. Dig., §§ 2141, 4572, 9776a, 9776d-9776f, 9776h, 9776i; Pope's Dig., §§ 2747, 5656, 13310, 13313-13315, 13317, 13318; Acts 1961, No. 132, § 1; 1961, No. 133, § 1; A.S.A. 1947, §§ 12-1709, 22-232, 22-234 -- 22-238; Acts 1999, No. 960, § 1.

(a) (1) Except as provided in this section, the Supreme Court Library shall be under the exclusive control and supervision of the Justices of the Supreme Court, who are hereby authorized to make such rules regarding its use and operation as they may deem proper. (2) (A) There shall be a Director of the Supreme Court Library who shall be nominated by the Director of the Administrative Office of the Courts, subject to the approval of the Supreme Court. (B) Subsequent to the appointment, the Director of the Supreme Court Library shall hold office at the pleasure of the Supreme Court.

(1) Except as provided in this section, the Supreme Court Library shall be under the exclusive control and supervision of the Justices of the Supreme Court, who are hereby authorized to make such rules regarding its use and operation as they may deem proper.

(2) (A) There shall be a Director of the Supreme Court Library who shall be nominated by the Director of the Administrative Office of the Courts, subject to the approval of the Supreme Court. (B) Subsequent to the appointment, the Director of the Supreme Court Library shall hold office at the pleasure of the Supreme Court.

(A) There shall be a Director of the Supreme Court Library who shall be nominated by the Director of the Administrative Office of the Courts, subject to the approval of the Supreme Court.

(B) Subsequent to the appointment, the Director of the Supreme Court Library shall hold office at the pleasure of the Supreme Court.

(b) All books obtained and placed in the library shall be the absolute property of the state, subject to the control and management of the Supreme Court, except: (1) Items deposited in the library by the United States Superintendent of Documents under the Federal Depository Library Program; and (2) The reports of the Supreme Court directed to be placed in the library, which may be exchanged by the Director of the Supreme Court Library for the reports of the other states or of the United States courts or for other law books, under the direction of the Supreme Court.

(1) Items deposited in the library by the United States Superintendent of Documents under the Federal Depository Library Program; and

(2) The reports of the Supreme Court directed to be placed in the library, which may be exchanged by the Director of the Supreme Court Library for the reports of the other states or of the United States courts or for other law books, under the direction of the Supreme Court.

(c) (1) The Director of the Supreme Court Library shall have the authority to accept any donation of books, money, or property to increase the library. (2) Any donation of money shall be deposited in the Supreme Court Library Fund.

(1) The Director of the Supreme Court Library shall have the authority to accept any donation of books, money, or property to increase the library.

(2) Any donation of money shall be deposited in the Supreme Court Library Fund.

(d) The Secretary of State is directed, upon demand, to deliver to the Director of the Supreme Court Library, whenever there are two (2) or more copies of any statute book, book of reports of any court of the United States, or any other law book in his or her office, one (1) copy of every such statute book or book of reports or law book.

(e) (1) Every person who is enrolled as an attorney in the Supreme Court shall pay a fee determined by rule of the Supreme Court for enrolling and recording the license and the certified transcript thereof furnished to the attorney. (2) The clerk shall deposit this fee in the Supreme Court Library Fund to be used by the Supreme Court for the maintenance and improvement of the library.

(1) Every person who is enrolled as an attorney in the Supreme Court shall pay a fee determined by rule of the Supreme Court for enrolling and recording the license and the certified transcript thereof furnished to the attorney.

(2) The clerk shall deposit this fee in the Supreme Court Library Fund to be used by the Supreme Court for the maintenance and improvement of the library.

(f) (1) The Director of the Supreme Court Library is authorized and empowered at any time to dispose of any books, magazines, papers, or files which may be in the custody or care of the library and which may be found by the Supreme Court to be no longer useful. (2) (A) The disposition may be by any method permitted by law, as the Director of the Supreme Court Library may determine. (B) If the disposition is by sale, then the proceeds shall be placed in the Supreme Court Library Fund.

(1) The Director of the Supreme Court Library is authorized and empowered at any time to dispose of any books, magazines, papers, or files which may be in the custody or care of the library and which may be found by the Supreme Court to be no longer useful.

(2) (A) The disposition may be by any method permitted by law, as the Director of the Supreme Court Library may determine. (B) If the disposition is by sale, then the proceeds shall be placed in the Supreme Court Library Fund.

(A) The disposition may be by any method permitted by law, as the Director of the Supreme Court Library may determine.

(B) If the disposition is by sale, then the proceeds shall be placed in the Supreme Court Library Fund.

Amended by Act 2019, No. 315,§ 1295, eff. 7/24/2019.

Acts 1851, §§ 3, 4, 6, 7, 9, 10, p. 89; 1895, No. 145, § 7, p. 213; C. & M. Dig., §§ 2141, 4572, 9776a, 9776d-9776f, 9776h, 9776i; Pope's Dig., §§ 2747, 5656, 13310, 13313-13315, 13317, 13318; Acts 1961, No. 132, § 1; 1961, No. 133, § 1; A.S.A. 1947, §§ 12-1709, 22-232, 22-234 -- 22-238; Acts 1999, No. 960, § 1.
Ark. Code Ann. § 16-96-105 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-105
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, §§ 303, 304, 307; C. & M. Dig., §§ 3291, 3292, 3294; Pope's Dig., §§ 4139, 4140, 4142; A.S.A. 1947, §§ 44-106, 44-107, 44-109.

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

Crim. Code, §§ 303, 304, 307; C. & M. Dig., §§ 3291, 3292, 3294; Pope's Dig., §§ 4139, 4140, 4142; A.S.A. 1947, §§ 44-106, 44-107, 44-109.
Ark. Code Ann. § 16-106-109 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-109
Appeal and error by state
Status: in_force

(a) Appeals and writs of error may be brought by any of the prosecuting attorneys, in the name and on behalf of the state, in like manner as by individuals, except when it may be otherwise provided by law. (b) All appeals or writs of error taken or prosecuted by the state shall, ipso facto, operate as a supersedeas and suspension of all further proceedings in the cause in which the appeal may be taken or writ of error sued out, until the final disposition thereof, without bond, recognizance, or security. (c) In no case in which the state applies for an injunction shall security be required. However, if the state is entitled thereto in other respects, the injunction may be granted according to the justice and equity of the case. Rev. Stat., ch. 117, § 4; Acts 1855, § 10, p. 196; C. & M. Dig., 2142, 9308; Pope's Dig., §§ 2748, 11994; A.S.A. 1947, §§ 34-214, 34-215.

(a) Appeals and writs of error may be brought by any of the prosecuting attorneys, in the name and on behalf of the state, in like manner as by individuals, except when it may be otherwise provided by law.

(b) All appeals or writs of error taken or prosecuted by the state shall, ipso facto, operate as a supersedeas and suspension of all further proceedings in the cause in which the appeal may be taken or writ of error sued out, until the final disposition thereof, without bond, recognizance, or security.

(c) In no case in which the state applies for an injunction shall security be required. However, if the state is entitled thereto in other respects, the injunction may be granted according to the justice and equity of the case.

Rev. Stat., ch. 117, § 4; Acts 1855, § 10, p. 196; C. & M. Dig., 2142, 9308; Pope's Dig., §§ 2748, 11994; A.S.A. 1947, §§ 34-214, 34-215.
Ark. Code Ann. § 16-66-409 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-409
Time and method of sale
Status: in_force

(a) All property taken in execution by any officer shall be exposed to sale on the day for which it was advertised, between the hours of 9:00 A.M. and 3:00 P.M., publicly, by auction, for ready money, and the highest bidder shall be the purchaser. (b) (1) The sale of real estate is not required to be made upon a court day, but it may be made at any other time, after being duly advertised. (2) The sale is to be made at the courthouse door unless, at the request of the defendant who owns the land, the officer shall appoint the sale upon the premises. (3) Where there has been one (1) failure to sell for want of bidders, the officer may appoint the sale at the courthouse door, or on the premises, as he or she shall deem most likely to secure a fair sale. Rev. Stat., ch. 60, § 48; Civil Code, § 690; C. & M. Dig., §§ 4317, 4324, 4325; Pope's Dig., §§ 4329, 4336, 4337; A.S.A. 1947, §§ 30-419, 30-420.

(a) All property taken in execution by any officer shall be exposed to sale on the day for which it was advertised, between the hours of 9:00 A.M. and 3:00 P.M., publicly, by auction, for ready money, and the highest bidder shall be the purchaser.

(b) (1) The sale of real estate is not required to be made upon a court day, but it may be made at any other time, after being duly advertised. (2) The sale is to be made at the courthouse door unless, at the request of the defendant who owns the land, the officer shall appoint the sale upon the premises. (3) Where there has been one (1) failure to sell for want of bidders, the officer may appoint the sale at the courthouse door, or on the premises, as he or she shall deem most likely to secure a fair sale.

(1) The sale of real estate is not required to be made upon a court day, but it may be made at any other time, after being duly advertised.

(2) The sale is to be made at the courthouse door unless, at the request of the defendant who owns the land, the officer shall appoint the sale upon the premises.

(3) Where there has been one (1) failure to sell for want of bidders, the officer may appoint the sale at the courthouse door, or on the premises, as he or she shall deem most likely to secure a fair sale.

Rev. Stat., ch. 60, § 48; Civil Code, § 690; C. & M. Dig., §§ 4317, 4324, 4325; Pope's Dig., §§ 4329, 4336, 4337; A.S.A. 1947, §§ 30-419, 30-420.
Ark. Code Ann. § 16-56-126 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-126
Commencement of new action or filing mandate after nonsuit or arrest or reversal of judgment
Status: in_force

(a) (1) If any action is commenced within the time respectively prescribed in this act, in §§ 16-116-101 - 16-116-107 , in §§ 16-114-201 - 16-114-209 , or in any other act, and the plaintiff therein suffers a nonsuit, or after a verdict for him or her the judgment is arrested, or after judgment for him or her the judgment is reversed on appeal or writ of error, the plaintiff may commence a new action within one (1) year after the nonsuit suffered or judgment arrested or reversed. (2) (A) However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal. (B) Otherwise, the cause shall be forever barred. (b) If the cause of action survives to the plaintiff's heirs or to his or her executors or administrators, they may in like manner commence a new action or take out a mandate within the time allowed the plaintiff. Rev. Stat., ch. 91, § 21; Acts 1891, No. 159, § 3, p. 280; C. & M. Dig., § 6969; Pope's Dig., § 8947; Acts 1983, No. 145, § 1; 1985, No. 221, § 1; A.S.A. 1947, § 37-222.

(a) (1) If any action is commenced within the time respectively prescribed in this act, in §§ 16-116-101 - 16-116-107 , in §§ 16-114-201 - 16-114-209 , or in any other act, and the plaintiff therein suffers a nonsuit, or after a verdict for him or her the judgment is arrested, or after judgment for him or her the judgment is reversed on appeal or writ of error, the plaintiff may commence a new action within one (1) year after the nonsuit suffered or judgment arrested or reversed. (2) (A) However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal. (B) Otherwise, the cause shall be forever barred.

(1) If any action is commenced within the time respectively prescribed in this act, in §§ 16-116-101 - 16-116-107 , in §§ 16-114-201 - 16-114-209 , or in any other act, and the plaintiff therein suffers a nonsuit, or after a verdict for him or her the judgment is arrested, or after judgment for him or her the judgment is reversed on appeal or writ of error, the plaintiff may commence a new action within one (1) year after the nonsuit suffered or judgment arrested or reversed.

(2) (A) However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal. (B) Otherwise, the cause shall be forever barred.

(A) However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal.

(B) Otherwise, the cause shall be forever barred.

(b) If the cause of action survives to the plaintiff's heirs or to his or her executors or administrators, they may in like manner commence a new action or take out a mandate within the time allowed the plaintiff.

Rev. Stat., ch. 91, § 21; Acts 1891, No. 159, § 3, p. 280; C. & M. Dig., § 6969; Pope's Dig., § 8947; Acts 1983, No. 145, § 1; 1985, No. 221, § 1; A.S.A. 1947, § 37-222.
Ark. Code Ann. § 16-85-706 — AR Code / Title 16 / Chapter 85 / Subchapter 7 / Section 16-85-706
Motion to set aside indictment
Status: in_force

(a) The motion to set aside the indictment can only be made on the following grounds: (1) A substantial error in the summoning or formation of the grand jury; (2) That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictment; and (3) That the indictment was not found and presented as required by this code. (b) If the motion is sustained, the court shall make an order that the case be submitted to another grand jury to be assembled at that or the next term of the court. Crim. Code, §§ 159-162; C. & M. Dig., §§ 3057-3060; Pope's Dig., §§ 3883-3886; A.S.A. 1947, §§ 43-1207--43-1210; Acts 2005, No. 1994, § 322.

(a) The motion to set aside the indictment can only be made on the following grounds: (1) A substantial error in the summoning or formation of the grand jury; (2) That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictment; and (3) That the indictment was not found and presented as required by this code.

(1) A substantial error in the summoning or formation of the grand jury;

(2) That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictment; and

(3) That the indictment was not found and presented as required by this code.

(b) If the motion is sustained, the court shall make an order that the case be submitted to another grand jury to be assembled at that or the next term of the court.

Crim. Code, §§ 159-162; C. & M. Dig., §§ 3057-3060; Pope's Dig., §§ 3883-3886; A.S.A. 1947, §§ 43-1207--43-1210; Acts 2005, No. 1994, § 322.
Ark. Code Ann. § 16-66-220 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-220
Pension and profit-sharing plans
Status: in_force

(a) (1) A person's right to the assets held in or to receive payments, whether vested or not, under a pension, profit-sharing, or similar plan or contract, including a retirement plan for self-employed individuals, or under an individual retirement account or an individual retirement annuity, including a simplified employee pension plan, is exempt from attachment, execution, and seizure for the satisfaction of debts unless the plan, contract, or account does not qualify under the applicable provisions of the Internal Revenue Code of 1986. (2) A person's right to the assets held in or to receive payments, whether vested or not, under a government or church plan or contract is also exempt unless the plan or contract does not qualify under the definition of a government or church plan under the applicable provisions of the federal Employee Retirement Income Security Act of 1974. (b) (1) Contributions to an individual retirement account that exceed the amounts deductible under the applicable provisions of the Internal Revenue Code of 1986 and any accrued earnings on such contributions are not exempt under this section unless otherwise exempt by law. (2) However, the limitations of subdivision (b)(1) of this section do not apply to an individual retirement account established pursuant to and qualifying under § 408(A) of the Internal Revenue Code of 1986. Acts 1989, No. 428, § 2; 1999, No. 867, § 1.

(a) (1) A person's right to the assets held in or to receive payments, whether vested or not, under a pension, profit-sharing, or similar plan or contract, including a retirement plan for self-employed individuals, or under an individual retirement account or an individual retirement annuity, including a simplified employee pension plan, is exempt from attachment, execution, and seizure for the satisfaction of debts unless the plan, contract, or account does not qualify under the applicable provisions of the Internal Revenue Code of 1986. (2) A person's right to the assets held in or to receive payments, whether vested or not, under a government or church plan or contract is also exempt unless the plan or contract does not qualify under the definition of a government or church plan under the applicable provisions of the federal Employee Retirement Income Security Act of 1974.

(1) A person's right to the assets held in or to receive payments, whether vested or not, under a pension, profit-sharing, or similar plan or contract, including a retirement plan for self-employed individuals, or under an individual retirement account or an individual retirement annuity, including a simplified employee pension plan, is exempt from attachment, execution, and seizure for the satisfaction of debts unless the plan, contract, or account does not qualify under the applicable provisions of the Internal Revenue Code of 1986.

(2) A person's right to the assets held in or to receive payments, whether vested or not, under a government or church plan or contract is also exempt unless the plan or contract does not qualify under the definition of a government or church plan under the applicable provisions of the federal Employee Retirement Income Security Act of 1974.

(b) (1) Contributions to an individual retirement account that exceed the amounts deductible under the applicable provisions of the Internal Revenue Code of 1986 and any accrued earnings on such contributions are not exempt under this section unless otherwise exempt by law. (2) However, the limitations of subdivision (b)(1) of this section do not apply to an individual retirement account established pursuant to and qualifying under § 408(A) of the Internal Revenue Code of 1986.

(1) Contributions to an individual retirement account that exceed the amounts deductible under the applicable provisions of the Internal Revenue Code of 1986 and any accrued earnings on such contributions are not exempt under this section unless otherwise exempt by law.

(2) However, the limitations of subdivision (b)(1) of this section do not apply to an individual retirement account established pursuant to and qualifying under § 408(A) of the Internal Revenue Code of 1986.

Acts 1989, No. 428, § 2; 1999, No. 867, § 1.
Ark. Code Ann. § 16-43-206 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-206
Discharge of contempt order
Status: in_force

A witness imprisoned or fined for contempt by an officer before whom his or her deposition is being taken may apply to the circuit judge, who shall have power to discharge the witness if it appears that the imprisonment is illegal. Civil Code, §§ 587, 590-592; C. & M. Dig., §§ 4163, 4166-4168; Pope's Dig., §§ 5173, 5176-5178; A.S.A. 1947, §§ 28-512, 28-515 -- 28-517; Acts 2005, No. 1994, § 315.

A witness imprisoned or fined for contempt by an officer before whom his or her deposition is being taken may apply to the circuit judge, who shall have power to discharge the witness if it appears that the imprisonment is illegal.

Civil Code, §§ 587, 590-592; C. & M. Dig., §§ 4163, 4166-4168; Pope's Dig., §§ 5173, 5176-5178; A.S.A. 1947, §§ 28-512, 28-515 -- 28-517; Acts 2005, No. 1994, § 315.
Ark. Code Ann. § 16-47-105 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-105
Certificate of acknowledgment
Status: in_force

Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any married woman in any conveyance of the real estate of her husband, shall grant a certificate thereof and cause the certificate to be endorsed on the deed, instrument, conveyance, or relinquishment of dower, which certificate shall be signed by the clerk of the court where probate is taken in court or by the officer before whom the probate is taken and sealed, if he has a seal of office. Rev. Stat., ch. 31, § 16; C. & M. Dig., § 1519; Pope's Dig., § 1828; A.S.A. 1947, § 49-206.

Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any married woman in any conveyance of the real estate of her husband, shall grant a certificate thereof and cause the certificate to be endorsed on the deed, instrument, conveyance, or relinquishment of dower, which certificate shall be signed by the clerk of the court where probate is taken in court or by the officer before whom the probate is taken and sealed, if he has a seal of office.

Rev. Stat., ch. 31, § 16; C. & M. Dig., § 1519; Pope's Dig., § 1828; A.S.A. 1947, § 49-206.
Ark. Code Ann. § 16-84-201 — AR Code / Title 16 / Chapter 84 / Subchapter 2 / Section 16-84-201
Action on bond in district courts
Status: in_force

(a) (1) (A) If the defendant fails to appear for trial or judgment, or at any other time when his or her presence in district court may be lawfully required, or to surrender himself or herself in execution of the judgment, the district court may direct the fact to be entered on the minutes and shall promptly issue an order requiring the surety to appear, on a date set by the district court not more than one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, to show cause why the sum specified in the bail bond or the money deposited in lieu of bail should not be forfeited. (B) The one-hundred-twenty-day period in which the defendant must be surrendered or apprehended under subdivision (c)(2) of this section begins to run from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety. (2) The order shall also require the officer who was responsible for taking of bail to appear unless: (A) The surety is a bail bondsman; or (B) The officer accepted cash in the amount of bail. (b) The appropriate law enforcement agencies shall make every reasonable effort to apprehend the defendant. (c) (1) If the defendant is surrendered or arrested, or good cause is shown for his or her failure to appear before judgment is entered against the surety, the district court shall exonerate a reasonable amount of the surety's liability under the bail bond. (2) However, if the surety causes the apprehension of the defendant or the defendant is apprehended within one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, a judgment or forfeiture of bond may not be entered against the surety, except as provided in subsection (e) of this section. (d) If after one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, the defendant has not surrendered or been arrested, the bail bond or money deposited in lieu of bail may be forfeited without further notice or hearing. (e) If the defendant is located in another state and the location is known within one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, the appropriate law enforcement officers shall cause the arrest of the defendant and the surety shall be liable for the cost of returning the defendant to the district court in an amount not to exceed the face value of the bail bond. (f) (1) In determining the extent of liability of the surety on a bond forfeiture, the court, without further notice or hearing, may take into consideration the expenses incurred by the surety in attempting to locate the defendant and may allow the surety credit for the expenses incurred. (2) To be considered by the court, information concerning expenses incurred in attempting to locate the defendant should be submitted to the court by the surety no later than the one-hundred-twentieth day from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety. (g) Notwithstanding any law to the contrary, a district court may suspend a bail bond company's or agent's ability to issue bail bonds in its court if the bail bond company or agent fails to comply with an order of the district court or fails to pay forfeited bonds in accordance with a district court's order. Acts 1989, No. 417, § 5; 1991, No. 991, § 1; 1993, No. 841, § 1; 1995, No. 1106, § 1; 1999, No. 567, § 5; 2003, No. 752, § 2; 2003, No. 1572, § 1; 2009, No. 633, § 16.

(a) (1) (A) If the defendant fails to appear for trial or judgment, or at any other time when his or her presence in district court may be lawfully required, or to surrender himself or herself in execution of the judgment, the district court may direct the fact to be entered on the minutes and shall promptly issue an order requiring the surety to appear, on a date set by the district court not more than one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, to show cause why the sum specified in the bail bond or the money deposited in lieu of bail should not be forfeited. (B) The one-hundred-twenty-day period in which the defendant must be surrendered or apprehended under subdivision (c)(2) of this section begins to run from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety. (2) The order shall also require the officer who was responsible for taking of bail to appear unless: (A) The surety is a bail bondsman; or (B) The officer accepted cash in the amount of bail.

(1) (A) If the defendant fails to appear for trial or judgment, or at any other time when his or her presence in district court may be lawfully required, or to surrender himself or herself in execution of the judgment, the district court may direct the fact to be entered on the minutes and shall promptly issue an order requiring the surety to appear, on a date set by the district court not more than one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, to show cause why the sum specified in the bail bond or the money deposited in lieu of bail should not be forfeited. (B) The one-hundred-twenty-day period in which the defendant must be surrendered or apprehended under subdivision (c)(2) of this section begins to run from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety.

(A) If the defendant fails to appear for trial or judgment, or at any other time when his or her presence in district court may be lawfully required, or to surrender himself or herself in execution of the judgment, the district court may direct the fact to be entered on the minutes and shall promptly issue an order requiring the surety to appear, on a date set by the district court not more than one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, to show cause why the sum specified in the bail bond or the money deposited in lieu of bail should not be forfeited.

(B) The one-hundred-twenty-day period in which the defendant must be surrendered or apprehended under subdivision (c)(2) of this section begins to run from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety.

(2) The order shall also require the officer who was responsible for taking of bail to appear unless: (A) The surety is a bail bondsman; or (B) The officer accepted cash in the amount of bail.

(A) The surety is a bail bondsman; or

(B) The officer accepted cash in the amount of bail.

(b) The appropriate law enforcement agencies shall make every reasonable effort to apprehend the defendant.

(c) (1) If the defendant is surrendered or arrested, or good cause is shown for his or her failure to appear before judgment is entered against the surety, the district court shall exonerate a reasonable amount of the surety's liability under the bail bond. (2) However, if the surety causes the apprehension of the defendant or the defendant is apprehended within one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, a judgment or forfeiture of bond may not be entered against the surety, except as provided in subsection (e) of this section.

(1) If the defendant is surrendered or arrested, or good cause is shown for his or her failure to appear before judgment is entered against the surety, the district court shall exonerate a reasonable amount of the surety's liability under the bail bond.

(2) However, if the surety causes the apprehension of the defendant or the defendant is apprehended within one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, a judgment or forfeiture of bond may not be entered against the surety, except as provided in subsection (e) of this section.

(d) If after one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, the defendant has not surrendered or been arrested, the bail bond or money deposited in lieu of bail may be forfeited without further notice or hearing.

(e) If the defendant is located in another state and the location is known within one hundred twenty (120) days from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety, the appropriate law enforcement officers shall cause the arrest of the defendant and the surety shall be liable for the cost of returning the defendant to the district court in an amount not to exceed the face value of the bail bond.

(f) (1) In determining the extent of liability of the surety on a bond forfeiture, the court, without further notice or hearing, may take into consideration the expenses incurred by the surety in attempting to locate the defendant and may allow the surety credit for the expenses incurred. (2) To be considered by the court, information concerning expenses incurred in attempting to locate the defendant should be submitted to the court by the surety no later than the one-hundred-twentieth day from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety.

(1) In determining the extent of liability of the surety on a bond forfeiture, the court, without further notice or hearing, may take into consideration the expenses incurred by the surety in attempting to locate the defendant and may allow the surety credit for the expenses incurred.

(2) To be considered by the court, information concerning expenses incurred in attempting to locate the defendant should be submitted to the court by the surety no later than the one-hundred-twentieth day from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety.

(g) Notwithstanding any law to the contrary, a district court may suspend a bail bond company's or agent's ability to issue bail bonds in its court if the bail bond company or agent fails to comply with an order of the district court or fails to pay forfeited bonds in accordance with a district court's order.

Acts 1989, No. 417, § 5; 1991, No. 991, § 1; 1993, No. 841, § 1; 1995, No. 1106, § 1; 1999, No. 567, § 5; 2003, No. 752, § 2; 2003, No. 1572, § 1; 2009, No. 633, § 16.
Ark. Code Ann. § 16-21-1701 — AR Code / Title 16 / Chapter 21 / Subchapter 17 / Section 16-21-1701
Contingent expense allowance
Status: in_force

(a) The Prosecuting Attorney of the Twelfth Judicial District shall receive a contingent expense allowance to provide for office expenses, including telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expenses, special services, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expense in connection with any proper investigation incidental to any criminal law violation or trials before any grand jury or any court within the Twelfth Judicial District, coming within the duties of his office. (b) (1) The contingent expense allowance is to be borne by the respective counties of the Twelfth Judicial District as follows: (A) Crawford County ............... $10,995.00; and (B) Sebastian County ............... $99,375.34. (2) Provided, the counties in the Twelfth Judicial District shall pay the above-prescribed annual amounts upon vouchers signed by the prosecuting attorney and allowed as claims against the county general revenue funds of the respective counties. (c) The quorum courts may increase these amounts in their discretion, if necessary. Acts 1995, No. 1148, § 2.

(a) The Prosecuting Attorney of the Twelfth Judicial District shall receive a contingent expense allowance to provide for office expenses, including telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expenses, special services, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expense in connection with any proper investigation incidental to any criminal law violation or trials before any grand jury or any court within the Twelfth Judicial District, coming within the duties of his office.

(b) (1) The contingent expense allowance is to be borne by the respective counties of the Twelfth Judicial District as follows: (A) Crawford County ............... $10,995.00; and (B) Sebastian County ............... $99,375.34. (2) Provided, the counties in the Twelfth Judicial District shall pay the above-prescribed annual amounts upon vouchers signed by the prosecuting attorney and allowed as claims against the county general revenue funds of the respective counties.

(1) The contingent expense allowance is to be borne by the respective counties of the Twelfth Judicial District as follows: (A) Crawford County ............... $10,995.00; and (B) Sebastian County ............... $99,375.34.

(A) Crawford County ............... $10,995.00; and

(B) Sebastian County ............... $99,375.34.

(2) Provided, the counties in the Twelfth Judicial District shall pay the above-prescribed annual amounts upon vouchers signed by the prosecuting attorney and allowed as claims against the county general revenue funds of the respective counties.

(c) The quorum courts may increase these amounts in their discretion, if necessary.

Acts 1995, No. 1148, § 2.
Ark. Code Ann. § 16-87-213 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-213
Certificate of indigency
Status: in_force

(a) (1) (A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency. (B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged. (C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony. (D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records. (E) (i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(3)(A) of this section and for any amount ordered by the court after the case has concluded. (ii) The certificate of indigency shall contain a notice that reads, "Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217 ." (2) The court shall conduct a preliminary review of the person's certificate of indigency, and if the court makes the preliminary determination that the person is or may be indigent based upon the person's stating he or she faces substantial financial hardship, the court shall appoint the public defender to represent the person. (3) (A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission and this section, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court. (B) The court shall not appoint an attorney prior to review of the submitted certificate of indigency. (4) If the court does not find the person indigent after a preliminary review of the person's certificate of indigency, the court shall then evaluate if the person qualifies as indigent using the following factors: (A) The seriousness of the charges being faced; (B) The person's monthly expenses; (C) Local private counsel rates; (D) The person's income or available funds from any other source, including public assistance, to which the person is entitled; (E) Property owned by the person or in which he or she has an economic interest; (F) The person's outstanding financial obligations; (G) The existence, number, and ages of any dependents; (H) The person's employment and job training history; and (I) The person's highest level of formal education attained. (b) (1) At the time of appointment of an attorney, the court immediately shall assess a fee of not less than ten dollars ($10.00) nor more than four hundred dollars ($400) to be paid to the commission in order to defray the costs of the public defender system. (2) The fee under subdivision (b)(1) of this section may be waived if the court finds such an assessment to be too burdensome. (3) The fee under subdivision (b)(1) of this section shall be collected at the beginning of the proceeding and is separate from any additional attorney's fee that might be assessed by the court. (4) (A) The commission shall deposit the money collected under subdivision (b)(1) of this section into a separate account within the State Central Services Fund entitled "Public Defender User Fees" to which access shall only be available to the commission. (B) The commission may carry over any funds remaining in the separate account under subdivision (b)(4)(A) of this section at the end of the fiscal year to the subsequent year. (c) All fees under this subchapter shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts and district courts of this state, and the collecting county or city official, agency, or department shall remit to the commission by the tenth day of each month all of the fees collected on forms provided by the commission. (d) The appointing court may at any time review and redetermine whether or not a person is indigent and qualifies for the appointment of an attorney under this subchapter. (e) This section does not bar a prosecution for perjury or other offenses based on misrepresentation of financial status. (f) (1) The court may at any time request, and upon request the Department of Finance and Administration shall provide, an indigent person's past three (3) years of income tax returns in order for the court to confirm or review a determination of indigency. (2) The confirmation or review by the court under subdivision (f)(1) of this section shall be in camera with the defendant and his or her appointed counsel. (3) The court shall place the income tax returns used for the confirmation or review under this subsection under seal. Amended by Act 2021, No. 502,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 961,§ 1, eff. 8/16/2013. Acts 1993, No. 1193, § 13; 1999, No. 1564, § 5; 2001, No. 1799, § 7; 2001, No. 1809, § 6; 2003, No. 1765, § 23.

(a) (1) (A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency. (B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged. (C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony. (D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records. (E) (i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(3)(A) of this section and for any amount ordered by the court after the case has concluded. (ii) The certificate of indigency shall contain a notice that reads, "Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217 ." (2) The court shall conduct a preliminary review of the person's certificate of indigency, and if the court makes the preliminary determination that the person is or may be indigent based upon the person's stating he or she faces substantial financial hardship, the court shall appoint the public defender to represent the person. (3) (A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission and this section, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court. (B) The court shall not appoint an attorney prior to review of the submitted certificate of indigency. (4) If the court does not find the person indigent after a preliminary review of the person's certificate of indigency, the court shall then evaluate if the person qualifies as indigent using the following factors: (A) The seriousness of the charges being faced; (B) The person's monthly expenses; (C) Local private counsel rates; (D) The person's income or available funds from any other source, including public assistance, to which the person is entitled; (E) Property owned by the person or in which he or she has an economic interest; (F) The person's outstanding financial obligations; (G) The existence, number, and ages of any dependents; (H) The person's employment and job training history; and (I) The person's highest level of formal education attained.

(1) (A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency. (B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged. (C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony. (D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records. (E) (i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(3)(A) of this section and for any amount ordered by the court after the case has concluded. (ii) The certificate of indigency shall contain a notice that reads, "Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217 ."

(A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency.

(B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged.

(C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony.

(D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records.

(E) (i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(3)(A) of this section and for any amount ordered by the court after the case has concluded. (ii) The certificate of indigency shall contain a notice that reads, "Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217 ."

(i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(3)(A) of this section and for any amount ordered by the court after the case has concluded.

(ii) The certificate of indigency shall contain a notice that reads, "Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217 ."

(2) The court shall conduct a preliminary review of the person's certificate of indigency, and if the court makes the preliminary determination that the person is or may be indigent based upon the person's stating he or she faces substantial financial hardship, the court shall appoint the public defender to represent the person.

(3) (A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission and this section, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court. (B) The court shall not appoint an attorney prior to review of the submitted certificate of indigency.

(A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission and this section, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court.

(B) The court shall not appoint an attorney prior to review of the submitted certificate of indigency.

(4) If the court does not find the person indigent after a preliminary review of the person's certificate of indigency, the court shall then evaluate if the person qualifies as indigent using the following factors: (A) The seriousness of the charges being faced; (B) The person's monthly expenses; (C) Local private counsel rates; (D) The person's income or available funds from any other source, including public assistance, to which the person is entitled; (E) Property owned by the person or in which he or she has an economic interest; (F) The person's outstanding financial obligations; (G) The existence, number, and ages of any dependents; (H) The person's employment and job training history; and (I) The person's highest level of formal education attained.

(A) The seriousness of the charges being faced;

(B) The person's monthly expenses;

(C) Local private counsel rates;

(D) The person's income or available funds from any other source, including public assistance, to which the person is entitled;

(E) Property owned by the person or in which he or she has an economic interest;

(F) The person's outstanding financial obligations;

(G) The existence, number, and ages of any dependents;

(H) The person's employment and job training history; and

(I) The person's highest level of formal education attained.

(b) (1) At the time of appointment of an attorney, the court immediately shall assess a fee of not less than ten dollars ($10.00) nor more than four hundred dollars ($400) to be paid to the commission in order to defray the costs of the public defender system. (2) The fee under subdivision (b)(1) of this section may be waived if the court finds such an assessment to be too burdensome. (3) The fee under subdivision (b)(1) of this section shall be collected at the beginning of the proceeding and is separate from any additional attorney's fee that might be assessed by the court. (4) (A) The commission shall deposit the money collected under subdivision (b)(1) of this section into a separate account within the State Central Services Fund entitled "Public Defender User Fees" to which access shall only be available to the commission. (B) The commission may carry over any funds remaining in the separate account under subdivision (b)(4)(A) of this section at the end of the fiscal year to the subsequent year.

(1) At the time of appointment of an attorney, the court immediately shall assess a fee of not less than ten dollars ($10.00) nor more than four hundred dollars ($400) to be paid to the commission in order to defray the costs of the public defender system.

(2) The fee under subdivision (b)(1) of this section may be waived if the court finds such an assessment to be too burdensome.

(3) The fee under subdivision (b)(1) of this section shall be collected at the beginning of the proceeding and is separate from any additional attorney's fee that might be assessed by the court.

(4) (A) The commission shall deposit the money collected under subdivision (b)(1) of this section into a separate account within the State Central Services Fund entitled "Public Defender User Fees" to which access shall only be available to the commission. (B) The commission may carry over any funds remaining in the separate account under subdivision (b)(4)(A) of this section at the end of the fiscal year to the subsequent year.

(A) The commission shall deposit the money collected under subdivision (b)(1) of this section into a separate account within the State Central Services Fund entitled "Public Defender User Fees" to which access shall only be available to the commission.

(B) The commission may carry over any funds remaining in the separate account under subdivision (b)(4)(A) of this section at the end of the fiscal year to the subsequent year.

(c) All fees under this subchapter shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts and district courts of this state, and the collecting county or city official, agency, or department shall remit to the commission by the tenth day of each month all of the fees collected on forms provided by the commission.

(d) The appointing court may at any time review and redetermine whether or not a person is indigent and qualifies for the appointment of an attorney under this subchapter.

(e) This section does not bar a prosecution for perjury or other offenses based on misrepresentation of financial status.

(f) (1) The court may at any time request, and upon request the Department of Finance and Administration shall provide, an indigent person's past three (3) years of income tax returns in order for the court to confirm or review a determination of indigency. (2) The confirmation or review by the court under subdivision (f)(1) of this section shall be in camera with the defendant and his or her appointed counsel. (3) The court shall place the income tax returns used for the confirmation or review under this subsection under seal.

(1) The court may at any time request, and upon request the Department of Finance and Administration shall provide, an indigent person's past three (3) years of income tax returns in order for the court to confirm or review a determination of indigency.

(2) The confirmation or review by the court under subdivision (f)(1) of this section shall be in camera with the defendant and his or her appointed counsel.

(3) The court shall place the income tax returns used for the confirmation or review under this subsection under seal.

Amended by Act 2021, No. 502,§ 2, eff. 7/28/2021.

Amended by Act 2013, No. 961,§ 1, eff. 8/16/2013.

Acts 1993, No. 1193, § 13; 1999, No. 1564, § 5; 2001, No. 1799, § 7; 2001, No. 1809, § 6; 2003, No. 1765, § 23.
Ark. Code Ann. § 16-94-227 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-227
Construction
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1935, No. 126, § 27; Pope's Dig., § 6107; A.S.A. 1947, § 43-3027.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Acts 1935, No. 126, § 27; Pope's Dig., § 6107; A.S.A. 1947, § 43-3027.
Ark. Code Ann. § 16-17-136 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-136
Waiver of appearance and entry of plea to traffic violations in district court
Status: in_force

Notwithstanding any rule of criminal procedure to the contrary: (1) A person who is charged in district court with committing an offense, excluding a violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq., or any other offense for which a court appearance is mandatory, may waive appearance and trial and plead guilty or nolo contendere by a signed statement; (2) (A) With the signed statement, the person shall pay the fine and court costs in an amount as established by the district court or city court within the limits prescribed by law. (B) Fines and court costs shall be paid to the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in the district courts and city courts of this state; (3) The court shall accept the signed statement accompanied by the fine and court costs assessed as a plea of guilty or nolo contendere and shall proceed accordingly; and (4) Submitting payment under subdivision (2)(A) of this section through a website constitutes an agreement to be bound by an electronic record under the Arkansas Electronic Records and Signatures Act, § 25-31-101 et seq., and complies in all respects with the requirements of this section. Amended by Act 2015, No. 299,§ 22, eff. 7/22/2015. Acts 2005, No. 1934, § 25; 2009, No. 633, § 12; 2011, No. 1218, § 4.

Notwithstanding any rule of criminal procedure to the contrary:

(1) A person who is charged in district court with committing an offense, excluding a violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq., or any other offense for which a court appearance is mandatory, may waive appearance and trial and plead guilty or nolo contendere by a signed statement;

(2) (A) With the signed statement, the person shall pay the fine and court costs in an amount as established by the district court or city court within the limits prescribed by law. (B) Fines and court costs shall be paid to the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in the district courts and city courts of this state;

(A) With the signed statement, the person shall pay the fine and court costs in an amount as established by the district court or city court within the limits prescribed by law.

(B) Fines and court costs shall be paid to the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in the district courts and city courts of this state;

(3) The court shall accept the signed statement accompanied by the fine and court costs assessed as a plea of guilty or nolo contendere and shall proceed accordingly; and

(4) Submitting payment under subdivision (2)(A) of this section through a website constitutes an agreement to be bound by an electronic record under the Arkansas Electronic Records and Signatures Act, § 25-31-101 et seq., and complies in all respects with the requirements of this section.

Amended by Act 2015, No. 299,§ 22, eff. 7/22/2015.

Acts 2005, No. 1934, § 25; 2009, No. 633, § 12; 2011, No. 1218, § 4.
Ark. Code Ann. § 16-43-405 — AR Code / Title 16 / Chapter 43 / Subchapter 4 / Section 16-43-405
Uniformity of interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. Acts 1935, No. 65, § 4; A.S.A. 1947, § 43-2008.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

Acts 1935, No. 65, § 4; A.S.A. 1947, § 43-2008.
Ark. Code Ann. § 16-112-207 — AR Code / Title 16 / Chapter 112 / Subchapter 2 / Section 16-112-207
Appointment of counsel - Latent fingerprinting services
Status: in_force

(a) (1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys. (2) The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section. (b) (1) (A) With the approval of the court, petitioners may use the services of the State Crime Laboratory for latent fingerprinting identification, deoxyribonucleic acid (DNA) testing, and other tests which may become available through advances in technology. (B) (i) If approved by the court, the laboratory shall provide the requested services. (ii) Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense. (iii) Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing. (2) Subdivision (b)(1) of this section shall not apply to any tests before trial of a matter that will be governed by relevant constitutional provisions, statutory law, or court rules. (c) The Executive Director of the Arkansas Public Defender Commission and the laboratory shall give priority to claims based on factors including: (1) The opportunity for conclusive or near conclusive proof through scientific evidence that the person is actually innocent; and (2) A lengthy sentence of imprisonment or a death sentence. Acts 2001, No. 1780, § 10.

(a) (1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys. (2) The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section.

(1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys.

(2) The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section.

(b) (1) (A) With the approval of the court, petitioners may use the services of the State Crime Laboratory for latent fingerprinting identification, deoxyribonucleic acid (DNA) testing, and other tests which may become available through advances in technology. (B) (i) If approved by the court, the laboratory shall provide the requested services. (ii) Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense. (iii) Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing. (2) Subdivision (b)(1) of this section shall not apply to any tests before trial of a matter that will be governed by relevant constitutional provisions, statutory law, or court rules.

(1) (A) With the approval of the court, petitioners may use the services of the State Crime Laboratory for latent fingerprinting identification, deoxyribonucleic acid (DNA) testing, and other tests which may become available through advances in technology. (B) (i) If approved by the court, the laboratory shall provide the requested services. (ii) Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense. (iii) Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing.

(A) With the approval of the court, petitioners may use the services of the State Crime Laboratory for latent fingerprinting identification, deoxyribonucleic acid (DNA) testing, and other tests which may become available through advances in technology.

(B) (i) If approved by the court, the laboratory shall provide the requested services. (ii) Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense. (iii) Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing.

(i) If approved by the court, the laboratory shall provide the requested services.

(ii) Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense.

(iii) Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing.

(2) Subdivision (b)(1) of this section shall not apply to any tests before trial of a matter that will be governed by relevant constitutional provisions, statutory law, or court rules.

(c) The Executive Director of the Arkansas Public Defender Commission and the laboratory shall give priority to claims based on factors including: (1) The opportunity for conclusive or near conclusive proof through scientific evidence that the person is actually innocent; and (2) A lengthy sentence of imprisonment or a death sentence.

(1) The opportunity for conclusive or near conclusive proof through scientific evidence that the person is actually innocent; and

(2) A lengthy sentence of imprisonment or a death sentence.

Acts 2001, No. 1780, § 10.
Ark. Code Ann. § 16-23-101 — AR Code / Title 16 / Chapter 23 / Section 16-23-101
Authorization
Status: in_force

(a) Any county of this state is authorized to own, operate, and maintain a county law library and, in connection therewith, to own, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning books, volumes, treatises, pamphlets, and other educational materials useful for the purpose of legal education and to use therefor any available funds, including proceeds of the court costs levied and collected pursuant to the provisions of this chapter. (b) The funds derived from the levy of costs in criminal and civil cases as provided by this chapter may be used for any purpose relating to the establishment, maintenance, and operation of a county law library, including, but not limited to: (1) Construction, renovation, and maintenance of facilities to house such libraries; (2) The purchase of books, supplies, furnishings, and appointments; (3) The payment of salaries and expenses of librarians and assistants; and (4) Such other expenditures necessary to carry out the purpose and intent of this chapter. (c) (1) Each county which has two (2) judicial districts, an organized bar association organized in each district prior to March 1, 1991, and a county law library established prior to March 1, 1991, shall create a county law library to be located within each judicial district. (2) The court costs levied under this chapter and collected by the courts within the judicial districts shall be used only for the county law library located within that judicial district. Acts 1971, No. 284, § 1; 1985, No. 915, § 1; A.S.A. 1947, § 25-504; Acts 1991, No. 1241, § 1.

(a) Any county of this state is authorized to own, operate, and maintain a county law library and, in connection therewith, to own, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning books, volumes, treatises, pamphlets, and other educational materials useful for the purpose of legal education and to use therefor any available funds, including proceeds of the court costs levied and collected pursuant to the provisions of this chapter.

(b) The funds derived from the levy of costs in criminal and civil cases as provided by this chapter may be used for any purpose relating to the establishment, maintenance, and operation of a county law library, including, but not limited to: (1) Construction, renovation, and maintenance of facilities to house such libraries; (2) The purchase of books, supplies, furnishings, and appointments; (3) The payment of salaries and expenses of librarians and assistants; and (4) Such other expenditures necessary to carry out the purpose and intent of this chapter.

(1) Construction, renovation, and maintenance of facilities to house such libraries;

(2) The purchase of books, supplies, furnishings, and appointments;

(3) The payment of salaries and expenses of librarians and assistants; and

(4) Such other expenditures necessary to carry out the purpose and intent of this chapter.

(c) (1) Each county which has two (2) judicial districts, an organized bar association organized in each district prior to March 1, 1991, and a county law library established prior to March 1, 1991, shall create a county law library to be located within each judicial district. (2) The court costs levied under this chapter and collected by the courts within the judicial districts shall be used only for the county law library located within that judicial district.

(1) Each county which has two (2) judicial districts, an organized bar association organized in each district prior to March 1, 1991, and a county law library established prior to March 1, 1991, shall create a county law library to be located within each judicial district.

(2) The court costs levied under this chapter and collected by the courts within the judicial districts shall be used only for the county law library located within that judicial district.

Acts 1971, No. 284, § 1; 1985, No. 915, § 1; A.S.A. 1947, § 25-504; Acts 1991, No. 1241, § 1.
Ark. Code Ann. § 16-107-208 — AR Code / Title 16 / Chapter 107 / Subchapter 2 / Section 16-107-208
Official bonds - Judgment
Status: in_force

(a) Whenever a judgment shall be obtained on any official bond, against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his or her attorney, to levy the amount, in the first place, on the property of the principal and, if sufficient property of the principal cannot be found to satisfy the execution, then to levy the deficiency on the property of the sureties. (b) If several judgments are obtained at the same time upon any official bond for damages amounting in the whole to more than the sum for which the sureties are liable, the court shall order the moneys levied from the property of the sureties on the judgments to be divided and distributed among the persons to whose use the judgments were rendered respectively, in proportion to the amount of their respective recoveries. Rev. Stat., ch. 112, §§ 25, 26; C. & M. Dig., §§ 8184, 8185; Pope's Dig., §§ 10615, 10616; A.S.A. 1947, §§ 34-325, 34-326.

(a) Whenever a judgment shall be obtained on any official bond, against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his or her attorney, to levy the amount, in the first place, on the property of the principal and, if sufficient property of the principal cannot be found to satisfy the execution, then to levy the deficiency on the property of the sureties.

(b) If several judgments are obtained at the same time upon any official bond for damages amounting in the whole to more than the sum for which the sureties are liable, the court shall order the moneys levied from the property of the sureties on the judgments to be divided and distributed among the persons to whose use the judgments were rendered respectively, in proportion to the amount of their respective recoveries.

Rev. Stat., ch. 112, §§ 25, 26; C. & M. Dig., §§ 8184, 8185; Pope's Dig., §§ 10615, 10616; A.S.A. 1947, §§ 34-325, 34-326.