Ark. Code Ann. § 16-10-1107 — AR Code / Title 16 / Chapter 10 / Subchapter 11 / Section 16-10-1107
Confidential communications in presence of interpreter
Status: in_force

An interpreter appointed under this subchapter shall not be compelled to testify in a court proceeding as to any statements made by the person with limited English proficiency and interpreted by the interpreter when the person with limited English proficiency is engaged in a privileged communication recognized by the Arkansas Rules of Evidence. Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.

An interpreter appointed under this subchapter shall not be compelled to testify in a court proceeding as to any statements made by the person with limited English proficiency and interpreted by the interpreter when the person with limited English proficiency is engaged in a privileged communication recognized by the Arkansas Rules of Evidence.

Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-92-102 — AR Code / Title 16 / Chapter 92 / Section 16-92-102
Costs and fees - Execution
Status: in_force

(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as executions in civil cases. The property of the defendant may be seized and sold, notwithstanding that he or she may be in custody for the same demand. (b) In every case where a witness is summoned by a special subpoena to testify in a particular case in which an indictment may be found, it shall be the duty of the clerk to tax the attendance of the witness with the cost of the suit, to be collected from the defendant, in the event that judgment shall be rendered against him or her therefor, and to be paid into the county treasury. Rev. Stat., ch. 45, § 203; Acts 1857, § 2, p. 131; Crim. Code, § 296; C. & M. Dig., § 3271; Pope's Dig., § 4117; A.S.A. 1947, § 43-2404.

(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as executions in civil cases. The property of the defendant may be seized and sold, notwithstanding that he or she may be in custody for the same demand.

(b) In every case where a witness is summoned by a special subpoena to testify in a particular case in which an indictment may be found, it shall be the duty of the clerk to tax the attendance of the witness with the cost of the suit, to be collected from the defendant, in the event that judgment shall be rendered against him or her therefor, and to be paid into the county treasury.

Rev. Stat., ch. 45, § 203; Acts 1857, § 2, p. 131; Crim. Code, § 296; C. & M. Dig., § 3271; Pope's Dig., § 4117; A.S.A. 1947, § 43-2404.
Ark. Code Ann. § 16-90-708 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-708
Application forms - Cooperation by applicant
Status: in_force

(a) Each law enforcement agency in the state shall keep application forms prepared and provided by the Crime Victims Reparations Board and make them available to any person upon request. (b) The board may contact any law enforcement agency to determine if an applicant has cooperated with that law enforcement agency in the identification, apprehension, and conviction of the perpetrator of the crime. Acts 1987, No. 817, § 7.

(a) Each law enforcement agency in the state shall keep application forms prepared and provided by the Crime Victims Reparations Board and make them available to any person upon request.

(b) The board may contact any law enforcement agency to determine if an applicant has cooperated with that law enforcement agency in the identification, apprehension, and conviction of the perpetrator of the crime.

Acts 1987, No. 817, § 7.
Ark. Code Ann. § 16-100-203 — AR Code / Title 16 / Chapter 100 / Subchapter 2 / Section 16-100-203
Establishment of mental health specialty court
Status: in_force

(a) A mental health specialty court is a specialized court within the existing structure of the court system. (b) A mental health specialty court program shall offer judicial monitoring of intensive mental health treatment and strict supervision of mental health specialty court program participants. (c) The creation of a mental health specialty court and the appointment of a circuit judge to the mental health specialty court shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order No. 14. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

(a) A mental health specialty court is a specialized court within the existing structure of the court system.

(b) A mental health specialty court program shall offer judicial monitoring of intensive mental health treatment and strict supervision of mental health specialty court program participants.

(c) The creation of a mental health specialty court and the appointment of a circuit judge to the mental health specialty court shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order No. 14.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-110-134 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-134
Intervention before sale
Status: in_force

(a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or an interest in, or lien on it under any other attachment, or otherwise, and set forth the facts upon which the claim is founded, and his or her claim shall be investigated. (b) A nonresident claimant shall, in such cases, give security for costs. (c) The court may hear the proof, may order a reference to a commissioner, or may impanel a jury to inquire into the facts. (d) If it is found that the claimant has a title to, a lien on, or any interest in the property, the court shall make such order as may be necessary to protect his or her rights. (e) The costs of this proceeding shall be paid by either party, at the discretion of the court. (f) Where several attachments are executed on the same property, the court, on the motion of any one (1) of the attaching plaintiffs, may order a reference to a commissioner, to ascertain and report the amounts and priorities of the several attachments. Civil Code, § 257; C. & M. Dig., §§ 544-547; Pope's Dig., §§ 581-584; A.S.A. 1947, § 31-157.

(a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or an interest in, or lien on it under any other attachment, or otherwise, and set forth the facts upon which the claim is founded, and his or her claim shall be investigated.

(b) A nonresident claimant shall, in such cases, give security for costs.

(c) The court may hear the proof, may order a reference to a commissioner, or may impanel a jury to inquire into the facts.

(d) If it is found that the claimant has a title to, a lien on, or any interest in the property, the court shall make such order as may be necessary to protect his or her rights.

(e) The costs of this proceeding shall be paid by either party, at the discretion of the court.

(f) Where several attachments are executed on the same property, the court, on the motion of any one (1) of the attaching plaintiffs, may order a reference to a commissioner, to ascertain and report the amounts and priorities of the several attachments.

Civil Code, § 257; C. & M. Dig., §§ 544-547; Pope's Dig., §§ 581-584; A.S.A. 1947, § 31-157.
Ark. Code Ann. § 16-61-208 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-208
Constitutionality
Status: in_force

If any provision of this subchapter, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable. Acts 1941, No. 315, § 8.

If any provision of this subchapter, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable.

Acts 1941, No. 315, § 8.
Ark. Code Ann. § 16-13-216 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-216
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 5, eff. 8/1/2023. Acts 1961, No. 14, § 1; 1968 (1st Ex. Sess.), No. 66, § 1; A.S.A. 1947, § 22-361.

Repealed by Act 2023, No. 177,§ 5, eff. 8/1/2023.

Acts 1961, No. 14, § 1; 1968 (1st Ex. Sess.), No. 66, § 1; A.S.A. 1947, § 22-361.
Ark. Code Ann. § 16-112-110 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-110
Failure to produce petitioner
Status: in_force

If any person on whom a writ of habeas corpus is served fails to bring the body of the petitioner, with a return of the cause of his or her detention, at the time and place specified in the writ, he or she shall forfeit and pay the prisoner one thousand dollars ($1,000). Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5107; Pope's Dig., § 6370; A.S.A. 1947, § 34-1723.

If any person on whom a writ of habeas corpus is served fails to bring the body of the petitioner, with a return of the cause of his or her detention, at the time and place specified in the writ, he or she shall forfeit and pay the prisoner one thousand dollars ($1,000).

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5107; Pope's Dig., § 6370; A.S.A. 1947, § 34-1723.
Ark. Code Ann. § 16-90-1006 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1006
Misuse of information
Status: in_force

(a) A person who is a member or employee of the Crime Victims Reparations Board or who accepts the report of criminal activity on behalf of a local crime stoppers program commits an offense if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content of a report of a criminal act or the identity of the person who made the report without the consent of the person who made the report. (b) An offense under this section is a Class A misdemeanor. Acts 1995, No. 1300, § 5.

(a) A person who is a member or employee of the Crime Victims Reparations Board or who accepts the report of criminal activity on behalf of a local crime stoppers program commits an offense if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content of a report of a criminal act or the identity of the person who made the report without the consent of the person who made the report.

(b) An offense under this section is a Class A misdemeanor.

Acts 1995, No. 1300, § 5.
Ark. Code Ann. § 16-116-205 — AR Code / Title 16 / Chapter 116 / Subchapter 2 / Section 16-116-205
Defenses generally
Status: in_force

(a) Compliance by a manufacturer or supplier with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards of design, inspection, testing, manufacture, labeling, warning, or instructions for use of a product shall be considered as evidence that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards. (b) Supplying of a product after its anticipated life may be considered as a defense by the manufacturer as between the manufacturer and supplier if the product is supplied after the expiration date placed on the product by the manufacturer as required by law. (c) Use of a product beyond its anticipated life by a consumer where the consumer knew or should have known the anticipated life of the product may be considered as evidence of fault on the part of the consumer. Acts 1979, No. 511, § 4; A.S.A. 1947, § 34-2804.

(a) Compliance by a manufacturer or supplier with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards of design, inspection, testing, manufacture, labeling, warning, or instructions for use of a product shall be considered as evidence that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards.

(b) Supplying of a product after its anticipated life may be considered as a defense by the manufacturer as between the manufacturer and supplier if the product is supplied after the expiration date placed on the product by the manufacturer as required by law.

(c) Use of a product beyond its anticipated life by a consumer where the consumer knew or should have known the anticipated life of the product may be considered as evidence of fault on the part of the consumer.

Acts 1979, No. 511, § 4; A.S.A. 1947, § 34-2804.
Ark. Code Ann. § 16-110-205 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-205
Security and bond
Status: in_force

(a) In every case the plaintiff shall be required to give security for the damage to the defendant in an adequate sum to be specified in the order granting the attachment. (b) When it may be proper, the court, or judge or clerk thereof, may direct that the defendant or person in possession of the attached property be permitted to retain it upon giving bond, with security, for such sum as the court, or judge or clerk thereof, may prescribe. (c) No order of attachment shall be issued by the clerk until the bond on the part of the plaintiff required by the order of the court, or judge or clerk thereof, is executed and filed in his or her office by one (1) or more sufficient securities of the plaintiff. Civil Code, §§ 267, 268; Acts 1877, No. 49, §§ 2, 3, p. 48; C. & M. Dig., §§ 557, 558; Pope's Dig., §§ 594, 595; A.S.A. 1947, §§ 31-304, 31-305.

(a) In every case the plaintiff shall be required to give security for the damage to the defendant in an adequate sum to be specified in the order granting the attachment.

(b) When it may be proper, the court, or judge or clerk thereof, may direct that the defendant or person in possession of the attached property be permitted to retain it upon giving bond, with security, for such sum as the court, or judge or clerk thereof, may prescribe.

(c) No order of attachment shall be issued by the clerk until the bond on the part of the plaintiff required by the order of the court, or judge or clerk thereof, is executed and filed in his or her office by one (1) or more sufficient securities of the plaintiff.

Civil Code, §§ 267, 268; Acts 1877, No. 49, §§ 2, 3, p. 48; C. & M. Dig., §§ 557, 558; Pope's Dig., §§ 594, 595; A.S.A. 1947, §§ 31-304, 31-305.
Ark. Code Ann. § 16-93-314 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-314
Probation generally - Discharge
Status: in_force

(a) (1) The court may discharge the defendant from probation at any time. (2) If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspension or probation, the court shall discharge the defendant and dismiss any proceedings against him or her. (b) (1) Subject to the provisions of §§ 5-4-501 - 5-4-504 , a person against whom proceedings are discharged or dismissed under subsection (a) of this section may seek to have the criminal record sealed, consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. (2) This subsection does not apply if: (A) The person applying for discharge has been convicted of a sexual offense as defined by § 5-14-101 et seq., unless the offense was a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and (B) The victim was under eighteen (18) years of age. Amended by Act 2023, No. 619,§ 20, eff. 8/1/2023. Amended by Act 2013, No. 1460,§ 13, eff. 1/1/2014. Acts 2011, No. 570, § 90.

(a) (1) The court may discharge the defendant from probation at any time. (2) If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspension or probation, the court shall discharge the defendant and dismiss any proceedings against him or her.

(1) The court may discharge the defendant from probation at any time.

(2) If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspension or probation, the court shall discharge the defendant and dismiss any proceedings against him or her.

(b) (1) Subject to the provisions of §§ 5-4-501 - 5-4-504 , a person against whom proceedings are discharged or dismissed under subsection (a) of this section may seek to have the criminal record sealed, consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. (2) This subsection does not apply if: (A) The person applying for discharge has been convicted of a sexual offense as defined by § 5-14-101 et seq., unless the offense was a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and (B) The victim was under eighteen (18) years of age.

(1) Subject to the provisions of §§ 5-4-501 - 5-4-504 , a person against whom proceedings are discharged or dismissed under subsection (a) of this section may seek to have the criminal record sealed, consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(2) This subsection does not apply if: (A) The person applying for discharge has been convicted of a sexual offense as defined by § 5-14-101 et seq., unless the offense was a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and (B) The victim was under eighteen (18) years of age.

(A) The person applying for discharge has been convicted of a sexual offense as defined by § 5-14-101 et seq., unless the offense was a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and

(B) The victim was under eighteen (18) years of age.

Amended by Act 2023, No. 619,§ 20, eff. 8/1/2023.

Amended by Act 2013, No. 1460,§ 13, eff. 1/1/2014.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-64-116 — AR Code / Title 16 / Chapter 64 / Section 16-64-116
Conduct of jury after submission of case
Status: in_force

(a) When the case is finally submitted to the jury, they may decide in court or retire for deliberation. (b) (1) If the jury retires, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the court, subject to the discretion of the court to permit them to separate temporarily at night and at their meals. (2) The officer having them under his or her charge shall not allow any communication to be made to them, or make any himself or herself, except to ask them if they have agreed upon their verdict, unless by order of the court, and he or she shall not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon. Civil Code, § 351; C. & M. Dig., § 1294; Pope's Dig., § 1519; A.S.A. 1947, § 27-1732.

(a) When the case is finally submitted to the jury, they may decide in court or retire for deliberation.

(b) (1) If the jury retires, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the court, subject to the discretion of the court to permit them to separate temporarily at night and at their meals. (2) The officer having them under his or her charge shall not allow any communication to be made to them, or make any himself or herself, except to ask them if they have agreed upon their verdict, unless by order of the court, and he or she shall not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.

(1) If the jury retires, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the court, subject to the discretion of the court to permit them to separate temporarily at night and at their meals.

(2) The officer having them under his or her charge shall not allow any communication to be made to them, or make any himself or herself, except to ask them if they have agreed upon their verdict, unless by order of the court, and he or she shall not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.

Civil Code, § 351; C. & M. Dig., § 1294; Pope's Dig., § 1519; A.S.A. 1947, § 27-1732.
Ark. Code Ann. § 16-89-119 — AR Code / Title 16 / Chapter 89 / Section 16-89-119
Lack of jurisdiction
Status: in_force

(a) If, during the trial, it shall appear that the offense was committed out of the jurisdiction of the court, but within the jurisdiction of some other court of this state, the court shall stop the trial, discharge the jury, and take the proceedings in the case as directed in § 16-85-708 . (b) If it appears the offense was committed out of the state, the trial shall be stopped as in subsection (a) of this section and the defendant either discharged or ordered to be retained in custody for a reasonable time until the counsel for the state shall have an opportunity to inform the chief executive officer of the state in which the offense was committed of the facts and for that officer to require the delivery of the offender. Crim. Code, §§ 229, 230; C. & M. Dig., §§ 3197, 3198; Pope's Dig., §§ 4033, 4034; A.S.A. 1947, §§ 43-2123, 43-2124.

(a) If, during the trial, it shall appear that the offense was committed out of the jurisdiction of the court, but within the jurisdiction of some other court of this state, the court shall stop the trial, discharge the jury, and take the proceedings in the case as directed in § 16-85-708 .

(b) If it appears the offense was committed out of the state, the trial shall be stopped as in subsection (a) of this section and the defendant either discharged or ordered to be retained in custody for a reasonable time until the counsel for the state shall have an opportunity to inform the chief executive officer of the state in which the offense was committed of the facts and for that officer to require the delivery of the offender.

Crim. Code, §§ 229, 230; C. & M. Dig., §§ 3197, 3198; Pope's Dig., §§ 4033, 4034; A.S.A. 1947, §§ 43-2123, 43-2124.
Ark. Code Ann. § 16-64-120 — AR Code / Title 16 / Chapter 64 / Section 16-64-120
Recovery of damages
Status: in_force

Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he or she may be entitled for the cause of action established. Civil Code, § 376; A.S.A. 1947, § 27-1730.

Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he or she may be entitled for the cause of action established.

Civil Code, § 376; A.S.A. 1947, § 27-1730.
Ark. Code Ann. § 16-92-114 — AR Code / Title 16 / Chapter 92 / Section 16-92-114
Fines - Abstract
Status: in_force

(a) At the close of the term of each circuit court, the clerk of the circuit court shall furnish to the clerk of the county court an official abstract of all fines, penalties, and forfeitures adjudged against defendants during the term of the circuit court. (b) The abstract shall contain the style of each case, the full name of the parties, and amount of each fine, and the penalty and forfeiture separately. Acts 1883, No. 114, § 219, p. 199; C. & M. Dig., § 10190; Pope's Dig., § 13973; A.S.A. 1947, § 43-2502.

(a) At the close of the term of each circuit court, the clerk of the circuit court shall furnish to the clerk of the county court an official abstract of all fines, penalties, and forfeitures adjudged against defendants during the term of the circuit court.

(b) The abstract shall contain the style of each case, the full name of the parties, and amount of each fine, and the penalty and forfeiture separately.

Acts 1883, No. 114, § 219, p. 199; C. & M. Dig., § 10190; Pope's Dig., § 13973; A.S.A. 1947, § 43-2502.
Ark. Code Ann. § 16-13-2102 — AR Code / Title 16 / Chapter 13 / Subchapter 21 / Section 16-13-2102
Terms of court
Status: in_force

The terms of the circuit court of the Thirteenth Judicial District shall begin in each county of the district as follows: (1) Calhoun County: On the second Mondays in January and July; (2) Union County: On the second Mondays in March and September; (3) Columbia County: On the second Mondays in April and October; (4) Ouachita County: On the second Mondays in May and November; (5) Dallas County: On the second Mondays in June and December; and (6) Cleveland County: On the second Mondays in February and August. Acts 1907, No. 460, § 2, p. 1238; 1939, No. 22, § 1; 1941, No. 49, § 1; 1949, No. 52, § 11; 1949, No. 130, § 1; 1957, No. 402, § 1; 1959, No. 172, § 1; 1979, No. 771, § 10; A.S.A. 1947, §§ 22-310, 22-310n.

The terms of the circuit court of the Thirteenth Judicial District shall begin in each county of the district as follows:

(1) Calhoun County: On the second Mondays in January and July;

(2) Union County: On the second Mondays in March and September;

(3) Columbia County: On the second Mondays in April and October;

(4) Ouachita County: On the second Mondays in May and November;

(5) Dallas County: On the second Mondays in June and December; and

(6) Cleveland County: On the second Mondays in February and August.

Acts 1907, No. 460, § 2, p. 1238; 1939, No. 22, § 1; 1941, No. 49, § 1; 1949, No. 52, § 11; 1949, No. 130, § 1; 1957, No. 402, § 1; 1959, No. 172, § 1; 1979, No. 771, § 10; A.S.A. 1947, §§ 22-310, 22-310n.
Ark. Code Ann. § 16-21-101 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-101
Residence
Status: in_force

Each prosecuting attorney shall reside in the judicial district for which he may be elected, under the provisions of the Constitution of this state. Acts 1981, No. 888, § 1; A.S.A. 1947, § 24-135.

Each prosecuting attorney shall reside in the judicial district for which he may be elected, under the provisions of the Constitution of this state.

Acts 1981, No. 888, § 1; A.S.A. 1947, § 24-135.
Ark. Code Ann. § 16-93-702 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-702
Procedures - Required recommendations
Status: in_force

(a) Before the Post-Prison Transfer Board shall grant any parole, the board shall solicit the written or oral recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed. (b) If the person whose parole is being considered by the board was convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, or any violent or sexual offense, the board shall also notify the victim of the crime, or the victim's next of kin, of the parole hearing and shall solicit written or oral recommendations of the victim or the victim's next of kin regarding the granting of the parole, unless the prosecuting attorney has notified the board at the time of commitment of the prisoner that the victim or the victim's next of kin does not want to be notified of future parole hearings. (c) The board shall retain a copy of the recommendations in the board's file. (d) The recommendations shall not be binding upon the board in the granting of any parole but shall be maintained in a file that shall be open to the public during reasonable business hours. (e) When soliciting recommendations from a victim of a crime, the board shall notify the victim or the victim's next of kin of the date, time, and place of the parole hearing. Amended by Act 2023, No. 659,§ 199, eff. 1/1/2024. Acts 1969, No. 153, § 1; 1981, No. 530, § 1; 1983, No. 8, § 1; 1983, No. 246, § 1; 1985, No. 269, § 1; 1985, No. 917, § 1; A.S.A. 1947, § 43-2819; Acts 1997, No. 1262, § 17; 2011, No. 570, § 104.

(a) Before the Post-Prison Transfer Board shall grant any parole, the board shall solicit the written or oral recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed.

(b) If the person whose parole is being considered by the board was convicted of capital murder, § 5-10-101 , or of a Class Y felony, Class A felony, or Class B felony, or any violent or sexual offense, the board shall also notify the victim of the crime, or the victim's next of kin, of the parole hearing and shall solicit written or oral recommendations of the victim or the victim's next of kin regarding the granting of the parole, unless the prosecuting attorney has notified the board at the time of commitment of the prisoner that the victim or the victim's next of kin does not want to be notified of future parole hearings.

(c) The board shall retain a copy of the recommendations in the board's file.

(d) The recommendations shall not be binding upon the board in the granting of any parole but shall be maintained in a file that shall be open to the public during reasonable business hours.

(e) When soliciting recommendations from a victim of a crime, the board shall notify the victim or the victim's next of kin of the date, time, and place of the parole hearing.

Amended by Act 2023, No. 659,§ 199, eff. 1/1/2024.

Acts 1969, No. 153, § 1; 1981, No. 530, § 1; 1983, No. 8, § 1; 1983, No. 246, § 1; 1985, No. 269, § 1; 1985, No. 917, § 1; A.S.A. 1947, § 43-2819; Acts 1997, No. 1262, § 17; 2011, No. 570, § 104.
Ark. Code Ann. § 16-19-303 — AR Code / Title 16 / Chapter 19 / Subchapter 3 / Section 16-19-303
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023. Rev. Stat., ch. 29, §§ 19, 20; C. & M. Dig., §§ 1453, 1454; Pope's Dig., §§ 1754, 1755; A.S.A. 1947, §§ 26-1508, 26-1509.

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023.

Rev. Stat., ch. 29, §§ 19, 20; C. & M. Dig., §§ 1453, 1454; Pope's Dig., §§ 1754, 1755; A.S.A. 1947, §§ 26-1508, 26-1509.
Ark. Code Ann. § 16-66-505 — AR Code / Title 16 / Chapter 66 / Subchapter 5 / Section 16-66-505
Redemption from judgment creditor by purchaser
Status: in_force

(a) Unless the purchaser, within thirty (30) days from the filing of the statement and the making of the endorsement mentioned in § 16-66-504 , pays to the officer the amount so bid by the judgment creditor, the endorsement shall operate as a redemption of the property by the judgment creditor and he or she shall succeed to all the rights and liabilities of the purchaser. (b) If the purchaser pays within the time allowed the amount so bid by the judgment creditor to the officer, it shall bar the redemption. The right of redemption of the judgment creditor as against the purchaser or anyone redeeming from him or her shall be forever foreclosed. (c) (1) If the purchaser fails to pay over to the officer the amount of the bid as provided in this section, the officer shall pay over to the purchaser the amount so paid by the judgment creditor and credit the execution of the judgment creditor with the amount so bid by him or her, after deducting costs and commissions, and shall execute to the judgment creditor a certificate of sale, in which shall be included as the price paid the amount paid to the purchaser and the amount of the bid of the judgment creditor. (2) The judgment creditor shall for all purposes of this subchapter be regarded as the purchaser of the property at the price mentioned in the certificate of sale executed to him or her. (d) Any other judgment creditor may in the same manner redeem from the judgment creditor or each succeeding judgment creditor who may redeem under the provisions of this section. (e) No redemption shall be allowed after twelve (12) months from the day of the original sale. Civil Code, § 695; C. & M. Dig., § 4332; Pope's Dig., § 5344; A.S.A. 1947, § 30-443.

(a) Unless the purchaser, within thirty (30) days from the filing of the statement and the making of the endorsement mentioned in § 16-66-504 , pays to the officer the amount so bid by the judgment creditor, the endorsement shall operate as a redemption of the property by the judgment creditor and he or she shall succeed to all the rights and liabilities of the purchaser.

(b) If the purchaser pays within the time allowed the amount so bid by the judgment creditor to the officer, it shall bar the redemption. The right of redemption of the judgment creditor as against the purchaser or anyone redeeming from him or her shall be forever foreclosed.

(c) (1) If the purchaser fails to pay over to the officer the amount of the bid as provided in this section, the officer shall pay over to the purchaser the amount so paid by the judgment creditor and credit the execution of the judgment creditor with the amount so bid by him or her, after deducting costs and commissions, and shall execute to the judgment creditor a certificate of sale, in which shall be included as the price paid the amount paid to the purchaser and the amount of the bid of the judgment creditor. (2) The judgment creditor shall for all purposes of this subchapter be regarded as the purchaser of the property at the price mentioned in the certificate of sale executed to him or her.

(1) If the purchaser fails to pay over to the officer the amount of the bid as provided in this section, the officer shall pay over to the purchaser the amount so paid by the judgment creditor and credit the execution of the judgment creditor with the amount so bid by him or her, after deducting costs and commissions, and shall execute to the judgment creditor a certificate of sale, in which shall be included as the price paid the amount paid to the purchaser and the amount of the bid of the judgment creditor.

(2) The judgment creditor shall for all purposes of this subchapter be regarded as the purchaser of the property at the price mentioned in the certificate of sale executed to him or her.

(d) Any other judgment creditor may in the same manner redeem from the judgment creditor or each succeeding judgment creditor who may redeem under the provisions of this section.

(e) No redemption shall be allowed after twelve (12) months from the day of the original sale.

Civil Code, § 695; C. & M. Dig., § 4332; Pope's Dig., § 5344; A.S.A. 1947, § 30-443.
Ark. Code Ann. § 16-55-209 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-209
No right to punitive damages
Status: in_force

Nothing in § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , 16-114-209 , and 16-114-210 - 16-114-212 shall be construed as creating a right to an award of punitive damages. Acts 2003, No. 649, § 12.

Nothing in § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , 16-114-209 , and 16-114-210 - 16-114-212 shall be construed as creating a right to an award of punitive damages.

Acts 2003, No. 649, § 12.
Ark. Code Ann. § 16-119-103 — AR Code / Title 16 / Chapter 119 / Section 16-119-103
Restoration of destroyed judgments generally
Status: in_force

(a) If any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, have obtained any allowance, judgment, or decree, either for money or any kind of property, or for the performance of any act, in a probate court, county court, or chancery court existing in any county in the State of Arkansas prior to July 1, 2001, or in any circuit court against any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, the person or persons may file in the office of the clerk of the circuit court a petition, addressed to the circuit court, setting forth therein the amount, nature, and substance of the allowance, judgment, or decree and that the allowance, judgment, or decree has been lost, destroyed, or burned. (b) Upon the hearing of the petition, if the circuit court is advised of the truth of the matter contained in the petition, it shall thereupon order, adjudge, or decree, as the case may be, that the allowance, judgment, or decree, in conformity with the allegations in the petition, be reinstated upon the records of the circuit court to have the same force and effect and to relate back and take effect from the time when the original allowance, judgment, or decree was rendered. Acts 1855, § 1, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10939, 10942; A.S.A. 1947, §§ 16-403, 16-411, 16-412; Acts 2003, No. 1185, § 245.

(a) If any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, have obtained any allowance, judgment, or decree, either for money or any kind of property, or for the performance of any act, in a probate court, county court, or chancery court existing in any county in the State of Arkansas prior to July 1, 2001, or in any circuit court against any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, the person or persons may file in the office of the clerk of the circuit court a petition, addressed to the circuit court, setting forth therein the amount, nature, and substance of the allowance, judgment, or decree and that the allowance, judgment, or decree has been lost, destroyed, or burned.

(b) Upon the hearing of the petition, if the circuit court is advised of the truth of the matter contained in the petition, it shall thereupon order, adjudge, or decree, as the case may be, that the allowance, judgment, or decree, in conformity with the allegations in the petition, be reinstated upon the records of the circuit court to have the same force and effect and to relate back and take effect from the time when the original allowance, judgment, or decree was rendered.

Acts 1855, § 1, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10939, 10942; A.S.A. 1947, §§ 16-403, 16-411, 16-412; Acts 2003, No. 1185, § 245.
Ark. Code Ann. § 16-96-106 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-106
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 305; C. & M. Dig., § 3293; Pope's Dig., § 4141; A.S.A. 1947, § 44-108.

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

Crim. Code, § 305; C. & M. Dig., § 3293; Pope's Dig., § 4141; A.S.A. 1947, § 44-108.
Ark. Code Ann. § 16-55-115 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-115
Notice - Additional method of service
Status: in_force

(a) Wherever, in connection with the taking of depositions, the filing of motions, or in any other matters either during the pendency of a suit or prior to a litigation, the law requires the service of notice by one (1) person upon another, except in the case of service of a summons, that notice may be served by registered or certified mail, addressed to the person to be served at his or her last known address, or to his or her attorney, if he or she has an attorney employed in connection with the matter in which the notice is to be served, with return receipt requested. The return receipt of the person or his or her attorney or the affidavit of the person making the service shall be evidence of service of the notice. (b) (1) This section shall be cumulative of present methods provided by law for service of notice. (2) Service shall be sufficient by: (A) The method provided for in this section; (B) Any method authorized by law prior to June 13, 1957; or (C) Waiver in writing of service. Acts 1957, No. 288, § 3; A.S.A. 1947, § 27-1212.

(a) Wherever, in connection with the taking of depositions, the filing of motions, or in any other matters either during the pendency of a suit or prior to a litigation, the law requires the service of notice by one (1) person upon another, except in the case of service of a summons, that notice may be served by registered or certified mail, addressed to the person to be served at his or her last known address, or to his or her attorney, if he or she has an attorney employed in connection with the matter in which the notice is to be served, with return receipt requested. The return receipt of the person or his or her attorney or the affidavit of the person making the service shall be evidence of service of the notice.

(b) (1) This section shall be cumulative of present methods provided by law for service of notice. (2) Service shall be sufficient by: (A) The method provided for in this section; (B) Any method authorized by law prior to June 13, 1957; or (C) Waiver in writing of service.

(1) This section shall be cumulative of present methods provided by law for service of notice.

(2) Service shall be sufficient by: (A) The method provided for in this section; (B) Any method authorized by law prior to June 13, 1957; or (C) Waiver in writing of service.

(A) The method provided for in this section;

(B) Any method authorized by law prior to June 13, 1957; or

(C) Waiver in writing of service.

Acts 1957, No. 288, § 3; A.S.A. 1947, § 27-1212.
Ark. Code Ann. § 16-55-205 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-205
Acting in concert
Status: in_force

(a) Notwithstanding § 16-55-201 , a party is responsible for the fault of another person or entity or for payment of the proportionate share of another person or entity if both the party and the other person or entity were acting in concert or if the other person or entity was acting as an agent or servant of the party. (b) (1) As used in this section, "acting in concert" means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort. (2) "Acting in concert" does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional. (3) A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute "acting in concert" if the person or entity has not consciously agreed with the other to commit the intentional tort. Acts 2003, No. 649, § 5.

(a) Notwithstanding § 16-55-201 , a party is responsible for the fault of another person or entity or for payment of the proportionate share of another person or entity if both the party and the other person or entity were acting in concert or if the other person or entity was acting as an agent or servant of the party.

(b) (1) As used in this section, "acting in concert" means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort. (2) "Acting in concert" does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional. (3) A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute "acting in concert" if the person or entity has not consciously agreed with the other to commit the intentional tort.

(1) As used in this section, "acting in concert" means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort.

(2) "Acting in concert" does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional.

(3) A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute "acting in concert" if the person or entity has not consciously agreed with the other to commit the intentional tort.

Acts 2003, No. 649, § 5.
Ark. Code Ann. § 16-21-155 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-155
Attendance and leave
Status: in_force

The deputy prosecuting attorneys shall be subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq., as administered by the elected prosecuting attorneys by whom they are employed. Acts 1999, No. 1044, § 5.

The deputy prosecuting attorneys shall be subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq., as administered by the elected prosecuting attorneys by whom they are employed.

Acts 1999, No. 1044, § 5.
Ark. Code Ann. § 16-10-113 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-113
Change of term not to affect proceedings
Status: in_force

When any change is made by law in the times of holding any court in this state, the change shall in no way operate to affect or impair, avoid, annul, or discontinue any suit, action, appeal, recognizance, bail bond, notice, or process, original, mesne, or final, taken, instituted, or pending in that court, or returnable to or in that court. However, the suit, action, appeal, etc., shall be and stand valid and effectual in the court at the new term, in every respect, as if no change had been made in the time of holding court. Acts 1856, § 3, p. 27; C. & M. Dig., § 2111; Pope's Dig., § 2716; A.S.A. 1947, § 22-119.

When any change is made by law in the times of holding any court in this state, the change shall in no way operate to affect or impair, avoid, annul, or discontinue any suit, action, appeal, recognizance, bail bond, notice, or process, original, mesne, or final, taken, instituted, or pending in that court, or returnable to or in that court. However, the suit, action, appeal, etc., shall be and stand valid and effectual in the court at the new term, in every respect, as if no change had been made in the time of holding court.

Acts 1856, § 3, p. 27; C. & M. Dig., § 2111; Pope's Dig., § 2716; A.S.A. 1947, § 22-119.
Ark. Code Ann. § 16-84-113 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-113
Application for bail
Status: in_force

(a) If the defendant is committed to jail and the application for bail is made to a judge or magistrate during vacation, it must be by written petition signed by the defendant or his or her counsel briefly stating the offense for which he or she is committed and naming the persons offered as surety. (b) In all other cases, the application may be made orally to the judge or magistrate. Acts 1989, No. 417, § 5; 2005, No. 1994, § 272.

(a) If the defendant is committed to jail and the application for bail is made to a judge or magistrate during vacation, it must be by written petition signed by the defendant or his or her counsel briefly stating the offense for which he or she is committed and naming the persons offered as surety.

(b) In all other cases, the application may be made orally to the judge or magistrate.

Acts 1989, No. 417, § 5; 2005, No. 1994, § 272.
Ark. Code Ann. § 16-107-304 — AR Code / Title 16 / Chapter 107 / Subchapter 3 / Section 16-107-304
Action against cosurety
Status: in_force

(a) When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a security against the principal debtor. (b) No security shall be compelled in any action, as specified in subsection (a) of this section, to pay more than his or her due proportion of the original demand. When the security shall have previously paid any part thereof, he or she shall be liable in the action to pay only so much as the amount already paid by him or her falls short of his or her due proportion of the original demand. Rev. Stat., ch. 137, §§ 6, 7; C. & M. Dig., §§ 8292, 8293; Pope's Dig., §§ 10869, 10870; A.S.A. 1947, §§ 34-338, 34-339.

(a) When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a security against the principal debtor.

(b) No security shall be compelled in any action, as specified in subsection (a) of this section, to pay more than his or her due proportion of the original demand. When the security shall have previously paid any part thereof, he or she shall be liable in the action to pay only so much as the amount already paid by him or her falls short of his or her due proportion of the original demand.

Rev. Stat., ch. 137, §§ 6, 7; C. & M. Dig., §§ 8292, 8293; Pope's Dig., §§ 10869, 10870; A.S.A. 1947, §§ 34-338, 34-339.
Ark. Code Ann. § 16-63-406 — AR Code / Title 16 / Chapter 63 / Subchapter 4 / Section 16-63-406
Stay of proceedings in which party or attorney is a member or an employee of the General Assembly
Status: in_force

(a) (1) Any and all proceedings in suits pending in any of the courts of this state in which any attorney for either party to any suit is the Lieutenant Governor or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all proceedings and suits pending in any of the courts of this state in which the Lieutenant Governor or any member of the General Assembly or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not less than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment, sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly. (2) The motion for a continuance need not be reduced to writing. (3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought. (b) Any and all proceedings and suits pending in any of the courts in this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed or reset if scheduled if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting if the attorney is a member, or an alternate member attending in the place of a regular member, of the committee which is meeting and the attorney requests the continuance of the court no less than three (3) days before the proceeding is to commence. (c) The term "adjournment sine die" as used in this section shall mean the adjournment without the establishment of a day certain for reconvening. (d) The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly, as well as regular sessions. Acts 1981, No. 312, § 1; A.S.A. 1947, § 27-1401.1; Acts 1997, No. 1354, § 35.

(a) (1) Any and all proceedings in suits pending in any of the courts of this state in which any attorney for either party to any suit is the Lieutenant Governor or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all proceedings and suits pending in any of the courts of this state in which the Lieutenant Governor or any member of the General Assembly or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not less than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment, sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly. (2) The motion for a continuance need not be reduced to writing. (3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought.

(1) Any and all proceedings in suits pending in any of the courts of this state in which any attorney for either party to any suit is the Lieutenant Governor or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all proceedings and suits pending in any of the courts of this state in which the Lieutenant Governor or any member of the General Assembly or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not less than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment, sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly.

(2) The motion for a continuance need not be reduced to writing.

(3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought.

(b) Any and all proceedings and suits pending in any of the courts in this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed or reset if scheduled if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting if the attorney is a member, or an alternate member attending in the place of a regular member, of the committee which is meeting and the attorney requests the continuance of the court no less than three (3) days before the proceeding is to commence.

(c) The term "adjournment sine die" as used in this section shall mean the adjournment without the establishment of a day certain for reconvening.

(d) The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly, as well as regular sessions.

Acts 1981, No. 312, § 1; A.S.A. 1947, § 27-1401.1; Acts 1997, No. 1354, § 35.
Ark. Code Ann. § 16-90-601 — AR Code / Title 16 / Chapter 90 / Subchapter 6 / Section 16-90-601
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 5, eff. 1/1/2014. Acts 1977, No. 800, § 1; A.S.A. 1947, § 43-2834; Acts 1995, No. 998, § 3.

Repealed by Act 2013, No. 1460,§ 5, eff. 1/1/2014.

Acts 1977, No. 800, § 1; A.S.A. 1947, § 43-2834; Acts 1995, No. 998, § 3.
Ark. Code Ann. § 16-84-101 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-101
Definitions
Status: in_force

As used in this chapter: (1) "Admission to bail" means an order from a competent court or magistrate that the defendant be discharged from actual custody on bail and fixing the amount of the bail; (2) "Direct supervision" means the person is in the physical presence of and acting pursuant to instructions from an Arkansas-licensed bail bond agent; (3) "Professional bail bondsman" means an individual licensed as a professional bail bondsman by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to § 17-19-201 et seq.; (4) "Professional bail bond company" means a person holding a professional bail bond company license issued by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to § 17-19-201 et seq.; (5) "Surety" means the person who becomes the surety for the appearance of the defendant in court; and (6) (A) "Taking of bail" or "take bail" means the acceptance by a person authorized to take bail of the undertaking of a sufficient surety for the appearance of the defendant according to the terms of the undertaking, or that the surety will pay to the court the sum specified. (B) "Taking of bail" or "take bail" shall not include the fixing of the amount of bail and no person other than a competent court or magistrate shall fix the amount of bail. Acts 1989, No. 417, § 5; 1997, No. 973, § 1; 2001, No. 1387, § 1.

As used in this chapter:

(1) "Admission to bail" means an order from a competent court or magistrate that the defendant be discharged from actual custody on bail and fixing the amount of the bail;

(2) "Direct supervision" means the person is in the physical presence of and acting pursuant to instructions from an Arkansas-licensed bail bond agent;

(3) "Professional bail bondsman" means an individual licensed as a professional bail bondsman by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to § 17-19-201 et seq.;

(4) "Professional bail bond company" means a person holding a professional bail bond company license issued by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to § 17-19-201 et seq.;

(5) "Surety" means the person who becomes the surety for the appearance of the defendant in court; and

(6) (A) "Taking of bail" or "take bail" means the acceptance by a person authorized to take bail of the undertaking of a sufficient surety for the appearance of the defendant according to the terms of the undertaking, or that the surety will pay to the court the sum specified. (B) "Taking of bail" or "take bail" shall not include the fixing of the amount of bail and no person other than a competent court or magistrate shall fix the amount of bail.

(A) "Taking of bail" or "take bail" means the acceptance by a person authorized to take bail of the undertaking of a sufficient surety for the appearance of the defendant according to the terms of the undertaking, or that the surety will pay to the court the sum specified.

(B) "Taking of bail" or "take bail" shall not include the fixing of the amount of bail and no person other than a competent court or magistrate shall fix the amount of bail.

Acts 1989, No. 417, § 5; 1997, No. 973, § 1; 2001, No. 1387, § 1.
Ark. Code Ann. § 16-116-203 — AR Code / Title 16 / Chapter 116 / Subchapter 2 / Section 16-116-203
Limitation on actions
Status: in_force

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs. Acts 1979, No. 511, § 3; A.S.A. 1947, § 34-2803.

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs.

Acts 1979, No. 511, § 3; A.S.A. 1947, § 34-2803.
Ark. Code Ann. § 16-61-101 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 23, eff. 8/16/2013. Civil Code, § 2; C. & M. Dig., § 1032; Pope's Dig., § 1234; A.S.A. 1947, § 27-203.

Repealed by Act 2013, No. 1148,§ 23, eff. 8/16/2013.

Civil Code, § 2; C. & M. Dig., § 1032; Pope's Dig., § 1234; A.S.A. 1947, § 27-203.
Ark. Code Ann. § 16-47-215 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-215
Uniformity of interpretation
Status: in_force

This act shall be so interpreted as to make uniform the laws of those states which enact it. Acts 1943, No. 169, § 13; A.S.A. 1947, § 49-113.

This act shall be so interpreted as to make uniform the laws of those states which enact it.

Acts 1943, No. 169, § 13; A.S.A. 1947, § 49-113.
Ark. Code Ann. § 16-10-115 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-115
Trial by temporary judge
Status: in_force

(a) On stipulation of the litigant parties, any court of this state, except in criminal causes, may order a cause to be tried by a temporary judge who is licensed in Arkansas to practice law. The temporary judge shall be sworn and empowered to act until final determination of the cause. (b) The stipulation of the litigant parties shall include the amount of compensation to be paid the temporary judge for trying the cause and the method of paying the compensation. (c) The Supreme Court may adopt rules setting forth the procedure for implementing this section. Acts 1981, No. 357, § 1; A.S.A. 1947, § 22-147.

(a) On stipulation of the litigant parties, any court of this state, except in criminal causes, may order a cause to be tried by a temporary judge who is licensed in Arkansas to practice law. The temporary judge shall be sworn and empowered to act until final determination of the cause.

(b) The stipulation of the litigant parties shall include the amount of compensation to be paid the temporary judge for trying the cause and the method of paying the compensation.

(c) The Supreme Court may adopt rules setting forth the procedure for implementing this section.

Acts 1981, No. 357, § 1; A.S.A. 1947, § 22-147.
Ark. Code Ann. § 16-10-804 — AR Code / Title 16 / Chapter 10 / Subchapter 8 / Section 16-10-804
Extended employment periods
Status: in_force

(a) If a substitute trial court administrator is employed for a period that extends beyond the normal payroll period for the position, the Administrative Office of the Courts shall make an interim disbursement of the salary that has accrued during that period. (b) In any one (1) fiscal year, however, the office shall not pay for the services of a substitute trial court administrator for any one (1) circuit judge in excess of thirty (30) working days unless approved and ordered by the Chief Justice of the Supreme Court. Amended by Act 2015, No. 268,§ 3, eff. 7/1/2015. Acts 1999, No. 393, § 4.

(a) If a substitute trial court administrator is employed for a period that extends beyond the normal payroll period for the position, the Administrative Office of the Courts shall make an interim disbursement of the salary that has accrued during that period.

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

Amended by Act 2015, No. 268,§ 3, eff. 7/1/2015.

Acts 1999, No. 393, § 4.
Ark. Code Ann. § 16-21-2501 — AR Code / Title 16 / Chapter 21 / Subchapter 25 / Section 16-21-2501
Investigators
Status: in_force

(a) The prosecuting attorney of the Twentieth Judicial District is hereby authorized to appoint and employ certified law enforcement officers as investigators for the prosecuting attorney's office. (b) In addition to the investigators listed in subsection (a) of this section, the prosecuting attorney shall have the authority to appoint or employ with or without pay at his or her discretion other investigators necessary for the administration of justice. (c) (1) An investigator authorized and appointed shall: (A) Have the authority to issue process, serve warrants, and possess all powers of a law enforcement officer; (B) Be a certified law enforcement officer commissioned by the Arkansas Commission on Law Enforcement Standards and Training; and (C) Be defined as a public safety member. (2) (A) If an investigator issues process or serves warrants, the office of the prosecuting attorney shall be entitled to receive the same fee a sheriff is authorized to charge under § 21-6-307 . (B) The fee is to be deposited into the hot check fees account. (d) A deputy prosecuting attorney and a staff member designated by the prosecuting attorney shall be considered a law enforcement officer for all protective, emergency, investigative, and commercial purposes, either individually or in coordination with interagency cooperative investigation and operations. Acts 1999, No. 1238, § 1; 2009, No. 794, § 1.

(a) The prosecuting attorney of the Twentieth Judicial District is hereby authorized to appoint and employ certified law enforcement officers as investigators for the prosecuting attorney's office.

(b) In addition to the investigators listed in subsection (a) of this section, the prosecuting attorney shall have the authority to appoint or employ with or without pay at his or her discretion other investigators necessary for the administration of justice.

(c) (1) An investigator authorized and appointed shall: (A) Have the authority to issue process, serve warrants, and possess all powers of a law enforcement officer; (B) Be a certified law enforcement officer commissioned by the Arkansas Commission on Law Enforcement Standards and Training; and (C) Be defined as a public safety member. (2) (A) If an investigator issues process or serves warrants, the office of the prosecuting attorney shall be entitled to receive the same fee a sheriff is authorized to charge under § 21-6-307 . (B) The fee is to be deposited into the hot check fees account.

(1) An investigator authorized and appointed shall: (A) Have the authority to issue process, serve warrants, and possess all powers of a law enforcement officer; (B) Be a certified law enforcement officer commissioned by the Arkansas Commission on Law Enforcement Standards and Training; and (C) Be defined as a public safety member.

(A) Have the authority to issue process, serve warrants, and possess all powers of a law enforcement officer;

(B) Be a certified law enforcement officer commissioned by the Arkansas Commission on Law Enforcement Standards and Training; and

(C) Be defined as a public safety member.

(2) (A) If an investigator issues process or serves warrants, the office of the prosecuting attorney shall be entitled to receive the same fee a sheriff is authorized to charge under § 21-6-307 . (B) The fee is to be deposited into the hot check fees account.

(A) If an investigator issues process or serves warrants, the office of the prosecuting attorney shall be entitled to receive the same fee a sheriff is authorized to charge under § 21-6-307 .

(B) The fee is to be deposited into the hot check fees account.

(d) A deputy prosecuting attorney and a staff member designated by the prosecuting attorney shall be considered a law enforcement officer for all protective, emergency, investigative, and commercial purposes, either individually or in coordination with interagency cooperative investigation and operations.

Acts 1999, No. 1238, § 1; 2009, No. 794, § 1.
Ark. Code Ann. § 16-106-105 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-105
Actions against state regarding federal land grants
Status: in_force

(a) All actions and suits for the recovery of the purchase money of lands which were granted to this state by the United States by Acts of Congress, March 2, 1827, June 23, 1836, and September 4, 1841, and any and all lands which have at any time, and from time to time, been granted to this state by the United States for any and all purposes, except grants made for railroad purposes, and all actions to enforce the vendor's lien upon the lands, and all actions to recover the possession of, or for trespasses upon, the lands, shall be brought and prosecuted in the name of the State of Arkansas. (b) The fact that any and all of the lands may have been set apart, allotted, or granted by the state to any county, township, or school district shall not be a defense to any action brought under this section and shall not affect the jurisdiction of the court in which the action may be pending, but all questions as to the rights of the counties, townships, or school districts shall be reserved. Civil Code, § 29; C. & M. Dig., § 1094; Pope's Dig., § 1310; A.S.A. 1947, § 34-207.

(a) All actions and suits for the recovery of the purchase money of lands which were granted to this state by the United States by Acts of Congress, March 2, 1827, June 23, 1836, and September 4, 1841, and any and all lands which have at any time, and from time to time, been granted to this state by the United States for any and all purposes, except grants made for railroad purposes, and all actions to enforce the vendor's lien upon the lands, and all actions to recover the possession of, or for trespasses upon, the lands, shall be brought and prosecuted in the name of the State of Arkansas.

(b) The fact that any and all of the lands may have been set apart, allotted, or granted by the state to any county, township, or school district shall not be a defense to any action brought under this section and shall not affect the jurisdiction of the court in which the action may be pending, but all questions as to the rights of the counties, townships, or school districts shall be reserved.

Civil Code, § 29; C. & M. Dig., § 1094; Pope's Dig., § 1310; A.S.A. 1947, § 34-207.
Ark. Code Ann. § 16-13-1905 — AR Code / Title 16 / Chapter 13 / Subchapter 19 / Section 16-13-1905
Court reporter, case coordinator, and other personnel
Status: in_force

The circuit-chancery judge of the Eleventh Judicial District-West created by § 16-13-1903(a)(1)(C) is authorized to employ a court reporter, a case coordinator, and such other personnel as shall be necessary for the court to effectively and efficiently carry out its responsibilities. Acts 1987, No. 444, § 4.

The circuit-chancery judge of the Eleventh Judicial District-West created by § 16-13-1903(a)(1)(C) is authorized to employ a court reporter, a case coordinator, and such other personnel as shall be necessary for the court to effectively and efficiently carry out its responsibilities.

Acts 1987, No. 444, § 4.
Ark. Code Ann. § 16-17-934 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-934
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 13.

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

Acts 2007, No. 663, § 13.
Ark. Code Ann. § 16-30-101 — AR Code / Title 16 / Chapter 30 / Section 16-30-101
Multijudge and divided circuits
Status: in_force

(a) In multijudge circuits, the circuit judges may select one (1) of their number to perform any of the duties imposed upon a judge by this act. (b) Divisions of any circuit court may either have separate jurors, or the circuit judges by concurrence may share a single jury wheel or box or a single list of jurors. Amended by Act 2017, No. 600,§ 4, eff. 8/1/2017. Acts 1969, No. 568, § 28; A.S.A. 1947, § 39-220.

(a) In multijudge circuits, the circuit judges may select one (1) of their number to perform any of the duties imposed upon a judge by this act.

(b) Divisions of any circuit court may either have separate jurors, or the circuit judges by concurrence may share a single jury wheel or box or a single list of jurors.

Amended by Act 2017, No. 600,§ 4, eff. 8/1/2017.

Acts 1969, No. 568, § 28; A.S.A. 1947, § 39-220.
Ark. Code Ann. § 16-108-204 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-204
Effect of agreement to arbitrate - Nonwaivable provisions
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law. (b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not: (1) waive or agree to vary the effect of the requirements of § 16-108-205(a) , § 16-108-206(a) , § 16-108-208 , § 16-108-217(a) , § 16-108-217(b) , § 16-108-226 , or § 16-108-228 ; (2) agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding; (3) agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or (4) waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration. (c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or § 16-108-203(a) , § 16-108-207 , § 16-108-214 , § 16-108-218 , § 16-108-220(d) , § 16-108-220(e) , § 16-108-222 , § 16-108-223 , § 16-108-224 , § 16-108-225(a) , § 16-108-225(b) , § 16-108-230 , or § 16-108-233 . Acts 2011, No. 695, § 1.

(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law.

(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not: (1) waive or agree to vary the effect of the requirements of § 16-108-205(a) , § 16-108-206(a) , § 16-108-208 , § 16-108-217(a) , § 16-108-217(b) , § 16-108-226 , or § 16-108-228 ; (2) agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding; (3) agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or (4) waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(1) waive or agree to vary the effect of the requirements of § 16-108-205(a) , § 16-108-206(a) , § 16-108-208 , § 16-108-217(a) , § 16-108-217(b) , § 16-108-226 , or § 16-108-228 ;

(2) agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding;

(3) agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or

(4) waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or § 16-108-203(a) , § 16-108-207 , § 16-108-214 , § 16-108-218 , § 16-108-220(d) , § 16-108-220(e) , § 16-108-222 , § 16-108-223 , § 16-108-224 , § 16-108-225(a) , § 16-108-225(b) , § 16-108-230 , or § 16-108-233 .

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-123-310 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-310
Discrimination in sale or rental of housing
Status: in_force

(a) Because of race, color, religion, sex, familial status, or national origin a person shall not: (1) Refuse to sell or rent a dwelling to a person who has made a bona fide offer; (2) Refuse to negotiate for the sale or rental of a dwelling; or (3) Otherwise make unavailable or deny a dwelling to any person. (b) A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental because of race, color, religion, sex, familial status, or national origin. Acts 2001, No. 1785, § 11; 2003, No. 1775, § 3.

(a) Because of race, color, religion, sex, familial status, or national origin a person shall not: (1) Refuse to sell or rent a dwelling to a person who has made a bona fide offer; (2) Refuse to negotiate for the sale or rental of a dwelling; or (3) Otherwise make unavailable or deny a dwelling to any person.

(1) Refuse to sell or rent a dwelling to a person who has made a bona fide offer;

(2) Refuse to negotiate for the sale or rental of a dwelling; or

(3) Otherwise make unavailable or deny a dwelling to any person.

(b) A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental because of race, color, religion, sex, familial status, or national origin.

Acts 2001, No. 1785, § 11; 2003, No. 1775, § 3.
Ark. Code Ann. § 16-93-1809 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1809
Open meetings
Status: in_force

(a) The Post-Prison Transfer Board shall conduct open meetings and shall make public its findings for each inmate eligible for transfer to post-release supervision. (b) (1) Open meetings under this section may be conducted through videoconference technology if the inmate is housed in a county jail and if the videoconference technology is available. (2) Open meetings utilizing videoconference technology under this section shall be conducted in public, except that inmate interviews and related deliberations may be closed to the public. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) The Post-Prison Transfer Board shall conduct open meetings and shall make public its findings for each inmate eligible for transfer to post-release supervision.

(b) (1) Open meetings under this section may be conducted through videoconference technology if the inmate is housed in a county jail and if the videoconference technology is available. (2) Open meetings utilizing videoconference technology under this section shall be conducted in public, except that inmate interviews and related deliberations may be closed to the public.

(1) Open meetings under this section may be conducted through videoconference technology if the inmate is housed in a county jail and if the videoconference technology is available.

(2) Open meetings utilizing videoconference technology under this section shall be conducted in public, except that inmate interviews and related deliberations may be closed to the public.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-65-301 — AR Code / Title 16 / Chapter 65 / Subchapter 3 / Section 16-65-301
Appearance and confession
Status: in_force

Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and with assent of the creditor or person having the cause of action, confess judgment therefor; whereupon, judgment shall be entered accordingly. Civil Code, § 413; C. & M. Dig., § 6245; Pope's Dig., § 8201; A.S.A. 1947, § 29-301.

Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and with assent of the creditor or person having the cause of action, confess judgment therefor; whereupon, judgment shall be entered accordingly.

Civil Code, § 413; C. & M. Dig., § 6245; Pope's Dig., § 8201; A.S.A. 1947, § 29-301.
Ark. Code Ann. § 16-22-209 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-209
Practicing without license - Contempt of court
Status: in_force

Every person who shall attempt to practice law in any court of record without being licensed, sworn, and registered, as required in this subchapter, shall be deemed guilty of a contempt of court and shall be punished as in other cases of contempt. Rev. Stat., ch. 15, § 7; C. & M. Dig., § 601; Pope's Dig., § 641; A.S.A. 1947, § 25-106.

Every person who shall attempt to practice law in any court of record without being licensed, sworn, and registered, as required in this subchapter, shall be deemed guilty of a contempt of court and shall be punished as in other cases of contempt.

Rev. Stat., ch. 15, § 7; C. & M. Dig., § 601; Pope's Dig., § 641; A.S.A. 1947, § 25-106.
Ark. Code Ann. § 16-106-103 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-103
Actions against officers, corporations, etc., for certain penalties
Status: in_force

Where officers, corporations, or officers of corporations are required to report to the Auditor of State the moneys in their hands belonging to the state or due by them or by a corporation to the state, at a certain period or periods fixed by law, and a fine or penalty is imposed for the failure, the action for the recovery thereof may be commenced at any time after the failure. Civil Code, § 486; C. & M. Dig., § 9301; Pope's Dig., § 11987; A.S.A. 1947, § 34-205.

Where officers, corporations, or officers of corporations are required to report to the Auditor of State the moneys in their hands belonging to the state or due by them or by a corporation to the state, at a certain period or periods fixed by law, and a fine or penalty is imposed for the failure, the action for the recovery thereof may be commenced at any time after the failure.

Civil Code, § 486; C. & M. Dig., § 9301; Pope's Dig., § 11987; A.S.A. 1947, § 34-205.
Ark. Code Ann. § 16-64-109 — AR Code / Title 16 / Chapter 64 / Section 16-64-109
Superseded
Status: in_force

Civil Code, § 825; Acts 1871, No. 48, § 1 [825], p. 219; A.S.A. 1947, § 27-1723.
Ark. Code Ann. § 16-10-1006 — AR Code / Title 16 / Chapter 10 / Subchapter 10 / Section 16-10-1006
Court security grant program
Status: in_force

(a) The Administrative Office of the Courts shall administer a court security grant program for the purpose of providing financial assistance from funds specifically appropriated for that purpose to city and county governments to assist in the implementation of local security and emergency preparedness plans for circuit courts and district courts. (b) (1) Guidelines for the court security grant program shall be developed by the Administrative Office of the Courts by December 31, 2007, and shall be approved by the Legislative Council prior to the disbursement of any grant funds. (2) On July 31 of every year, the Administrative Office of the Courts shall provide an annual report to the Legislative Council that shall include the number of grant requests received from cities and counties and the number and amount of grants approved. Amended by Act 2021, No. 475,§ 7, eff. 7/28/2021. Acts 2007, No. 576, § 1.

(a) The Administrative Office of the Courts shall administer a court security grant program for the purpose of providing financial assistance from funds specifically appropriated for that purpose to city and county governments to assist in the implementation of local security and emergency preparedness plans for circuit courts and district courts.

(b) (1) Guidelines for the court security grant program shall be developed by the Administrative Office of the Courts by December 31, 2007, and shall be approved by the Legislative Council prior to the disbursement of any grant funds. (2) On July 31 of every year, the Administrative Office of the Courts shall provide an annual report to the Legislative Council that shall include the number of grant requests received from cities and counties and the number and amount of grants approved.

(1) Guidelines for the court security grant program shall be developed by the Administrative Office of the Courts by December 31, 2007, and shall be approved by the Legislative Council prior to the disbursement of any grant funds.

(2) On July 31 of every year, the Administrative Office of the Courts shall provide an annual report to the Legislative Council that shall include the number of grant requests received from cities and counties and the number and amount of grants approved.

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

Acts 2007, No. 576, § 1.
Ark. Code Ann. § 16-66-304 — AR Code / Title 16 / Chapter 66 / Subchapter 3 / Section 16-66-304
Sale of personal property suspended upon giving bond
Status: in_force

(a) The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute with one (1) or more sureties a bond to the plaintiff in the execution, sufficient for double the property's value to the effect that if it is adjudged that the property or any part of it is subject to the execution, he or she will pay to the plaintiff the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon. (b) For the purpose of taking the bond mentioned in subsection (a) of this section, the officer shall select three (3) disinterested householders and administer to them an oath to make a fair appraisal of each article of the property, whose appraisal in writing shall be recited in the bond. (c) The bond, with the appraisal annexed thereto, shall be returned to the circuit court of the county in which the levy was made. (d) (1) The party to whom the bond is executed may move the court to which it is returned for a judgment thereon against all or any of the obligors, or their representatives, having given to them ten (10) days' notice of the motion. (2) The court shall direct a jury to be impaneled and may cause such issues to be tried as it may prescribe. It may direct which party shall be considered plaintiff in the issue. (3) If the property, or any part of it, is found subject to the execution, judgment shall be rendered in favor of the plaintiff therein for the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon. (4) An execution may be issued upon the judgment forthwith, on which the same endorsement shall be made as on the execution, in virtue of which the property had been seized. (e) Upon the trial of the motion, either party may object that the property was not fairly appraised. Thereupon, the jury trying the facts shall hear evidence respecting and find the value of the property. (f) The giving of the bond, mentioned in subsection (a) of this section, shall not discharge the levy of the execution upon the property claimed. But the officer may leave it subject to the lien of the levy with the person in whose possession it was found pending the proceeding on the bond, and may, in the meantime, proceed with the execution against any other property of the defendant. Civil Code, §§ 727-732; C. & M. Dig., §§ 4311-4316; Pope's Dig., §§ 5323-5328; A.S.A. 1947, §§ 30-305 -- 30-310.

(a) The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute with one (1) or more sureties a bond to the plaintiff in the execution, sufficient for double the property's value to the effect that if it is adjudged that the property or any part of it is subject to the execution, he or she will pay to the plaintiff the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon.

(b) For the purpose of taking the bond mentioned in subsection (a) of this section, the officer shall select three (3) disinterested householders and administer to them an oath to make a fair appraisal of each article of the property, whose appraisal in writing shall be recited in the bond.

(c) The bond, with the appraisal annexed thereto, shall be returned to the circuit court of the county in which the levy was made.

(d) (1) The party to whom the bond is executed may move the court to which it is returned for a judgment thereon against all or any of the obligors, or their representatives, having given to them ten (10) days' notice of the motion. (2) The court shall direct a jury to be impaneled and may cause such issues to be tried as it may prescribe. It may direct which party shall be considered plaintiff in the issue. (3) If the property, or any part of it, is found subject to the execution, judgment shall be rendered in favor of the plaintiff therein for the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon. (4) An execution may be issued upon the judgment forthwith, on which the same endorsement shall be made as on the execution, in virtue of which the property had been seized.

(1) The party to whom the bond is executed may move the court to which it is returned for a judgment thereon against all or any of the obligors, or their representatives, having given to them ten (10) days' notice of the motion.

(2) The court shall direct a jury to be impaneled and may cause such issues to be tried as it may prescribe. It may direct which party shall be considered plaintiff in the issue.

(3) If the property, or any part of it, is found subject to the execution, judgment shall be rendered in favor of the plaintiff therein for the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon.

(4) An execution may be issued upon the judgment forthwith, on which the same endorsement shall be made as on the execution, in virtue of which the property had been seized.

(e) Upon the trial of the motion, either party may object that the property was not fairly appraised. Thereupon, the jury trying the facts shall hear evidence respecting and find the value of the property.

(f) The giving of the bond, mentioned in subsection (a) of this section, shall not discharge the levy of the execution upon the property claimed. But the officer may leave it subject to the lien of the levy with the person in whose possession it was found pending the proceeding on the bond, and may, in the meantime, proceed with the execution against any other property of the defendant.

Civil Code, §§ 727-732; C. & M. Dig., §§ 4311-4316; Pope's Dig., §§ 5323-5328; A.S.A. 1947, §§ 30-305 -- 30-310.
Ark. Code Ann. § 16-58-124 — AR Code / Title 16 / Chapter 58 / Section 16-58-124
Method of service - Corporations
Status: in_force

(a) When the defendant is a corporation created by the laws of this state, the service of the summons may be upon the president, mayor, or chairman of the board of trustees. In case of the absence of the above officers, then it may be served upon the cashier, treasurer, secretary, clerk, or agent of the corporation. In case of railroad corporations, it may be served upon any station agent or upon any person who has control of any of the business of that corporation, either as clerk, agent, or otherwise, who as agent or clerk has to report to the corporation who employs him or her. In cases of railroad corporations, a service of a copy of the summons upon the clerk or agent of any station in the county where the summons is issued shall be deemed and considered as a good and valid service. (b) In the case of a foreign railroad corporation which files its articles of incorporation with the Secretary of State, process shall be served on the agent or agents of the corporation, or upon the agent or agents of the receiver or receivers of the corporation, in the same manner that process is authorized by law to be served on railroad corporations existing under laws of this state. Service upon the agent or agents of any receiver or receivers of any such foreign railroad corporation shall be deemed and considered as good and valid service upon the corporation and upon the receivers thereof. Civil Code, § 69; Acts 1877, No. 56, § 1, p. 59; 1901, No. 106, § 1, p. 171; C. & M. Dig., § 1147; Pope's Dig., § 1363; A.S.A. 1947, § 27-346.

(a) When the defendant is a corporation created by the laws of this state, the service of the summons may be upon the president, mayor, or chairman of the board of trustees. In case of the absence of the above officers, then it may be served upon the cashier, treasurer, secretary, clerk, or agent of the corporation. In case of railroad corporations, it may be served upon any station agent or upon any person who has control of any of the business of that corporation, either as clerk, agent, or otherwise, who as agent or clerk has to report to the corporation who employs him or her. In cases of railroad corporations, a service of a copy of the summons upon the clerk or agent of any station in the county where the summons is issued shall be deemed and considered as a good and valid service.

(b) In the case of a foreign railroad corporation which files its articles of incorporation with the Secretary of State, process shall be served on the agent or agents of the corporation, or upon the agent or agents of the receiver or receivers of the corporation, in the same manner that process is authorized by law to be served on railroad corporations existing under laws of this state. Service upon the agent or agents of any receiver or receivers of any such foreign railroad corporation shall be deemed and considered as good and valid service upon the corporation and upon the receivers thereof.

Civil Code, § 69; Acts 1877, No. 56, § 1, p. 59; 1901, No. 106, § 1, p. 171; C. & M. Dig., § 1147; Pope's Dig., § 1363; A.S.A. 1947, § 27-346.
Ark. Code Ann. § 16-22-406 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-406
Other charges - Suspension only
Status: in_force

Upon charges other than a conviction for an indictable offense, the court shall have power only to suspend the accused from practice until the facts shall be ascertained in the manner prescribed in this subchapter. Rev. Stat., ch. 15, § 19; C. & M. Dig., § 617; Pope's Dig., § 657; A.S.A. 1947, § 25-408.

Upon charges other than a conviction for an indictable offense, the court shall have power only to suspend the accused from practice until the facts shall be ascertained in the manner prescribed in this subchapter.

Rev. Stat., ch. 15, § 19; C. & M. Dig., § 617; Pope's Dig., § 657; A.S.A. 1947, § 25-408.
Ark. Code Ann. § 16-81-407 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-407
Certification of subchapter
Status: in_force

Upon the passage and approval by the Governor of this subchapter, it shall be the duty of the Secretary of State to certify a copy of this subchapter to the executive department of each of the states of the United States. Acts 1951, No. 211, § 7; A.S.A. 1947, § 43-517.

Upon the passage and approval by the Governor of this subchapter, it shall be the duty of the Secretary of State to certify a copy of this subchapter to the executive department of each of the states of the United States.

Acts 1951, No. 211, § 7; A.S.A. 1947, § 43-517.
Ark. Code Ann. § 16-90-904 — AR Code / Title 16 / Chapter 90 / Subchapter 9 / Section 16-90-904
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014. Amended by Act 2013, No. 282,§ 10, eff. 3/6/2013. Acts 1995, No. 998, § 7; 2009, No. 477, § 1; 2011, No. 626, § 3.

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

Amended by Act 2013, No. 282,§ 10, eff. 3/6/2013.

Acts 1995, No. 998, § 7; 2009, No. 477, § 1; 2011, No. 626, § 3.
Ark. Code Ann. § 16-45-103 — AR Code / Title 16 / Chapter 45 / Section 16-45-103
Signature of affiant - Certificate of officer
Status: in_force

Every affidavit shall be subscribed by the affiant. The certificate of the officer before whom the affidavit is made shall be written separately following the signature of the affiant. Civil Code, § 605; C. & M. Dig., § 4204; Pope's Dig., § 5215; A.S.A. 1947, § 28-206.

Every affidavit shall be subscribed by the affiant. The certificate of the officer before whom the affidavit is made shall be written separately following the signature of the affiant.

Civil Code, § 605; C. & M. Dig., § 4204; Pope's Dig., § 5215; A.S.A. 1947, § 28-206.
Ark. Code Ann. § 16-31-104 — AR Code / Title 16 / Chapter 31 / Section 16-31-104
Limitations on frequency and period of service
Status: in_force

(a) Any person who is sworn as a member of a grand or petit jury shall be ineligible to serve on another grand or petit jury in the same county for a period of two (2) years from the date the person is excused from further jury service by the court or by operation of law. (b) No petit juror shall be required to report for jury duty on more than ten (10) days or for more than a four-month period during the calendar year for which he or she is selected, except that any juror actually engaged in the trial of a case at the time of the expiration of the period of permitted service shall serve until the trial of the case is concluded. (c) A summons to serve on jury duty shall include a description of the maximum periods of service under this section. Acts 1969, No. 568, §§ 3, 4; 1971, No. 364, § 1; 1983, No. 425, § 1; A.S.A. 1947, §§ 39-103, 39-104; Acts 2007, No. 225, § 1.

(a) Any person who is sworn as a member of a grand or petit jury shall be ineligible to serve on another grand or petit jury in the same county for a period of two (2) years from the date the person is excused from further jury service by the court or by operation of law.

(b) No petit juror shall be required to report for jury duty on more than ten (10) days or for more than a four-month period during the calendar year for which he or she is selected, except that any juror actually engaged in the trial of a case at the time of the expiration of the period of permitted service shall serve until the trial of the case is concluded.

(c) A summons to serve on jury duty shall include a description of the maximum periods of service under this section.

Acts 1969, No. 568, §§ 3, 4; 1971, No. 364, § 1; 1983, No. 425, § 1; A.S.A. 1947, §§ 39-103, 39-104; Acts 2007, No. 225, § 1.
Ark. Code Ann. § 16-56-127 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-127
Mutual open accounts - Accrual of cause of action
Status: in_force

In actions brought to recover any balance due upon a mutual open account current, the cause of action shall be deemed to have accrued from the time of the last item proved in the account. Rev. Stat., ch. 91, § 12; C. & M. Dig., § 6964; Pope's Dig., § 8942; A.S.A. 1947, § 37-215.

In actions brought to recover any balance due upon a mutual open account current, the cause of action shall be deemed to have accrued from the time of the last item proved in the account.

Rev. Stat., ch. 91, § 12; C. & M. Dig., § 6964; Pope's Dig., § 8942; A.S.A. 1947, § 37-215.
Ark. Code Ann. § 16-43-602 — AR Code / Title 16 / Chapter 43 / Subchapter 6 / Section 16-43-602
Penalty
Status: in_force

Any person who refuses to give testimony after an order has been issued by the circuit court for the judicial district in which the proceeding is or may be held directing him or her to give such testimony, as provided in this subchapter shall be guilty of a Class B misdemeanor. Each refusal of the witness to so testify shall constitute a separate offense. Acts 1973, No. 561, § 5; A.S.A. 1947, § 28-535; Acts 2005, No. 1994, § 396.

Any person who refuses to give testimony after an order has been issued by the circuit court for the judicial district in which the proceeding is or may be held directing him or her to give such testimony, as provided in this subchapter shall be guilty of a Class B misdemeanor. Each refusal of the witness to so testify shall constitute a separate offense.

Acts 1973, No. 561, § 5; A.S.A. 1947, § 28-535; Acts 2005, No. 1994, § 396.
Ark. Code Ann. § 16-19-1101 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1101
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 106, p. 430; C. & M. Dig., § 6522; Pope's Dig., § 8484; A.S.A. 1947, § 26-1312.

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

Acts 1873, No. 135, § 106, p. 430; C. & M. Dig., § 6522; Pope's Dig., § 8484; A.S.A. 1947, § 26-1312.
Ark. Code Ann. § 16-84-202 — AR Code / Title 16 / Chapter 84 / Subchapter 2 / Section 16-84-202
Disposition of deposit
Status: in_force

(a) Where money is deposited in lieu of bail with a city official, after the forfeiture and final judgment of the court, the city official shall make settlement with the city treasurer who shall deposit the funds to the credit of the city general fund. (b) Where money is deposited in lieu of bail with a county official, after the forfeiture and final adjournment of the court, the county official shall make settlement with the county treasurer who shall deposit the funds to the credit of the county general fund. Acts 1989, No. 417, § 5; 1991, No. 720, § 2.

(a) Where money is deposited in lieu of bail with a city official, after the forfeiture and final judgment of the court, the city official shall make settlement with the city treasurer who shall deposit the funds to the credit of the city general fund.

(b) Where money is deposited in lieu of bail with a county official, after the forfeiture and final adjournment of the court, the county official shall make settlement with the county treasurer who shall deposit the funds to the credit of the county general fund.

Acts 1989, No. 417, § 5; 1991, No. 720, § 2.
Ark. Code Ann. § 16-19-1001 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1001
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 54, 70, 76, p. 430; C. & M. Dig., §§ 6482, 6483; Pope's Dig., §§ 8444, 8445; A.S.A. 1947, §§ 26-1102, 26-1103, 26-1105n.

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

Acts 1873, No. 135, §§ 54, 70, 76, p. 430; C. & M. Dig., §§ 6482, 6483; Pope's Dig., §§ 8444, 8445; A.S.A. 1947, §§ 26-1102, 26-1103, 26-1105n.
Ark. Code Ann. § 16-94-218 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-218
Forfeiture of bond
Status: in_force

If the prisoner is admitted to bail and fails to appear and surrender himself or herself according to the condition of his or her bond, the court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state. Acts 1935, No. 126, § 18; Pope's Dig., § 6098; A.S.A. 1947, § 43-3018.

If the prisoner is admitted to bail and fails to appear and surrender himself or herself according to the condition of his or her bond, the court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.

Acts 1935, No. 126, § 18; Pope's Dig., § 6098; A.S.A. 1947, § 43-3018.
Ark. Code Ann. § 16-93-703 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-703
Procedures - Place of hearings
Status: in_force

(a) The Post-Prison Transfer Board shall not schedule parole hearings at which victims or relatives of victims of crime are invited to appear at a facility wherein inmates are housed other than the Central Administration Building of the Division of Correction at Pine Bluff. (b) Nothing in this section shall be construed as prohibiting the board from conducting parole hearings in two (2) sessions, one (1) at the place of the inmate's incarceration for interviews with the inmate, the inmate's witnesses, and correctional personnel, and the second session for victims and relatives of victims as set out in subsection (a) of this section. Amended by Act 2023, No. 659,§ 200, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 919, eff. 7/1/2019. Acts 1983, No. 525, §§ 1, 2; A.S.A. 1947, §§ 43-2819.1, 43-2819.2; Acts 2011, No. 570, § 104.

(a) The Post-Prison Transfer Board shall not schedule parole hearings at which victims or relatives of victims of crime are invited to appear at a facility wherein inmates are housed other than the Central Administration Building of the Division of Correction at Pine Bluff.

(b) Nothing in this section shall be construed as prohibiting the board from conducting parole hearings in two (2) sessions, one (1) at the place of the inmate's incarceration for interviews with the inmate, the inmate's witnesses, and correctional personnel, and the second session for victims and relatives of victims as set out in subsection (a) of this section.

Amended by Act 2023, No. 659,§ 200, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 919, eff. 7/1/2019.

Acts 1983, No. 525, §§ 1, 2; A.S.A. 1947, §§ 43-2819.1, 43-2819.2; Acts 2011, No. 570, § 104.
Ark. Code Ann. § 16-21-122 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-122
The Second Judicial District
Status: in_force

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

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

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-60-106 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-106
Actions on debt, account, or note against certain public entities
Status: in_force

A civil action on a debt, account, or note, or for goods or services against a city of the first class, a city of the second class, an incorporated town, a public facilities board, or a county shall be brought in the county in which the city, town, public facilities board, or county lies. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 93; C. & M. Dig., § 1172; Pope's Dig., § 1394; A.S.A. 1947, § 27-606.

A civil action on a debt, account, or note, or for goods or services against a city of the first class, a city of the second class, an incorporated town, a public facilities board, or a county shall be brought in the county in which the city, town, public facilities board, or county lies.

Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.

Civil Code, § 93; C. & M. Dig., § 1172; Pope's Dig., § 1394; A.S.A. 1947, § 27-606.
Ark. Code Ann. § 16-123-105 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-105
Civil rights offenses
Status: in_force

(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution shall be liable to the party injured in an action in circuit court for legal and equitable relief or other proper redress. (b) In the discretion of the court, a party held liable under this section shall also pay the injured party's cost of litigation and a reasonable attorney's fee in an amount to be fixed by the court. (c) When construing this section, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, as amended and codified in 42 U.S.C. § 1983 , as in effect on January 1, 1993, which decisions and Civil Rights Act of 1871 shall have persuasive authority only. Acts 1993, No. 962, § 2; 1995, No. 480, § 2; 2003, No. 1185, § 251.

(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution shall be liable to the party injured in an action in circuit court for legal and equitable relief or other proper redress.

(b) In the discretion of the court, a party held liable under this section shall also pay the injured party's cost of litigation and a reasonable attorney's fee in an amount to be fixed by the court.

(c) When construing this section, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, as amended and codified in 42 U.S.C. § 1983 , as in effect on January 1, 1993, which decisions and Civil Rights Act of 1871 shall have persuasive authority only.

Acts 1993, No. 962, § 2; 1995, No. 480, § 2; 2003, No. 1185, § 251.
Ark. Code Ann. § 16-19-501 — AR Code / Title 16 / Chapter 19 / Subchapter 5 / Section 16-19-501
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1893, No. 171, § 2, p. 301; C. & M. Dig., §§ 3322, 6405; Pope's Dig., §§ 4170, 8367; A.S.A. 1947, § 26-508.

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

Acts 1893, No. 171, § 2, p. 301; C. & M. Dig., §§ 3322, 6405; Pope's Dig., §§ 4170, 8367; A.S.A. 1947, § 26-508.
Ark. Code Ann. § 16-47-210 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-210
Acknowledgments under laws of other states
Status: in_force

Notwithstanding any provision in this act contained, the acknowledgment of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or in the District of Columbia, or in the Philippine Islands, verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state. Acts 1943, No. 169, § 10; 1971, No. 365, § 2; A.S.A. 1947, § 49-110.

Notwithstanding any provision in this act contained, the acknowledgment of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or in the District of Columbia, or in the Philippine Islands, verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state.

Acts 1943, No. 169, § 10; 1971, No. 365, § 2; A.S.A. 1947, § 49-110.
Ark. Code Ann. § 16-17-1105 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1105
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 2, eff. 8/1/2017. Acts 2007, No. 663, § 2; 2009, No. 345, § 5; 2009, No. 356, § 1.

Repealed by Act 2017, No. 723,§ 2, eff. 8/1/2017.

Acts 2007, No. 663, § 2; 2009, No. 345, § 5; 2009, No. 356, § 1.
Ark. Code Ann. § 16-67-309 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-309
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 867; Acts 1899, No. 60, § 1, p. 111; 1915, No. 62, § 1; C. & M. Dig., § 2140; Pope's Dig., § 2746; Acts 1951, No. 213, § 1; A.S.A. 1947, § 27-2106.

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

Civil Code, § 867; Acts 1899, No. 60, § 1, p. 111; 1915, No. 62, § 1; C. & M. Dig., § 2140; Pope's Dig., § 2746; Acts 1951, No. 213, § 1; A.S.A. 1947, § 27-2106.
Ark. Code Ann. § 16-94-223 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-223
Obtaining Governor's requisition
Status: in_force

When the return to this state of a person charged with crime in this state is required, the prosecuting attorney (of the county in which the offense is committed) shall present to the Governor his or her written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, and the approximate time, place, and circumstances of its committal, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged. The prosecuting officer may also attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such application. One (1) copy of the application with the action of the Governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment or complaint or information and affidavit, shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition. Acts 1935, No. 126, § 23; Pope's Dig., § 6103; A.S.A. 1947, § 43-3023.

When the return to this state of a person charged with crime in this state is required, the prosecuting attorney (of the county in which the offense is committed) shall present to the Governor his or her written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, and the approximate time, place, and circumstances of its committal, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged. The prosecuting officer may also attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such application. One (1) copy of the application with the action of the Governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment or complaint or information and affidavit, shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

Acts 1935, No. 126, § 23; Pope's Dig., § 6103; A.S.A. 1947, § 43-3023.
Ark. Code Ann. § 16-13-214 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-214
Disqualification of judges
Status: in_force

No judge of the circuit court shall sit on the determination of any case in which he or she is interested in the outcome, is related to any party within the third degree of consanguinity or affinity, has been of counsel in the case or presided over it in any inferior court, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification as provided therein. Rev. Stat., ch. 43, § 24; C. & M. Dig., §§ 2107, 6400; Pope's Dig., §§ 2711, 8362; A.S.A. 1947, § 22-113; Acts 2003, No. 1185, § 76.

No judge of the circuit court shall sit on the determination of any case in which he or she is interested in the outcome, is related to any party within the third degree of consanguinity or affinity, has been of counsel in the case or presided over it in any inferior court, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification as provided therein.

Rev. Stat., ch. 43, § 24; C. & M. Dig., §§ 2107, 6400; Pope's Dig., §§ 2711, 8362; A.S.A. 1947, § 22-113; Acts 2003, No. 1185, § 76.
Ark. Code Ann. § 16-21-116 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-116
Indictment and punishment for misdemeanor in office or neglect of duty - Prosecution
Status: in_force

(a) Prosecuting attorneys may be indicted for any misdemeanor in office or neglect of duty and punished by fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000). (b) (1) When a bill of indictment has been found against any prosecuting attorney, for any offense whatever, it shall be the duty of the court in which the indictment is found to appoint some person, being an attorney at law, to conduct the prosecution against the prosecuting attorney. (2) If the prosecuting attorney is convicted, the attorney conducting the prosecution shall be entitled to receive the sum of fifty dollars ($50.00) out of the salary of the prosecuting attorney. The Auditor of State, on receiving a certificate of the conviction of the prosecuting attorney, shall draw his warrant on the Treasurer of State for such sum, if so much of the attorney's salary is due. Rev. Stat., ch. 16, §§ 8-10; C. & M. Dig., §§ 8315-8317; Pope's Dig., §§ 10892-10894; A.S.A. 1947, §§ 24-107 -- 24-109.

(a) Prosecuting attorneys may be indicted for any misdemeanor in office or neglect of duty and punished by fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).

(b) (1) When a bill of indictment has been found against any prosecuting attorney, for any offense whatever, it shall be the duty of the court in which the indictment is found to appoint some person, being an attorney at law, to conduct the prosecution against the prosecuting attorney. (2) If the prosecuting attorney is convicted, the attorney conducting the prosecution shall be entitled to receive the sum of fifty dollars ($50.00) out of the salary of the prosecuting attorney. The Auditor of State, on receiving a certificate of the conviction of the prosecuting attorney, shall draw his warrant on the Treasurer of State for such sum, if so much of the attorney's salary is due.

(1) When a bill of indictment has been found against any prosecuting attorney, for any offense whatever, it shall be the duty of the court in which the indictment is found to appoint some person, being an attorney at law, to conduct the prosecution against the prosecuting attorney.

(2) If the prosecuting attorney is convicted, the attorney conducting the prosecution shall be entitled to receive the sum of fifty dollars ($50.00) out of the salary of the prosecuting attorney. The Auditor of State, on receiving a certificate of the conviction of the prosecuting attorney, shall draw his warrant on the Treasurer of State for such sum, if so much of the attorney's salary is due.

Rev. Stat., ch. 16, §§ 8-10; C. & M. Dig., §§ 8315-8317; Pope's Dig., §§ 10892-10894; A.S.A. 1947, §§ 24-107 -- 24-109.
Ark. Code Ann. § 16-93-613 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-613
Parole eligibility - Class Y, Class A, or Class B felonies
Status: in_force

(a) Except for a person subject to delayed release under § 5-4-405 and except for a drug offense addressed in § 16-93-618 or a Class Y felony addressed in § 5-4-104(c)(2) , § 16-93-614 , or § 16-93-618 , a person who commits a Class Y felony, Class A felony, or Class B felony and who is convicted and incarcerated for the Class Y felony, Class A felony, or Class B felony, is eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor as provided by law; and (2) (A) An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. (B) Upon commutation, the inmate is eligible for release on parole as provided in this subchapter. (b) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts are to be considered as a single commitment reflecting the cumulative sentence to be served. (c) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (a) of this section is eligible for release on parole under this section. Amended by Act 2023, No. 177,§ 13, eff. 8/1/2023. Amended by Act 2021, No. 1102,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 681,§ 6, eff. 7/28/2021. Amended by Act 2017, No. 1029,§ 1, eff. 4/6/2017. Amended by Act 2017, No. 539,§ 10, eff. 3/20/2017. Acts 2011, No. 570, § 98.

(a) Except for a person subject to delayed release under § 5-4-405 and except for a drug offense addressed in § 16-93-618 or a Class Y felony addressed in § 5-4-104(c)(2) , § 16-93-614 , or § 16-93-618 , a person who commits a Class Y felony, Class A felony, or Class B felony and who is convicted and incarcerated for the Class Y felony, Class A felony, or Class B felony, is eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor as provided by law; and (2) (A) An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. (B) Upon commutation, the inmate is eligible for release on parole as provided in this subchapter.

(1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor as provided by law; and

(2) (A) An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. (B) Upon commutation, the inmate is eligible for release on parole as provided in this subchapter.

(A) An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency.

(B) Upon commutation, the inmate is eligible for release on parole as provided in this subchapter.

(b) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts are to be considered as a single commitment reflecting the cumulative sentence to be served.

(c) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (a) of this section is eligible for release on parole under this section.

Amended by Act 2023, No. 177,§ 13, eff. 8/1/2023.

Amended by Act 2021, No. 1102,§ 7, eff. 7/28/2021.

Amended by Act 2021, No. 681,§ 6, eff. 7/28/2021.

Amended by Act 2017, No. 1029,§ 1, eff. 4/6/2017.

Amended by Act 2017, No. 539,§ 10, eff. 3/20/2017.

Acts 2011, No. 570, § 98.
Ark. Code Ann. § 16-91-204 — AR Code / Title 16 / Chapter 91 / Subchapter 2 / Section 16-91-204
Legislative intent
Status: in_force

It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, concerning time limitations in which federal habeas corpus proceedings and appeals must be considered and decided, and for other purposes. Throughout this subchapter, references to "post-conviction" proceedings or petitions refer solely to those proceedings or petitions which are filed pursuant to the state rule or statute in which claims of ineffective assistance of counsel are cognizable, such as Rule 37 of the Arkansas Rules of Criminal Procedure. Specific reference to Rule 37 of the Arkansas Rules of Criminal Procedure was avoided only because the General Assembly is aware that the form of relief provided for by Rule 37 of the Arkansas Rules of Criminal Procedure may, at some point in the future, be provided for by a different rule or statute. It is the intent of the General Assembly to ensure that this subchapter apply to Rule 37-type post-conviction proceedings, not to post-conviction proceedings in which claims of ineffective assistance are not cognizable. It is the intent of § 16-91-202(e) to allow the appointment of counsel in the very limited circumstance in which, because of unique training, experience, or background, an attorney is clearly competent and qualified to represent an indigent petitioner in a capital post-conviction proceeding, but otherwise does not meet all of the criteria of § 16-91-202(c) . Section 16-91-202(e) was created for the specific purpose of permitting the appointment of experienced attorneys, including but not limited to, former prosecutors and judges who, because of the nature of their practice, are uniquely qualified to represent capital defendants but do not meet the specific defense-related requirements of § 16-91-202(c) . Acts 1997, No. 925, § 2.

It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, concerning time limitations in which federal habeas corpus proceedings and appeals must be considered and decided, and for other purposes. Throughout this subchapter, references to "post-conviction" proceedings or petitions refer solely to those proceedings or petitions which are filed pursuant to the state rule or statute in which claims of ineffective assistance of counsel are cognizable, such as Rule 37 of the Arkansas Rules of Criminal Procedure. Specific reference to Rule 37 of the Arkansas Rules of Criminal Procedure was avoided only because the General Assembly is aware that the form of relief provided for by Rule 37 of the Arkansas Rules of Criminal Procedure may, at some point in the future, be provided for by a different rule or statute. It is the intent of the General Assembly to ensure that this subchapter apply to Rule 37-type post-conviction proceedings, not to post-conviction proceedings in which claims of ineffective assistance are not cognizable. It is the intent of § 16-91-202(e) to allow the appointment of counsel in the very limited circumstance in which, because of unique training, experience, or background, an attorney is clearly competent and qualified to represent an indigent petitioner in a capital post-conviction proceeding, but otherwise does not meet all of the criteria of § 16-91-202(c) . Section 16-91-202(e) was created for the specific purpose of permitting the appointment of experienced attorneys, including but not limited to, former prosecutors and judges who, because of the nature of their practice, are uniquely qualified to represent capital defendants but do not meet the specific defense-related requirements of § 16-91-202(c) .

Acts 1997, No. 925, § 2.
Ark. Code Ann. § 16-13-1412 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1412
Circuit court probation officers
Status: in_force

(a) The circuit judges of the First and Fifth Divisions of the Sixth Judicial District may appoint a chief probation officer and a deputy probation officer. (b) (1) The duties of the chief probation officer shall include the supervision of all persons on probation, the investigation of all matters referred to him or her by the court relating to the granting of suspended sentences, and the investigation of any other matters that may be referred to him or her by the court. (2) The deputy probation officer shall perform all duties delegated to him or her by the chief probation officer, and all those referred to him or her by the court. (3) The chief probation officer and the deputy probation officer, in the performance of their duties, may exercise all the powers of a deputy sheriff, which powers shall include the powers to make arrests, carry weapons, and serve summonses. (c) (1) The salary of the chief probation officer shall be twenty-five thousand dollars ($25,000) per calendar year, which salary shall be paid by Pulaski County. (2) The salary of the deputy probation officer shall be twenty-three thousand five hundred dollars ($23,500) per calendar year, which salary shall be paid by Pulaski County. (3) Any probation officer funded through or by the Board of Corrections is specifically excluded from the provisions of this section. (d) Nothing in the provisions of this section shall be construed to repeal or modify the laws now in effect relating to the duties of the State Parole Officer. (e) (1) The salaries of the chief probation officer and coordinator probation officers set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; and another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid biweekly by Pulaski County. (3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes. Acts 1985, No. 336, §§ 7-10; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 1, 12-14; 2011, No. 200, § 1.

(a) The circuit judges of the First and Fifth Divisions of the Sixth Judicial District may appoint a chief probation officer and a deputy probation officer.

(b) (1) The duties of the chief probation officer shall include the supervision of all persons on probation, the investigation of all matters referred to him or her by the court relating to the granting of suspended sentences, and the investigation of any other matters that may be referred to him or her by the court. (2) The deputy probation officer shall perform all duties delegated to him or her by the chief probation officer, and all those referred to him or her by the court. (3) The chief probation officer and the deputy probation officer, in the performance of their duties, may exercise all the powers of a deputy sheriff, which powers shall include the powers to make arrests, carry weapons, and serve summonses.

(1) The duties of the chief probation officer shall include the supervision of all persons on probation, the investigation of all matters referred to him or her by the court relating to the granting of suspended sentences, and the investigation of any other matters that may be referred to him or her by the court.

(2) The deputy probation officer shall perform all duties delegated to him or her by the chief probation officer, and all those referred to him or her by the court.

(3) The chief probation officer and the deputy probation officer, in the performance of their duties, may exercise all the powers of a deputy sheriff, which powers shall include the powers to make arrests, carry weapons, and serve summonses.

(c) (1) The salary of the chief probation officer shall be twenty-five thousand dollars ($25,000) per calendar year, which salary shall be paid by Pulaski County. (2) The salary of the deputy probation officer shall be twenty-three thousand five hundred dollars ($23,500) per calendar year, which salary shall be paid by Pulaski County. (3) Any probation officer funded through or by the Board of Corrections is specifically excluded from the provisions of this section.

(1) The salary of the chief probation officer shall be twenty-five thousand dollars ($25,000) per calendar year, which salary shall be paid by Pulaski County.

(2) The salary of the deputy probation officer shall be twenty-three thousand five hundred dollars ($23,500) per calendar year, which salary shall be paid by Pulaski County.

(3) Any probation officer funded through or by the Board of Corrections is specifically excluded from the provisions of this section.

(d) Nothing in the provisions of this section shall be construed to repeal or modify the laws now in effect relating to the duties of the State Parole Officer.

(e) (1) The salaries of the chief probation officer and coordinator probation officers set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; and another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid biweekly by Pulaski County. (3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

(1) The salaries of the chief probation officer and coordinator probation officers set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; and another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance.

(2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid biweekly by Pulaski County.

(3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection.

(4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

Acts 1985, No. 336, §§ 7-10; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 1, 12-14; 2011, No. 200, § 1.
Ark. Code Ann. § 16-43-403 — AR Code / Title 16 / Chapter 43 / Subchapter 4 / Section 16-43-403
Witness from another state
Status: in_force

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or proceedings or grand jury or prosecuting attorney's investigations commenced or about to commence, in this state, is a material witness in a prosecution or proceeding pending in a court of record in this state, or in a grand jury or prosecuting attorney's investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in this state he shall be tendered the sum of twelve cents (12¢) a mile for each mile by the ordinary traveled route or the actual expenses of travel, lodging, and meals to and from the court where the prosecution or proceeding is pending or the grand jury or prosecuting attorney's investigation is being conducted and twenty-five dollars ($25.00) for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. Acts 1935, No. 65, § 2; Pope's Dig., § 3943; Acts 1953, No. 352, § 1; 1977, No. 453, § 2; A.S.A. 1947, § 43-2006.

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or proceedings or grand jury or prosecuting attorney's investigations commenced or about to commence, in this state, is a material witness in a prosecution or proceeding pending in a court of record in this state, or in a grand jury or prosecuting attorney's investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

If the witness is summoned to attend and testify in this state he shall be tendered the sum of twelve cents (12¢) a mile for each mile by the ordinary traveled route or the actual expenses of travel, lodging, and meals to and from the court where the prosecution or proceeding is pending or the grand jury or prosecuting attorney's investigation is being conducted and twenty-five dollars ($25.00) for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

Acts 1935, No. 65, § 2; Pope's Dig., § 3943; Acts 1953, No. 352, § 1; 1977, No. 453, § 2; A.S.A. 1947, § 43-2006.
Ark. Code Ann. § 16-110-416 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-416
Notice to employer garnishee
Status: in_force

In any garnishment of salaries, wages, or other compensation due from the employer garnishee, the plaintiff shall include the following notice to the employer garnishee: "NOTICE TO EMPLOYER GARNISHEE" The amount of wages available for withholding for this judgment and costs is subject to certain prior claims. Under Arkansas law, income withholding for child support has a priority over all other legal processes. Under federal law, the total amount to be withheld cannot exceed the maximum amount allowed under § 303(b)." Acts 1989, No. 463, § 2.

In any garnishment of salaries, wages, or other compensation due from the employer garnishee, the plaintiff shall include the following notice to the employer garnishee:

"NOTICE TO EMPLOYER GARNISHEE"

The amount of wages available for withholding for this judgment and costs is subject to certain prior claims. Under Arkansas law, income withholding for child support has a priority over all other legal processes. Under federal law, the total amount to be withheld cannot exceed the maximum amount allowed under § 303(b)."

Acts 1989, No. 463, § 2.
Ark. Code Ann. § 16-106-104 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-104
Actions against county sheriff, clerk, collector of the revenue, etc., for recovery of money
Status: in_force

When the debt is due by a county sheriff, clerk, or the Director of the Revenue Division of the Department of Finance and Administration, or any other receiver of public moneys, for money collected or received, and the officer, collector, or receiver has failed to pay the money in the manner and at the time prescribed by law, the action for the recovery of the debt may be commenced at any time after the failure. Civil Code, § 485; C. & M. Dig., § 9300; Pope's Dig., § 11986; A.S.A. 1947, § 34-204.

When the debt is due by a county sheriff, clerk, or the Director of the Revenue Division of the Department of Finance and Administration, or any other receiver of public moneys, for money collected or received, and the officer, collector, or receiver has failed to pay the money in the manner and at the time prescribed by law, the action for the recovery of the debt may be commenced at any time after the failure.

Civil Code, § 485; C. & M. Dig., § 9300; Pope's Dig., § 11986; A.S.A. 1947, § 34-204.
Ark. Code Ann. § 16-120-704 — AR Code / Title 16 / Chapter 120 / Subchapter 7 / Section 16-120-704
Transfer of assets to avoid claims
Status: in_force

If a nonprofit corporation transfers assets to a member of the board of directors of the corporation or to another nonprofit corporation in order to avoid claims against corporate assets resulting from a judgment rendered as a result of a suit to recover damages for the negligence of the corporation, a corporate employee or a director, the director to whom the asset is transferred, or any director of the corporation from which assets are transferred to avoid those claims may be held personally liable for any judgment rendered. The immunity provided by this subchapter shall be of no force or effect. Acts 1987, No. 970, § 5.

If a nonprofit corporation transfers assets to a member of the board of directors of the corporation or to another nonprofit corporation in order to avoid claims against corporate assets resulting from a judgment rendered as a result of a suit to recover damages for the negligence of the corporation, a corporate employee or a director, the director to whom the asset is transferred, or any director of the corporation from which assets are transferred to avoid those claims may be held personally liable for any judgment rendered. The immunity provided by this subchapter shall be of no force or effect.

Acts 1987, No. 970, § 5.
Ark. Code Ann. § 16-46-206 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 13, eff. 8/16/2013. Rev. Stat., ch. 59, §§ 11, 13; C. & M. Dig., §§ 4130, 4132; Pope's Dig., §§ 5139, 5141; A.S.A. 1947, §§ 28-912, 28-913.

Repealed by Act 2013, No. 1148,§ 13, eff. 8/16/2013.

Rev. Stat., ch. 59, §§ 11, 13; C. & M. Dig., §§ 4130, 4132; Pope's Dig., §§ 5139, 5141; A.S.A. 1947, §§ 28-912, 28-913.
Ark. Code Ann. § 16-19-403 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-403
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 2, p. 430; C. & M. Dig., § 6402; Pope's Dig., § 8364; A.S.A. 1947, § 26-302.

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

Acts 1873, No. 135, § 2, p. 430; C. & M. Dig., § 6402; Pope's Dig., § 8364; A.S.A. 1947, § 26-302.
Ark. Code Ann. § 16-67-330 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-330
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 886; C. & M. Dig., § 2174; Pope's Dig., § 2783; A.S.A. 1947, § 27-2154.

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

Civil Code, § 886; C. & M. Dig., § 2174; Pope's Dig., § 2783; A.S.A. 1947, § 27-2154.
Ark. Code Ann. § 16-66-214 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-214
Effect of filing schedule - Sale stayed without bond - Penalty for sale of scheduled property
Status: in_force

(a) When the schedule provided for in § 16-66-211 has been filed as prescribed in that section, the provisions of Chapter VI, of Title XV of the Code of Civil Practice shall not be considered as applying to the case of the execution or other final process stayed. (b) (1) No indemnifying bond shall be received by the officer levying the execution or enforcing the final process. (2) If any officer, under the pretext of having received an indemnifying bond, undertakes to sell the property described in the schedule, he or she shall be deemed guilty of gross misdemeanor and shall, upon conviction, be imprisoned in the county jail for a term of not less than one (1) month nor to exceed two (2) months and shall be fined in a sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). He or she shall furthermore be liable upon his official bond to the defendant in twice the amount of damages incurred by the defendant. Acts 1871, No. 58, § 3, p. 285; C. & M. Dig., §§ 5556, 5557; Pope's Dig., §§ 7195, 7196; A.S.A. 1947, § 30-215.

(a) When the schedule provided for in § 16-66-211 has been filed as prescribed in that section, the provisions of Chapter VI, of Title XV of the Code of Civil Practice shall not be considered as applying to the case of the execution or other final process stayed.

(b) (1) No indemnifying bond shall be received by the officer levying the execution or enforcing the final process. (2) If any officer, under the pretext of having received an indemnifying bond, undertakes to sell the property described in the schedule, he or she shall be deemed guilty of gross misdemeanor and shall, upon conviction, be imprisoned in the county jail for a term of not less than one (1) month nor to exceed two (2) months and shall be fined in a sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). He or she shall furthermore be liable upon his official bond to the defendant in twice the amount of damages incurred by the defendant.

(1) No indemnifying bond shall be received by the officer levying the execution or enforcing the final process.

(2) If any officer, under the pretext of having received an indemnifying bond, undertakes to sell the property described in the schedule, he or she shall be deemed guilty of gross misdemeanor and shall, upon conviction, be imprisoned in the county jail for a term of not less than one (1) month nor to exceed two (2) months and shall be fined in a sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). He or she shall furthermore be liable upon his official bond to the defendant in twice the amount of damages incurred by the defendant.

Acts 1871, No. 58, § 3, p. 285; C. & M. Dig., §§ 5556, 5557; Pope's Dig., §§ 7195, 7196; A.S.A. 1947, § 30-215.
Ark. Code Ann. § 16-10-122 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-122
Sheriffs of courts
Status: in_force

The sheriffs of the several counties shall be sheriffs of the several courts in their respective counties, and the sheriff in the county in which the Supreme Court is held shall be sheriff of that court. Rev. Stat., ch. 43, § 21; C. & M. Dig., § 2105; Pope's Dig., § 2709; A.S.A. 1947, § 22-111.

The sheriffs of the several counties shall be sheriffs of the several courts in their respective counties, and the sheriff in the county in which the Supreme Court is held shall be sheriff of that court.

Rev. Stat., ch. 43, § 21; C. & M. Dig., § 2105; Pope's Dig., § 2709; A.S.A. 1947, § 22-111.
Ark. Code Ann. § 16-47-212 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-212
Act cumulative
Status: in_force

This act shall be cumulative to other acts of the General Assembly relating to acknowledgments. Acts 1971, No. 365, § 4; A.S.A. 1947, § 49-110.2.

This act shall be cumulative to other acts of the General Assembly relating to acknowledgments.

Acts 1971, No. 365, § 4; A.S.A. 1947, § 49-110.2.
Ark. Code Ann. § 16-85-503 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-503
Scope of inquiry
Status: in_force

(a) The grand jury must inquire: (1) Into the case of every person imprisoned in the county jail or detention facility or on bail who has not been charged by indictment or information within sixty (60) days of arrest; (2) Into the condition and management of the public prisons of the county; and (3) Into the willful and corrupt misconduct in office of public officers of every description in the county. (b) The grand jury may inquire into all public offenses committed within the jurisdiction of the court in which they are impaneled and to indict such persons as they find guilty thereof. (c) If a member of the grand jury knows or has reason to believe that a public offense has been committed within the jurisdiction of the court, he or she must disclose the knowledge or belief to his or her fellow jurors, who must thereupon investigate the offense. (d) Grand jurors are entitled to free access, at all reasonable times, to public prisons and to the examination, without charge, of all public records in the county. (e) It is the duty of every grand jury at each term of the circuit court to make careful examination of the condition of the accounts of the collecting officers of the county and any matters relating to the general school fund. Crim. Code, §§ 99, 104-106; Acts 1871, No. 28, § 18, p. 81; C. & M. Dig., §§ 2982-2986; Pope's Dig., §§ 3804-3808; A.S.A. 1947, §§ 43-907 -- 43-911; Acts 2005, No. 1994, § 319.

(a) The grand jury must inquire: (1) Into the case of every person imprisoned in the county jail or detention facility or on bail who has not been charged by indictment or information within sixty (60) days of arrest; (2) Into the condition and management of the public prisons of the county; and (3) Into the willful and corrupt misconduct in office of public officers of every description in the county.

(1) Into the case of every person imprisoned in the county jail or detention facility or on bail who has not been charged by indictment or information within sixty (60) days of arrest;

(2) Into the condition and management of the public prisons of the county; and

(3) Into the willful and corrupt misconduct in office of public officers of every description in the county.

(b) The grand jury may inquire into all public offenses committed within the jurisdiction of the court in which they are impaneled and to indict such persons as they find guilty thereof.

(c) If a member of the grand jury knows or has reason to believe that a public offense has been committed within the jurisdiction of the court, he or she must disclose the knowledge or belief to his or her fellow jurors, who must thereupon investigate the offense.

(d) Grand jurors are entitled to free access, at all reasonable times, to public prisons and to the examination, without charge, of all public records in the county.

(e) It is the duty of every grand jury at each term of the circuit court to make careful examination of the condition of the accounts of the collecting officers of the county and any matters relating to the general school fund.

Crim. Code, §§ 99, 104-106; Acts 1871, No. 28, § 18, p. 81; C. & M. Dig., §§ 2982-2986; Pope's Dig., §§ 3804-3808; A.S.A. 1947, §§ 43-907 -- 43-911; Acts 2005, No. 1994, § 319.
Ark. Code Ann. § 16-96-107 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-107
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 308; C. & M. Dig., § 3295; Pope's Dig., § 4143; A.S.A. 1947, § 44-110.

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

Crim. Code, § 308; C. & M. Dig., § 3295; Pope's Dig., § 4143; A.S.A. 1947, § 44-110.
Ark. Code Ann. § 16-119-101 — AR Code / Title 16 / Chapter 119 / Section 16-119-101
Other methods of restoration unaffected by chapter
Status: in_force

Nothing in this chapter shall be so construed as to hinder or prevent any lost, burned, or destroyed records, papers, or proceedings from being reinstated and reestablished by any other mode known to or recognized by laws existing prior to January 10, 1857, should the other mode be deemed more convenient and work no wrong or injustice to the parties interested. Acts 1855, § 7, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8351; Pope's Dig., §§ 10938, 10947; A.S.A. 1947, §§ 16-409, 16-412.

Nothing in this chapter shall be so construed as to hinder or prevent any lost, burned, or destroyed records, papers, or proceedings from being reinstated and reestablished by any other mode known to or recognized by laws existing prior to January 10, 1857, should the other mode be deemed more convenient and work no wrong or injustice to the parties interested.

Acts 1855, § 7, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8351; Pope's Dig., §§ 10938, 10947; A.S.A. 1947, §§ 16-409, 16-412.
Ark. Code Ann. § 16-33-203 — AR Code / Title 16 / Chapter 33 / Subchapter 2 / Section 16-33-203
Peremptory challenges - Panel
Status: in_force

(a) Each party shall have three (3) peremptory challenges, which may be made orally. (b) (1) However, if either party desires a panel, the court shall cause the names of twenty-four (24) competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of eighteen (18) shall be drawn and entered on a list in the order in which they were drawn, and numbered. (2) Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so struck to the judge, who shall strike from the original list the names so stricken from the copies, and the first twelve (12) names remaining on the original list shall constitute the jury. Civil Code, § 347; C. & M. Dig., §§ 6381, 6383, 6384; Pope's Dig., §§ 8343, 8345, 8346; A.S.A. 1947, § 39-229.

(a) Each party shall have three (3) peremptory challenges, which may be made orally.

(b) (1) However, if either party desires a panel, the court shall cause the names of twenty-four (24) competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of eighteen (18) shall be drawn and entered on a list in the order in which they were drawn, and numbered. (2) Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so struck to the judge, who shall strike from the original list the names so stricken from the copies, and the first twelve (12) names remaining on the original list shall constitute the jury.

(1) However, if either party desires a panel, the court shall cause the names of twenty-four (24) competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of eighteen (18) shall be drawn and entered on a list in the order in which they were drawn, and numbered.

(2) Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so struck to the judge, who shall strike from the original list the names so stricken from the copies, and the first twelve (12) names remaining on the original list shall constitute the jury.

Civil Code, § 347; C. & M. Dig., §§ 6381, 6383, 6384; Pope's Dig., §§ 8343, 8345, 8346; A.S.A. 1947, § 39-229.
Ark. Code Ann. § 16-102-101 — AR Code / Title 16 / Chapter 102 / Section 16-102-101
Specialty court authorized - Program authorized - Evaluation - Restriction on services and treatment
Status: in_force

(a) A district court may establish a DWI/BWI specialty court program for persons convicted of driving or boating while intoxicated, § 5-65-103 , subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 18. (b) A DWI/BWI specialty court is a specialized court within the existing structure of the court system. (c) The goals of the DWI/BWI specialty court program shall be consistent with standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021. (d) A DWI/BWI specialty court program authorized under this chapter is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 . (e) (1) A DWI/BWI specialty court program may not order any services, including mental health or substance use disorder treatment under this chapter unless: (A) An administrative and programmatic appropriation has been made for the services; (B) Administrative and programmatic funding is available for the services; and (C) Administrative and programmatic positions have been authorized for the services. (2) If the requirements of subdivision (e)(1) of this section are not met, a DWI/BWI specialty court may still order the services if the provider waives payment or if the DWI/BWI specialty court program participant has private insurance that will pay for the services. Added by Act 2021, No. 58,§ 4, eff. 7/28/2021.

(a) A district court may establish a DWI/BWI specialty court program for persons convicted of driving or boating while intoxicated, § 5-65-103 , subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 18.

(b) A DWI/BWI specialty court is a specialized court within the existing structure of the court system.

(c) The goals of the DWI/BWI specialty court program shall be consistent with standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021.

(d) A DWI/BWI specialty court program authorized under this chapter is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 .

(e) (1) A DWI/BWI specialty court program may not order any services, including mental health or substance use disorder treatment under this chapter unless: (A) An administrative and programmatic appropriation has been made for the services; (B) Administrative and programmatic funding is available for the services; and (C) Administrative and programmatic positions have been authorized for the services. (2) If the requirements of subdivision (e)(1) of this section are not met, a DWI/BWI specialty court may still order the services if the provider waives payment or if the DWI/BWI specialty court program participant has private insurance that will pay for the services.

(1) A DWI/BWI specialty court program may not order any services, including mental health or substance use disorder treatment under this chapter unless: (A) An administrative and programmatic appropriation has been made for the services; (B) Administrative and programmatic funding is available for the services; and (C) Administrative and programmatic positions have been authorized for the services.

(A) An administrative and programmatic appropriation has been made for the services;

(B) Administrative and programmatic funding is available for the services; and

(C) Administrative and programmatic positions have been authorized for the services.

(2) If the requirements of subdivision (e)(1) of this section are not met, a DWI/BWI specialty court may still order the services if the provider waives payment or if the DWI/BWI specialty court program participant has private insurance that will pay for the services.

Added by Act 2021, No. 58,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 16-90-1403 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1403
Scope
Status: in_force

(a) This subchapter governs all proceedings involving the sealing of criminal records. (b) Inconsistencies between this subchapter and any other sections within the Arkansas Code in existence January 1, 2014, are resolved in favor of this subchapter, except that this subchapter does not apply to: (1) The Arkansas Drug Court Act, § 16-98-301 et seq.; (2) Extended juvenile jurisdiction records under § 9-27-508 , unless the records are considered adult criminal records under § 9-27-501 et seq.; and (3) The sealing of juvenile records. (c) (1) A court may hear a proceeding under this subchapter only if a uniform petition is initially filed by the petitioner. (2) A court may only use a uniform order if the court decides to seal a criminal record under this subchapter. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) This subchapter governs all proceedings involving the sealing of criminal records.

(b) Inconsistencies between this subchapter and any other sections within the Arkansas Code in existence January 1, 2014, are resolved in favor of this subchapter, except that this subchapter does not apply to: (1) The Arkansas Drug Court Act, § 16-98-301 et seq.; (2) Extended juvenile jurisdiction records under § 9-27-508 , unless the records are considered adult criminal records under § 9-27-501 et seq.; and (3) The sealing of juvenile records.

(1) The Arkansas Drug Court Act, § 16-98-301 et seq.;

(2) Extended juvenile jurisdiction records under § 9-27-508 , unless the records are considered adult criminal records under § 9-27-501 et seq.; and

(3) The sealing of juvenile records.

(c) (1) A court may hear a proceeding under this subchapter only if a uniform petition is initially filed by the petitioner. (2) A court may only use a uniform order if the court decides to seal a criminal record under this subchapter.

(1) A court may hear a proceeding under this subchapter only if a uniform petition is initially filed by the petitioner.

(2) A court may only use a uniform order if the court decides to seal a criminal record under this subchapter.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-13-2607 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2607
Bailiffs
Status: in_force

(a) The circuit, chancery, and circuit-chancery judges of the Eighteenth Judicial District - East may each appoint one (1) court bailiff and, by concurrence of a majority of the judges in the judicial district, two (2) at-large bailiffs to serve as circumstances warrant. (b) (1) The duties of the bailiffs shall include: (A) The supervision and maintenance of order in the courtroom; (B) Providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings; (C) Administering oaths; and (D) Other related duties as assigned by the judges. (2) When acting within the scope of their duties, the bailiffs shall exercise all the powers necessary and proper to perform their duties, including the powers of a deputy sheriff and the power to make arrests, carry a weapon, and serve summons. (3) The bailiffs shall have and maintain law enforcement certification as is necessary to fully perform the functions of their office. (c) (1) (A) The compensation package of the bailiffs shall be determined by the Garland County Quorum Court. (B) If the quorum court raises salary benefits for county employees, it shall also raise salary or benefits an equivalent amount for the bailiffs. (2) Any other employment or salary considerations will be governed by Garland County's Job Evaluation Salary Administration Program. Acts 2001, No. 1529, § 1.

(a) The circuit, chancery, and circuit-chancery judges of the Eighteenth Judicial District - East may each appoint one (1) court bailiff and, by concurrence of a majority of the judges in the judicial district, two (2) at-large bailiffs to serve as circumstances warrant.

(b) (1) The duties of the bailiffs shall include: (A) The supervision and maintenance of order in the courtroom; (B) Providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings; (C) Administering oaths; and (D) Other related duties as assigned by the judges. (2) When acting within the scope of their duties, the bailiffs shall exercise all the powers necessary and proper to perform their duties, including the powers of a deputy sheriff and the power to make arrests, carry a weapon, and serve summons. (3) The bailiffs shall have and maintain law enforcement certification as is necessary to fully perform the functions of their office.

(1) The duties of the bailiffs shall include: (A) The supervision and maintenance of order in the courtroom; (B) Providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings; (C) Administering oaths; and (D) Other related duties as assigned by the judges.

(A) The supervision and maintenance of order in the courtroom;

(B) Providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings;

(C) Administering oaths; and

(D) Other related duties as assigned by the judges.

(2) When acting within the scope of their duties, the bailiffs shall exercise all the powers necessary and proper to perform their duties, including the powers of a deputy sheriff and the power to make arrests, carry a weapon, and serve summons.

(3) The bailiffs shall have and maintain law enforcement certification as is necessary to fully perform the functions of their office.

(c) (1) (A) The compensation package of the bailiffs shall be determined by the Garland County Quorum Court. (B) If the quorum court raises salary benefits for county employees, it shall also raise salary or benefits an equivalent amount for the bailiffs. (2) Any other employment or salary considerations will be governed by Garland County's Job Evaluation Salary Administration Program.

(1) (A) The compensation package of the bailiffs shall be determined by the Garland County Quorum Court. (B) If the quorum court raises salary benefits for county employees, it shall also raise salary or benefits an equivalent amount for the bailiffs.

(A) The compensation package of the bailiffs shall be determined by the Garland County Quorum Court.

(B) If the quorum court raises salary benefits for county employees, it shall also raise salary or benefits an equivalent amount for the bailiffs.

(2) Any other employment or salary considerations will be governed by Garland County's Job Evaluation Salary Administration Program.

Acts 2001, No. 1529, § 1.
Ark. Code Ann. § 16-21-2001 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2001
Legislative findings and intent
Status: in_force

(a) It is not the purpose of this subchapter to repeal any laws fixing the fees of prosecuting attorneys. (b) It is further recognized that for the most important and complicated work performed by the prosecuting attorney of the counties affected by this subchapter, fees are not provided by law. Therefore, it is specifically a legislative intent to provide the salaries set forth in this subchapter without regard to the amount of prosecuting attorney's fees and emoluments earned or collected in the judicial district affected by this subchapter. Acts 1981, No. 298, § 4; A.S.A. 1947, § 24-114.11c.

(a) It is not the purpose of this subchapter to repeal any laws fixing the fees of prosecuting attorneys.

(b) It is further recognized that for the most important and complicated work performed by the prosecuting attorney of the counties affected by this subchapter, fees are not provided by law. Therefore, it is specifically a legislative intent to provide the salaries set forth in this subchapter without regard to the amount of prosecuting attorney's fees and emoluments earned or collected in the judicial district affected by this subchapter.

Acts 1981, No. 298, § 4; A.S.A. 1947, § 24-114.11c.
Ark. Code Ann. § 16-112-106 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-106
Service of writ
Status: in_force

(a) The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom it is directed or, in his or her absence from the place where the petitioner is confined, on the person having him or her in immediate custody. (b) If the person upon whom the writ ought to be served conceals himself or herself or refuses admittance to the person attempting the service, it may be served by affixing a copy of the writ in some conspicuous place on the outside either of the dwelling house or jail, or place where the party is confined. (c) Anyone having in his or her custody or under his or her power any person for whose relief a writ of habeas corpus shall have been issued or who is entitled to a writ of habeas corpus to inquire into the cause of his or her detention who shall transfer the person to the custody of another or place the person under the control or power of another, conceal the person, or change the place of the person's confinement with the intent to elude the service of the writ shall be guilty of a Class A misdemeanor and shall pay the party injured five hundred dollars ($500). Rev. Stat., ch. 73, art. 2, § 2; Rev. Stat., ch. 73, art. 4, §§ 13, 16; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5097, 5098, 5108; Pope's Dig., §§ 6360, 6361, 6371; A.S.A. 1947, §§ 34-1713 -- 34-1715; Acts 2005, No. 1994, § 225.

(a) The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom it is directed or, in his or her absence from the place where the petitioner is confined, on the person having him or her in immediate custody.

(b) If the person upon whom the writ ought to be served conceals himself or herself or refuses admittance to the person attempting the service, it may be served by affixing a copy of the writ in some conspicuous place on the outside either of the dwelling house or jail, or place where the party is confined.

(c) Anyone having in his or her custody or under his or her power any person for whose relief a writ of habeas corpus shall have been issued or who is entitled to a writ of habeas corpus to inquire into the cause of his or her detention who shall transfer the person to the custody of another or place the person under the control or power of another, conceal the person, or change the place of the person's confinement with the intent to elude the service of the writ shall be guilty of a Class A misdemeanor and shall pay the party injured five hundred dollars ($500).

Rev. Stat., ch. 73, art. 2, § 2; Rev. Stat., ch. 73, art. 4, §§ 13, 16; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5097, 5098, 5108; Pope's Dig., §§ 6360, 6361, 6371; A.S.A. 1947, §§ 34-1713 -- 34-1715; Acts 2005, No. 1994, § 225.
Ark. Code Ann. § 16-120-1203 — AR Code / Title 16 / Chapter 120 / Subchapter 12 / Section 16-120-1203
Definitions
Status: in_force

As used in this subchapter: (1) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use; (2) "Nonemployee" means an individual: (A) Not employed by the property owner; and (B) Not a prohibited person under § 16-120-1205 ; and (3) "Property owner" means an individual, group of individuals, or entity that owns, leases, controls, or otherwise operates real property. Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;

(2) "Nonemployee" means an individual: (A) Not employed by the property owner; and (B) Not a prohibited person under § 16-120-1205 ; and

(A) Not employed by the property owner; and

(B) Not a prohibited person under § 16-120-1205 ; and

(3) "Property owner" means an individual, group of individuals, or entity that owns, leases, controls, or otherwise operates real property.

Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-21-1204 — AR Code / Title 16 / Chapter 21 / Subchapter 12 / Section 16-21-1204
Funding
Status: in_force

(a) Searcy County shall continue to bear the responsibility and expense of providing at the county's expense through an annual appropriation the following at sufficient levels for operation, but not less than the amounts appropriated by ordinance in effect February 1, 2003, the cost of facilities, equipment, supplies, salaries, benefits of existing support staff, and other office expenses and an office for the elected prosecuting attorney and deputy prosecuting attorney, and any other line-item appropriation as approved in the 2003 county budget except for deputy prosecuting attorney salary and benefits. (b) The county shall provide compensation of additional expenses within the office of the prosecuting attorney and deputy prosecuting attorney when approved by the quorum court. Acts 2003, No. 1755, § 2.

(a) Searcy County shall continue to bear the responsibility and expense of providing at the county's expense through an annual appropriation the following at sufficient levels for operation, but not less than the amounts appropriated by ordinance in effect February 1, 2003, the cost of facilities, equipment, supplies, salaries, benefits of existing support staff, and other office expenses and an office for the elected prosecuting attorney and deputy prosecuting attorney, and any other line-item appropriation as approved in the 2003 county budget except for deputy prosecuting attorney salary and benefits.

(b) The county shall provide compensation of additional expenses within the office of the prosecuting attorney and deputy prosecuting attorney when approved by the quorum court.

Acts 2003, No. 1755, § 2.
Ark. Code Ann. § 16-84-117 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-117
Conditions for release on bail for persons accused of human trafficking and related offenses
Status: in_force

(a) As used in this section, "offense that involves the taking of a minor or holding a minor without consent" does not mean an offense under § 5-26-501 et seq. (b) Unless waived by the court under subsection (c) of this section, a person arrested for a violation of trafficking of persons, § 5-18-103 , kidnapping, § 5-11-102 , or false imprisonment in the first degree, § 5-11-103 , or an offense that involves the taking of a minor or holding a minor without consent, shall not be granted bail before the person agrees to the following conditions imposed by the arraigning court: (1) An ankle monitor or GPS-enabled tracking device; (2) Restricted movement limited to the person's residence, except in the case of a medical emergency; (3) A restriction on internet access and access to electronic media; (4) An agreement by the person to: (A) A no contact order prohibiting direct or indirect contact with the victim or victims of the charged offense; (B) Relinquish all firearms to a third party until the expiration of the no contact order; and (C) Refrain from using an illegal controlled substance; (5) A cash bond or a secured bond requiring the person to put up at least fifty percent (50%) of the principal bond amount, at the discretion of the court; (6) Maintaining regular reporting requirements, at the discretion of the court; and (7) Obeying a curfew, at the court's discretion. (c) The court may waive a condition under subsection (b) of this section upon a showing that the waiver would not result in an increased risk to the community or an increased risk of flight by the person. (d) Absent a waiver by the court under subsection (c) of this section, a person who refuses or fails to agree to or adhere to a condition listed under subsection (b) of this section shall not be allowed release on bail until the conclusion of his or her case. Amended by Act 2023, No. 177,§ 11, eff. 8/1/2023. Added by Act 2021, No. 798,§ 1, eff. 7/28/2021.

(a) As used in this section, "offense that involves the taking of a minor or holding a minor without consent" does not mean an offense under § 5-26-501 et seq.

(b) Unless waived by the court under subsection (c) of this section, a person arrested for a violation of trafficking of persons, § 5-18-103 , kidnapping, § 5-11-102 , or false imprisonment in the first degree, § 5-11-103 , or an offense that involves the taking of a minor or holding a minor without consent, shall not be granted bail before the person agrees to the following conditions imposed by the arraigning court: (1) An ankle monitor or GPS-enabled tracking device; (2) Restricted movement limited to the person's residence, except in the case of a medical emergency; (3) A restriction on internet access and access to electronic media; (4) An agreement by the person to: (A) A no contact order prohibiting direct or indirect contact with the victim or victims of the charged offense; (B) Relinquish all firearms to a third party until the expiration of the no contact order; and (C) Refrain from using an illegal controlled substance; (5) A cash bond or a secured bond requiring the person to put up at least fifty percent (50%) of the principal bond amount, at the discretion of the court; (6) Maintaining regular reporting requirements, at the discretion of the court; and (7) Obeying a curfew, at the court's discretion.

(1) An ankle monitor or GPS-enabled tracking device;

(2) Restricted movement limited to the person's residence, except in the case of a medical emergency;

(3) A restriction on internet access and access to electronic media;

(4) An agreement by the person to: (A) A no contact order prohibiting direct or indirect contact with the victim or victims of the charged offense; (B) Relinquish all firearms to a third party until the expiration of the no contact order; and (C) Refrain from using an illegal controlled substance;

(A) A no contact order prohibiting direct or indirect contact with the victim or victims of the charged offense;

(B) Relinquish all firearms to a third party until the expiration of the no contact order; and

(C) Refrain from using an illegal controlled substance;

(5) A cash bond or a secured bond requiring the person to put up at least fifty percent (50%) of the principal bond amount, at the discretion of the court;

(6) Maintaining regular reporting requirements, at the discretion of the court; and

(7) Obeying a curfew, at the court's discretion.

(c) The court may waive a condition under subsection (b) of this section upon a showing that the waiver would not result in an increased risk to the community or an increased risk of flight by the person.

(d) Absent a waiver by the court under subsection (c) of this section, a person who refuses or fails to agree to or adhere to a condition listed under subsection (b) of this section shall not be allowed release on bail until the conclusion of his or her case.

Amended by Act 2023, No. 177,§ 11, eff. 8/1/2023.

Added by Act 2021, No. 798,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-90-1105 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1105
Limitations on employer
Status: in_force

An employer may not discharge or discipline a victim or a representative of the victim for: (1) Participation at the prosecuting attorney's request in preparation for a criminal justice proceeding; or (2) Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim. Acts 1997, No. 1262, § 6.

An employer may not discharge or discipline a victim or a representative of the victim for:

(1) Participation at the prosecuting attorney's request in preparation for a criminal justice proceeding; or

(2) Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim.

Acts 1997, No. 1262, § 6.
Ark. Code Ann. § 16-115-104 — AR Code / Title 16 / Chapter 115 / Section 16-115-104
Hearings - Necessity - Time
Status: in_force

(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted. (b) In the event a hearing is deemed necessary, the judge shall fix and announce a day of court to be held within forty-five (45) days from the date of application. Acts 1939, No. 54, § 6; A.S.A. 1947, § 33-106; Acts 1991, No. 582, § 1.

(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted.

(b) In the event a hearing is deemed necessary, the judge shall fix and announce a day of court to be held within forty-five (45) days from the date of application.

Acts 1939, No. 54, § 6; A.S.A. 1947, § 33-106; Acts 1991, No. 582, § 1.
Ark. Code Ann. § 16-55-219 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-219
Coroner or medical examiner
Status: in_force

Nothing in § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 shall be construed to diminish or enlarge the powers or duties of a coroner or medical examiner. Acts 2003, No. 649, § 24.

Nothing in § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 shall be construed to diminish or enlarge the powers or duties of a coroner or medical examiner.

Acts 2003, No. 649, § 24.
Ark. Code Ann. § 16-105-208 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-208
Hearings for temporary and permanent injunction - Procedures
Status: in_force

(a) Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance. (b) (1) The fact that the defendant has paid the internal revenue special tax as a retail liquor dealer or is in possession of an internal revenue tax stamp as a retail liquor dealer shall be prima facie evidence of sales of intoxicating liquors by the defendant during the time for which he or she has paid the internal revenue special tax. (2) Copies of the records of the office of the Internal Revenue Service showing that the defendant has paid the internal revenue special tax shall be admissible in evidence in the proceeding when the copies are certified to be full, true, and complete by the district internal revenue collector. Acts 1915, No. 109, § 5; C. & M. Dig., § 6200; Pope's Dig., § 10922; A.S.A. 1947, § 34-105; Acts 2003, No. 1185, § 221.

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

(b) (1) The fact that the defendant has paid the internal revenue special tax as a retail liquor dealer or is in possession of an internal revenue tax stamp as a retail liquor dealer shall be prima facie evidence of sales of intoxicating liquors by the defendant during the time for which he or she has paid the internal revenue special tax. (2) Copies of the records of the office of the Internal Revenue Service showing that the defendant has paid the internal revenue special tax shall be admissible in evidence in the proceeding when the copies are certified to be full, true, and complete by the district internal revenue collector.

(1) The fact that the defendant has paid the internal revenue special tax as a retail liquor dealer or is in possession of an internal revenue tax stamp as a retail liquor dealer shall be prima facie evidence of sales of intoxicating liquors by the defendant during the time for which he or she has paid the internal revenue special tax.

(2) Copies of the records of the office of the Internal Revenue Service showing that the defendant has paid the internal revenue special tax shall be admissible in evidence in the proceeding when the copies are certified to be full, true, and complete by the district internal revenue collector.

Acts 1915, No. 109, § 5; C. & M. Dig., § 6200; Pope's Dig., § 10922; A.S.A. 1947, § 34-105; Acts 2003, No. 1185, § 221.
Ark. Code Ann. § 16-58-103 — AR Code / Title 16 / Chapter 58 / Section 16-58-103
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 20, eff. 8/16/2013. Civil Code, §§ 60, 61, 762; C. & M. Dig., §§ 1127, 1137, 1138; Pope's Dig., §§ 1343, 1353, 1354; A.S.A. 1947, §§ 27-310, 27-312, 27-313.

Repealed by Act 2013, No. 1148,§ 20, eff. 8/16/2013.

Civil Code, §§ 60, 61, 762; C. & M. Dig., §§ 1127, 1137, 1138; Pope's Dig., §§ 1343, 1353, 1354; A.S.A. 1947, §§ 27-310, 27-312, 27-313.
Ark. Code Ann. § 16-13-1802 — AR Code / Title 16 / Chapter 13 / Subchapter 18 / Section 16-13-1802
Terms of court
Status: in_force

The terms of court in each county in the Tenth Judicial District shall commence on the dates set forth below: (1) Ashley County: On the third Monday in March and the third Monday in October; (2) Bradley County: On the first Monday in February and the second Monday in September; (3) Chicot County: On the second Monday in July and the first Monday in December; and (4) Drew County: On the third Monday in February and the third Monday in September. Acts 1893, No. 56, § 6, p. 84; 1911, No. 290, § 1; 1919, No. 102, § 1; 1953, No. 199, § 11; A.S.A. 1947, § 22-310; Acts 1991, No. 290, § 3.

The terms of court in each county in the Tenth Judicial District shall commence on the dates set forth below:

(1) Ashley County: On the third Monday in March and the third Monday in October;

(2) Bradley County: On the first Monday in February and the second Monday in September;

(3) Chicot County: On the second Monday in July and the first Monday in December; and

(4) Drew County: On the third Monday in February and the third Monday in September.

Acts 1893, No. 56, § 6, p. 84; 1911, No. 290, § 1; 1919, No. 102, § 1; 1953, No. 199, § 11; A.S.A. 1947, § 22-310; Acts 1991, No. 290, § 3.
Ark. Code Ann. § 16-17-210 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-210
Special judges
Status: in_force

(a) If a district judge is disqualified or temporarily unable to serve, or if the Chief Justice of the Supreme Court shall determine that there is other need for a special judge to be temporarily appointed, a special judge may be assigned by the Chief Justice or elected by the bar of the district court, under rules prescribed by the Supreme Court, to serve during the period of temporary disqualification, absence, or need. (b) A special judge shall have the same power and authority in the court as the regular district judge would have if present and presiding and shall have the same qualifications as are required by law for the regular district judge. (c) A district judge who is assigned by the Chief Justice to act as a special judge under this section shall receive reimbursement of expenses for his or her service at the rate provided for in § 16-17-1108 . Acts 1927, No. 60, § 5; Pope's Dig., § 9901; Acts 1973, No. 165, § 1; A.S.A. 1947, § 22-705; Acts 2003, No. 1185, §§ 125, 126; 2011, No. 274, § 7.

(a) If a district judge is disqualified or temporarily unable to serve, or if the Chief Justice of the Supreme Court shall determine that there is other need for a special judge to be temporarily appointed, a special judge may be assigned by the Chief Justice or elected by the bar of the district court, under rules prescribed by the Supreme Court, to serve during the period of temporary disqualification, absence, or need.

(b) A special judge shall have the same power and authority in the court as the regular district judge would have if present and presiding and shall have the same qualifications as are required by law for the regular district judge.

(c) A district judge who is assigned by the Chief Justice to act as a special judge under this section shall receive reimbursement of expenses for his or her service at the rate provided for in § 16-17-1108 .

Acts 1927, No. 60, § 5; Pope's Dig., § 9901; Acts 1973, No. 165, § 1; A.S.A. 1947, § 22-705; Acts 2003, No. 1185, §§ 125, 126; 2011, No. 274, § 7.
Ark. Code Ann. § 16-94-216 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-216
Bail
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as the judge or magistrate deems proper, for the prisoner's appearance before the judge or magistrate at a time specified in such bond or undertaking, and for the prisoner's surrender, to be arrested upon the warrant of the Governor of this state. Acts 1935, No. 126, § 16; Pope's Dig., § 6096; A.S.A. 1947, § 43-3016.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as the judge or magistrate deems proper, for the prisoner's appearance before the judge or magistrate at a time specified in such bond or undertaking, and for the prisoner's surrender, to be arrested upon the warrant of the Governor of this state.

Acts 1935, No. 126, § 16; Pope's Dig., § 6096; A.S.A. 1947, § 43-3016.
Ark. Code Ann. § 16-13-205 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-205
Writs of certiorari - Temporary restraining orders - Enforcement
Status: in_force

(a) The circuit courts shall have power to issue writs of certiorari to any officer or board of officers, city or town council, or any inferior tribunal of their respective counties in order to correct any erroneous or void proceeding or ordinance and to hear and determine the proceeding or ordinance. (b) (1) Application for a writ of certiorari may be made to the court or the judge thereof in vacation on reasonable notice. (2) A temporary restraining order may be granted upon the application for a writ of certiorari on bond and good security being given, in a sum to be fixed by the court or the judge in vacation, conditioned that the applicant will perform the judgment of the court. (c) (1) Affidavits may be read on such applications, and evidence dehors the record may be introduced by either party on the hearing. (2) The record of any such inferior judicial tribunal shall be conclusive as far as the record extends, but the acts of any executive officer or board of that inferior tribunal shall only be prima facie evidence of their regularity and legality. (d) The court shall have power in such cases to enforce its judgment by mandamus, prohibition, and other appropriate writs. Civil Code, § 18; Acts 1873, No. 88, § 1 [18], p. 213; 1899, No. 62, § 1, p. 112; C. & M. Dig., §§ 2237, 2238; Pope's Dig., §§ 2865, 2866; A.S.A. 1947, §§ 22-302, 22-303.

(a) The circuit courts shall have power to issue writs of certiorari to any officer or board of officers, city or town council, or any inferior tribunal of their respective counties in order to correct any erroneous or void proceeding or ordinance and to hear and determine the proceeding or ordinance.

(b) (1) Application for a writ of certiorari may be made to the court or the judge thereof in vacation on reasonable notice. (2) A temporary restraining order may be granted upon the application for a writ of certiorari on bond and good security being given, in a sum to be fixed by the court or the judge in vacation, conditioned that the applicant will perform the judgment of the court.

(1) Application for a writ of certiorari may be made to the court or the judge thereof in vacation on reasonable notice.

(2) A temporary restraining order may be granted upon the application for a writ of certiorari on bond and good security being given, in a sum to be fixed by the court or the judge in vacation, conditioned that the applicant will perform the judgment of the court.

(c) (1) Affidavits may be read on such applications, and evidence dehors the record may be introduced by either party on the hearing. (2) The record of any such inferior judicial tribunal shall be conclusive as far as the record extends, but the acts of any executive officer or board of that inferior tribunal shall only be prima facie evidence of their regularity and legality.

(1) Affidavits may be read on such applications, and evidence dehors the record may be introduced by either party on the hearing.

(2) The record of any such inferior judicial tribunal shall be conclusive as far as the record extends, but the acts of any executive officer or board of that inferior tribunal shall only be prima facie evidence of their regularity and legality.

(d) The court shall have power in such cases to enforce its judgment by mandamus, prohibition, and other appropriate writs.

Civil Code, § 18; Acts 1873, No. 88, § 1 [18], p. 213; 1899, No. 62, § 1, p. 112; C. & M. Dig., §§ 2237, 2238; Pope's Dig., §§ 2865, 2866; A.S.A. 1947, §§ 22-302, 22-303.
Ark. Code Ann. § 16-90-110 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-110
Fixing of punishment - Judgment of death
Status: in_force

Where judgment of death is pronounced, the day of the execution shall be fixed in the judgment. The day of execution shall not be in less than thirty (30) days after the judgment. Crim. Code, § 285; C. & M. Dig., § 3238; Pope's Dig., § 4078; A.S.A. 1947, § 43-2313.

Where judgment of death is pronounced, the day of the execution shall be fixed in the judgment. The day of execution shall not be in less than thirty (30) days after the judgment.

Crim. Code, § 285; C. & M. Dig., § 3238; Pope's Dig., § 4078; A.S.A. 1947, § 43-2313.
Ark. Code Ann. § 16-19-801 — AR Code / Title 16 / Chapter 19 / Subchapter 8 / Section 16-19-801
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 44-51, p. 430; C. & M. Dig., §§ 6453-6460; Pope's Dig., §§ 8415-8422; A.S.A. 1947, §§ 26-903 -- 26-910.

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

Acts 1873, No. 135, §§ 44-51, p. 430; C. & M. Dig., §§ 6453-6460; Pope's Dig., §§ 8415-8422; A.S.A. 1947, §§ 26-903 -- 26-910.
Ark. Code Ann. § 16-63-220 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-220
Reply to action brought by prisoner
Status: in_force

(a) (1) (A) Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under Section 1979 of the Revised Statutes of the United States, 42 U.S.C. § 1983 , or any other federal law or state law. (B) Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. (2) No relief shall be granted to the plaintiff unless a reply has been filed. (b) The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits. Acts 1997, No. 286, § 1.

(a) (1) (A) Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under Section 1979 of the Revised Statutes of the United States, 42 U.S.C. § 1983 , or any other federal law or state law. (B) Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. (2) No relief shall be granted to the plaintiff unless a reply has been filed.

(1) (A) Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under Section 1979 of the Revised Statutes of the United States, 42 U.S.C. § 1983 , or any other federal law or state law. (B) Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint.

(A) Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under Section 1979 of the Revised Statutes of the United States, 42 U.S.C. § 1983 , or any other federal law or state law.

(B) Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint.

(2) No relief shall be granted to the plaintiff unless a reply has been filed.

(b) The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.

Acts 1997, No. 286, § 1.
Ark. Code Ann. § 16-20-404 — AR Code / Title 16 / Chapter 20 / Subchapter 4 / Section 16-20-404
Fee for making settlement with collector
Status: in_force

The clerks of the county courts and of the probate division of the circuit courts are authorized to charge a fee of not more than ten dollars ($10.00) per day for making settlement with the collector for each day employed, including quarterly apportionments, but not exceeding thirty (30) days during any calendar year. Acts 1963, No. 491, § 1; A.S.A. 1947, § 23-420; Acts 2003, No. 1185, § 178.

The clerks of the county courts and of the probate division of the circuit courts are authorized to charge a fee of not more than ten dollars ($10.00) per day for making settlement with the collector for each day employed, including quarterly apportionments, but not exceeding thirty (30) days during any calendar year.

Acts 1963, No. 491, § 1; A.S.A. 1947, § 23-420; Acts 2003, No. 1185, § 178.