Ark. Code Ann. § 16-19-302 — AR Code / Title 16 / Chapter 19 / Subchapter 3 / Section 16-19-302
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023. Acts 1873, No. 135, §§ 88-94, p. 430; C. & M. Dig., §§ 6506-6511; Pope's Dig., §§ 8468-8473; A.S.A. 1947, §§ 26-1501 -- 26-1507.

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023.

Acts 1873, No. 135, §§ 88-94, p. 430; C. & M. Dig., §§ 6506-6511; Pope's Dig., §§ 8468-8473; A.S.A. 1947, §§ 26-1501 -- 26-1507.
Ark. Code Ann. § 16-65-502 — AR Code / Title 16 / Chapter 65 / Subchapter 5 / Section 16-65-502
Survival or revival of judgment upon death of a party
Status: in_force

(a) (1) If one (1) or more plaintiffs in a judgment or decree dies before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive to the executors or administrators of the deceased party and, if concerning real estate, to his or her heirs or devisees. (2) In each of the preceding cases, execution may be sued out in the name of the surviving plaintiff for the benefit of himself or herself and legal representatives of the deceased party, or the judgment or decree may be revived in the name of the legal representatives and the surviving plaintiff and execution may be sued out jointly. (b) (1) When there are several defendants in a judgment or decree and some of them die before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive against the executor or administrator of the deceased party and, if concerning real estate, against his or her heirs or devisees. (2) In each of the cases mentioned in subdivision (b)(1) of this section, execution may be issued in the name of the surviving plaintiff for the benefit of himself or herself and the legal representatives of any deceased plaintiff or in the name of the surviving plaintiff and the representatives of any deceased plaintiff against any surviving defendant. (c) The term "real estate", as used in this act, shall be construed to include all estates and interest in lands and tenements, whether legal or equitable, liable to be sold under execution. Rev. Stat., ch. 84, §§ 12-15, 34; C. & M. Dig., §§ 6284, 6308, 6309, 6311, 6312; Pope's Dig., §§ 8240, 8263, 8264, 8266, 8267; A.S.A. 1947, §§ 29-129, 29-608 -- 29-611.

(a) (1) If one (1) or more plaintiffs in a judgment or decree dies before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive to the executors or administrators of the deceased party and, if concerning real estate, to his or her heirs or devisees. (2) In each of the preceding cases, execution may be sued out in the name of the surviving plaintiff for the benefit of himself or herself and legal representatives of the deceased party, or the judgment or decree may be revived in the name of the legal representatives and the surviving plaintiff and execution may be sued out jointly.

(1) If one (1) or more plaintiffs in a judgment or decree dies before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive to the executors or administrators of the deceased party and, if concerning real estate, to his or her heirs or devisees.

(2) In each of the preceding cases, execution may be sued out in the name of the surviving plaintiff for the benefit of himself or herself and legal representatives of the deceased party, or the judgment or decree may be revived in the name of the legal representatives and the surviving plaintiff and execution may be sued out jointly.

(b) (1) When there are several defendants in a judgment or decree and some of them die before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive against the executor or administrator of the deceased party and, if concerning real estate, against his or her heirs or devisees. (2) In each of the cases mentioned in subdivision (b)(1) of this section, execution may be issued in the name of the surviving plaintiff for the benefit of himself or herself and the legal representatives of any deceased plaintiff or in the name of the surviving plaintiff and the representatives of any deceased plaintiff against any surviving defendant.

(1) When there are several defendants in a judgment or decree and some of them die before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive against the executor or administrator of the deceased party and, if concerning real estate, against his or her heirs or devisees.

(2) In each of the cases mentioned in subdivision (b)(1) of this section, execution may be issued in the name of the surviving plaintiff for the benefit of himself or herself and the legal representatives of any deceased plaintiff or in the name of the surviving plaintiff and the representatives of any deceased plaintiff against any surviving defendant.

(c) The term "real estate", as used in this act, shall be construed to include all estates and interest in lands and tenements, whether legal or equitable, liable to be sold under execution.

Rev. Stat., ch. 84, §§ 12-15, 34; C. & M. Dig., §§ 6284, 6308, 6309, 6311, 6312; Pope's Dig., §§ 8240, 8263, 8264, 8266, 8267; A.S.A. 1947, §§ 29-129, 29-608 -- 29-611.
Ark. Code Ann. § 16-81-405 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-405
Member of duly organized peace unit of other state - Procedures upon arrest
Status: in_force

If an arrest is made in this state by an officer of another state in accordance with the provisions of § 16-81-404 , he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful, he shall discharge the person arrested. Acts 1951, No. 211, § 5; A.S.A. 1947, § 43-515.

If an arrest is made in this state by an officer of another state in accordance with the provisions of § 16-81-404 , he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful, he shall discharge the person arrested.

Acts 1951, No. 211, § 5; A.S.A. 1947, § 43-515.
Ark. Code Ann. § 16-22-410 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-410
Verification of charges
Status: in_force

All charges exhibited under this subchapter shall be verified by affidavit and shall be prosecuted by the prosecuting attorney, prosecuting in the district in which the charges are pending. Rev. Stat., ch. 15, § 24; C. & M. Dig., § 622; Pope's Dig., § 662; A.S.A. 1947, § 25-413.

All charges exhibited under this subchapter shall be verified by affidavit and shall be prosecuted by the prosecuting attorney, prosecuting in the district in which the charges are pending.

Rev. Stat., ch. 15, § 24; C. & M. Dig., § 622; Pope's Dig., § 662; A.S.A. 1947, § 25-413.
Ark. Code Ann. § 16-81-117 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-117
Interpreters for deaf persons who are arrested
Status: in_force

(a) If a person who is deaf is arrested for a criminal offense and taken into custody, the arresting law enforcement officer and his or her superiors shall procure a qualified interpreter in order to properly interrogate the deaf person and to interpret the person's statement. (b) If a qualified interpreter is not present when a deaf person makes a statement while in custody for an arrest, the statement is not admissible in court. Added by Act 2013, No. 237,§ 5, eff. 8/16/2013.

(a) If a person who is deaf is arrested for a criminal offense and taken into custody, the arresting law enforcement officer and his or her superiors shall procure a qualified interpreter in order to properly interrogate the deaf person and to interpret the person's statement.

(b) If a qualified interpreter is not present when a deaf person makes a statement while in custody for an arrest, the statement is not admissible in court.

Added by Act 2013, No. 237,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 16-89-110 — AR Code / Title 16 / Chapter 89 / Section 16-89-110
Opening statements
Status: in_force

(a) The prosecuting attorney may then: (1) Read the indictment to the jury; (2) State the defendant's plea to the indictment and the punishment prescribed by law for the offense; and (3) Make a brief statement of the evidence on which the state relies. (b) The defendant or his or her counsel may then make a brief statement of the defense and the evidence upon which the defendant relies. Crim. Code, §§ 220, 221; C. & M. Dig., §§ 3171, 3172; Pope's Dig., §§ 4007, 4008; A.S.A. 1947, §§ 43-2110, 43-2111.

(a) The prosecuting attorney may then: (1) Read the indictment to the jury; (2) State the defendant's plea to the indictment and the punishment prescribed by law for the offense; and (3) Make a brief statement of the evidence on which the state relies.

(1) Read the indictment to the jury;

(2) State the defendant's plea to the indictment and the punishment prescribed by law for the offense; and

(3) Make a brief statement of the evidence on which the state relies.

(b) The defendant or his or her counsel may then make a brief statement of the defense and the evidence upon which the defendant relies.

Crim. Code, §§ 220, 221; C. & M. Dig., §§ 3171, 3172; Pope's Dig., §§ 4007, 4008; A.S.A. 1947, §§ 43-2110, 43-2111.
Ark. Code Ann. § 16-21-1503 — AR Code / Title 16 / Chapter 21 / Subchapter 15 / Section 16-21-1503
Assessment and collection of prosecuting attorney's fees
Status: in_force

(a) At the end of each calendar month and within ten (10) days thereafter, the officers collecting the fees shall pay them into the treasury of the county, except as otherwise provided in Acts 1985, No. 1097, §§ 2 and 3, and shall receive from the treasurer his receipt in duplicate, a copy of which shall be filed with the county clerk, and the other copy kept by the office or person making the settlement with the treasury. (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 specifically is the legislative intent to provide the salaries and office expenses 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 1985, No. 1097, § 5; A.S.A. 1947, § 24-114.18; Acts 1993, No. 395, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.

(a) At the end of each calendar month and within ten (10) days thereafter, the officers collecting the fees shall pay them into the treasury of the county, except as otherwise provided in Acts 1985, No. 1097, §§ 2 and 3, and shall receive from the treasurer his receipt in duplicate, a copy of which shall be filed with the county clerk, and the other copy kept by the office or person making the settlement with the treasury.

(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 specifically is the legislative intent to provide the salaries and office expenses 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 1985, No. 1097, § 5; A.S.A. 1947, § 24-114.18; Acts 1993, No. 395, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.
Ark. Code Ann. § 16-10-125 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-125
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 3, eff. 8/1/2023. Rev. Stat., ch. 43, § 44; C. & M. Dig., § 2115; Pope's Dig., § 2719; A.S.A. 1947, § 22-124.

Repealed by Act 2023, No. 177,§ 3, eff. 8/1/2023.

Rev. Stat., ch. 43, § 44; C. & M. Dig., § 2115; Pope's Dig., § 2719; A.S.A. 1947, § 22-124.
Ark. Code Ann. § 16-56-119 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-119
Commencement of suit stayed by injunction - Effect
Status: in_force

Whenever the commencement of any suit is stayed by an injunction of any court of equity, the time during which the injunction shall be in force shall not be deemed any portion of the time in this act limited for the commencement of the suit. Rev. Stat., ch. 91, § 24; C. & M. Dig., § 6972; Pope's Dig., § 8950; A.S.A. 1947, § 37-223.

Whenever the commencement of any suit is stayed by an injunction of any court of equity, the time during which the injunction shall be in force shall not be deemed any portion of the time in this act limited for the commencement of the suit.

Rev. Stat., ch. 91, § 24; C. & M. Dig., § 6972; Pope's Dig., § 8950; A.S.A. 1947, § 37-223.
Ark. Code Ann. § 16-55-120 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-120
Affirmation in lieu of oath
Status: in_force

Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect. Civil Code, § 783; A.S.A. 1947, § 27-126.

Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect.

Civil Code, § 783; A.S.A. 1947, § 27-126.
Ark. Code Ann. § 16-105-409 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-409
Costs
Status: in_force

If a cause of action under this subchapter is brought by a citizen of the state, resident of the county, or established neighborhood or community organization and the court finds there was no reasonable ground or cause for the cause of action, the costs incurred by the defendant shall be taxed against the citizen of the state, resident of the county, or established neighborhood or community organization. Amended by Act 2013, No. 1219,§ 4, eff. 8/16/2013. Acts 1989, No. 556, § 1.

If a cause of action under this subchapter is brought by a citizen of the state, resident of the county, or established neighborhood or community organization and the court finds there was no reasonable ground or cause for the cause of action, the costs incurred by the defendant shall be taxed against the citizen of the state, resident of the county, or established neighborhood or community organization.

Amended by Act 2013, No. 1219,§ 4, eff. 8/16/2013.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-81-104 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-104
Warrant of arrest generally
Status: in_force

(a) (1) (A) A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate. (B) A warrant of arrest may be executed by any law enforcement officer. (2) It is the duty of a circuit court judge, district court judge, or magistrate to issue a warrant for the arrest of a person charged with the commission of an offense when, from his or her personal knowledge or from information given him or her on oath, the circuit court judge, district court judge, or magistrate is satisfied that there are reasonable grounds for believing the charge. (3) (A) The prosecuting attorney may, whenever he or she believes any person has committed an offense in any county in the district for which he or she is elected, file before any circuit court judge, district court judge, or magistrate within the county in which he or she believes the offense has been committed a written information, under oath, charging the person with the commission of the offense. (B) Upon a filing described in subdivision (a)(3)(A) of this section, the circuit court judge, district court judge, or magistrate may issue his or her warrant for the arrest of the person and have the person brought before him or her according to law. (b) A warrant of arrest, in general terms, shall name or describe the offense charged to have been committed and the county in which it was committed. The warrant shall command the officer to whom it is directed to arrest the person named therein as the offender and bring him or her before some judge or magistrate of the county in which the offense was committed, to be dealt with according to law. It may be substantially in the following form, varying the terms to suit the case: "The State of Arkansas. To any law enforcement officer of the State of Arkansas: It appearing that there are reasonable grounds for believing that A. B. has committed the offense of larceny in the County of Pulaski, you are therefor commanded, forthwith, to arrest A. B., and bring him before some judge or magistrate of Pulaski County, to be dealt with according to law. Given under my hand the __________________ day of __________________, 20__________________. C.D. Judge or Magistrate, Summon as witnesses E. F. and J. K." Amended by Act 2019, No. 608,§ 1, eff. 7/24/2019. Crim. Code, §§ 23, 24, 28; Acts 1883, No. 49, § 2, p. 72; C. & M. Dig., §§ 2894, 2895, 2899, 8320; Pope's Dig., §§ 3710, 3711, 3715, 10897; A.S.A. 1947, §§ 43-406 -- 43-409; Acts 2005, No. 1994, § 266.

(a) (1) (A) A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate. (B) A warrant of arrest may be executed by any law enforcement officer. (2) It is the duty of a circuit court judge, district court judge, or magistrate to issue a warrant for the arrest of a person charged with the commission of an offense when, from his or her personal knowledge or from information given him or her on oath, the circuit court judge, district court judge, or magistrate is satisfied that there are reasonable grounds for believing the charge. (3) (A) The prosecuting attorney may, whenever he or she believes any person has committed an offense in any county in the district for which he or she is elected, file before any circuit court judge, district court judge, or magistrate within the county in which he or she believes the offense has been committed a written information, under oath, charging the person with the commission of the offense. (B) Upon a filing described in subdivision (a)(3)(A) of this section, the circuit court judge, district court judge, or magistrate may issue his or her warrant for the arrest of the person and have the person brought before him or her according to law.

(1) (A) A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate. (B) A warrant of arrest may be executed by any law enforcement officer.

(A) A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate.

(B) A warrant of arrest may be executed by any law enforcement officer.

(2) It is the duty of a circuit court judge, district court judge, or magistrate to issue a warrant for the arrest of a person charged with the commission of an offense when, from his or her personal knowledge or from information given him or her on oath, the circuit court judge, district court judge, or magistrate is satisfied that there are reasonable grounds for believing the charge.

(3) (A) The prosecuting attorney may, whenever he or she believes any person has committed an offense in any county in the district for which he or she is elected, file before any circuit court judge, district court judge, or magistrate within the county in which he or she believes the offense has been committed a written information, under oath, charging the person with the commission of the offense. (B) Upon a filing described in subdivision (a)(3)(A) of this section, the circuit court judge, district court judge, or magistrate may issue his or her warrant for the arrest of the person and have the person brought before him or her according to law.

(A) The prosecuting attorney may, whenever he or she believes any person has committed an offense in any county in the district for which he or she is elected, file before any circuit court judge, district court judge, or magistrate within the county in which he or she believes the offense has been committed a written information, under oath, charging the person with the commission of the offense.

(B) Upon a filing described in subdivision (a)(3)(A) of this section, the circuit court judge, district court judge, or magistrate may issue his or her warrant for the arrest of the person and have the person brought before him or her according to law.

(b) A warrant of arrest, in general terms, shall name or describe the offense charged to have been committed and the county in which it was committed. The warrant shall command the officer to whom it is directed to arrest the person named therein as the offender and bring him or her before some judge or magistrate of the county in which the offense was committed, to be dealt with according to law. It may be substantially in the following form, varying the terms to suit the case: "The State of Arkansas. To any law enforcement officer of the State of Arkansas: It appearing that there are reasonable grounds for believing that A. B. has committed the offense of larceny in the County of Pulaski, you are therefor commanded, forthwith, to arrest A. B., and bring him before some judge or magistrate of Pulaski County, to be dealt with according to law. Given under my hand the __________________ day of __________________, 20__________________. C.D. Judge or Magistrate, Summon as witnesses E. F. and J. K."

"The State of Arkansas.

To any law enforcement officer of the State of Arkansas:

It appearing that there are reasonable grounds for believing that A. B. has committed the offense of larceny in the County of Pulaski, you are therefor commanded, forthwith, to arrest A. B., and bring him before some judge or magistrate of Pulaski County, to be dealt with according to law.

Given under my hand the __________________ day of __________________, 20__________________.

C.D.

Judge or Magistrate,

Summon as witnesses E. F. and J. K."

Amended by Act 2019, No. 608,§ 1, eff. 7/24/2019.

Crim. Code, §§ 23, 24, 28; Acts 1883, No. 49, § 2, p. 72; C. & M. Dig., §§ 2894, 2895, 2899, 8320; Pope's Dig., §§ 3710, 3711, 3715, 10897; A.S.A. 1947, §§ 43-406 -- 43-409; Acts 2005, No. 1994, § 266.
Ark. Code Ann. § 16-108-103 — AR Code / Title 16 / Chapter 108 / Subchapter 1 / Section 16-108-103
Oath and powers of arbitrators and umpires
Status: in_force

(a) (1) Arbitrators and the umpire, if there is one, before they proceed to act, shall take an oath to decide the controversy submitted to them according to law and evidence and the equity of the case, to the best of their judgment, without favor or affection. (2) A certificate of the oath shall be returned to the court with the award. (b) They shall have power to examine either party, on oath, at the request of his or her adversary. (c) (1) Any one (1) of the arbitrators shall have power to issue subpoenas for witnesses to attend their sitting and give evidence touching the matters referred to them, to which all county sheriffs and other like officers shall give obedience. (2) Witnesses failing to attend before arbitrators at the time and place designated or who refuse to give evidence when they do attend shall be reported to the court by the arbitrators and proceeded against and punished as if the case had been pending in court. Civil Code, § 494; C. & M. Dig., §§ 419-421; Pope's Dig., §§ 456-458; A.S.A. 1947, §§ 34-503, 34-504.

(a) (1) Arbitrators and the umpire, if there is one, before they proceed to act, shall take an oath to decide the controversy submitted to them according to law and evidence and the equity of the case, to the best of their judgment, without favor or affection. (2) A certificate of the oath shall be returned to the court with the award.

(1) Arbitrators and the umpire, if there is one, before they proceed to act, shall take an oath to decide the controversy submitted to them according to law and evidence and the equity of the case, to the best of their judgment, without favor or affection.

(2) A certificate of the oath shall be returned to the court with the award.

(b) They shall have power to examine either party, on oath, at the request of his or her adversary.

(c) (1) Any one (1) of the arbitrators shall have power to issue subpoenas for witnesses to attend their sitting and give evidence touching the matters referred to them, to which all county sheriffs and other like officers shall give obedience. (2) Witnesses failing to attend before arbitrators at the time and place designated or who refuse to give evidence when they do attend shall be reported to the court by the arbitrators and proceeded against and punished as if the case had been pending in court.

(1) Any one (1) of the arbitrators shall have power to issue subpoenas for witnesses to attend their sitting and give evidence touching the matters referred to them, to which all county sheriffs and other like officers shall give obedience.

(2) Witnesses failing to attend before arbitrators at the time and place designated or who refuse to give evidence when they do attend shall be reported to the court by the arbitrators and proceeded against and punished as if the case had been pending in court.

Civil Code, § 494; C. & M. Dig., §§ 419-421; Pope's Dig., §§ 456-458; A.S.A. 1947, §§ 34-503, 34-504.
Ark. Code Ann. § 16-105-309 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-309
Proceedings against two or more owners
Status: in_force

(a) When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served. The proceeding shall not be a bar to subsequent proceedings against one (1) or all of the joint owners not heretofore proceeded against. (b) If the notice prescribed in this subchapter cannot be served on the owner or owners of the building or place that may become a public nuisance under the provisions of this subchapter, by reason of nonresidence or otherwise, then and in that case, the notice may be served on any agent or agents or trustee that may have charge of or be in control of the building or place. The cause shall proceed against the agent, agents, or trustee in all respects as if he, she, or they were the actual owner or owners of the building or place. Acts 1937, No. 118, § 9; Pope's Dig., § 10917; A.S.A. 1947, § 34-119.

(a) When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served. The proceeding shall not be a bar to subsequent proceedings against one (1) or all of the joint owners not heretofore proceeded against.

(b) If the notice prescribed in this subchapter cannot be served on the owner or owners of the building or place that may become a public nuisance under the provisions of this subchapter, by reason of nonresidence or otherwise, then and in that case, the notice may be served on any agent or agents or trustee that may have charge of or be in control of the building or place. The cause shall proceed against the agent, agents, or trustee in all respects as if he, she, or they were the actual owner or owners of the building or place.

Acts 1937, No. 118, § 9; Pope's Dig., § 10917; A.S.A. 1947, § 34-119.
Ark. Code Ann. § 16-93-304 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-304
Probation - First-time offenders - Arkansas Crime Information Center
Status: in_force

(a) All district court judges and circuit court judges shall immediately report to the Arkansas Crime Information Center, in the form prescribed by the center, all probations of criminal defendants under §§ 16-93-301 - 16-93-303 . (b) Prior to granting probation to a criminal defendant under §§ 16-93-301 - 16-93-303 , the court shall query the center to determine whether the criminal defendant has previously been granted probation under the provisions of §§ 16-93-301 - 16-93-303 . (c) If the center determines that an individual has utilized §§ 16-93-301 - 16-93-303 more than one (1) time, the center shall notify the last sentencing judge of that fact. (d) During the probationary period under this subchapter, the center shall report the case as pending and shall not record it as guilty until the circuit court or district court enters an adjudication of guilt. Amended by Act 2013, No. 1460,§ 12, eff. 1/1/2014. Acts 1981, No. 581, § 1; A.S.A. 1947, § 43-1236; Acts 2005, No. 1994, § 278; 2011, No. 570, § 90.

(a) All district court judges and circuit court judges shall immediately report to the Arkansas Crime Information Center, in the form prescribed by the center, all probations of criminal defendants under §§ 16-93-301 - 16-93-303 .

(b) Prior to granting probation to a criminal defendant under §§ 16-93-301 - 16-93-303 , the court shall query the center to determine whether the criminal defendant has previously been granted probation under the provisions of §§ 16-93-301 - 16-93-303 .

(c) If the center determines that an individual has utilized §§ 16-93-301 - 16-93-303 more than one (1) time, the center shall notify the last sentencing judge of that fact.

(d) During the probationary period under this subchapter, the center shall report the case as pending and shall not record it as guilty until the circuit court or district court enters an adjudication of guilt.

Amended by Act 2013, No. 1460,§ 12, eff. 1/1/2014.

Acts 1981, No. 581, § 1; A.S.A. 1947, § 43-1236; Acts 2005, No. 1994, § 278; 2011, No. 570, § 90.
Ark. Code Ann. § 16-66-109 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-109
Executions directed to any county without court order
Status: in_force

Executions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose. Rev. Stat., ch. 60, § 10; C. & M. Dig., § 4256; Pope's Dig., § 5268; A.S.A. 1947, § 30-114.

Executions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose.

Rev. Stat., ch. 60, § 10; C. & M. Dig., § 4256; Pope's Dig., § 5268; A.S.A. 1947, § 30-114.
Ark. Code Ann. § 16-17-1106 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1106
Salary of state district court judges - Cost-sharing
Status: in_force

(a) The state shall pay the salary and benefits of state district court judges created under this subchapter. (b) (1) (A) Each county and town or city in a district in which a state district court judgeship is created under this subchapter shall pay to the state an amount equal to its proportionate share of one-half (½) of the base salary established by law for state fiscal year 2009 for that district's state district court judge. (B) (i) The proportionate share is calculated as follows: (a) Determine the sum total of the base salary paid by each county and town or city in a district to that county and town or city's district court judge or city court judge for the calendar year immediately preceding the creation of the state district court judgeship; and (b) Determine the proportion of the base salary of each county and town or city to the sum total base salary of the district. (ii) Each county and town or city shall pay to the state its proportionate share as determined in subdivision (b)(1)(B)(i) (a) of this section of one-half (½) of the base salary established by law for state fiscal year 2009 for each state district court judge in the district at the time the county and town or city had a state district court judgeship created. (C) On a form provided by the Administration of Justice Funds Section, each county and town or city in a district shall certify annually on or before October 31 the amount to be paid to the state for its share of one-half (½) of the salary as determined in this section for that district's state district court judge. (2) (A) This section does not prohibit a county and town or city in a district in which a state district court judgeship is created under this subchapter from agreeing in writing on the amount to be paid to the state by the county and the town or city for its proportionate share of one-half (½) of the salary as determined in this section for that district's state district court judge. (B) If a written agreement is reached under subdivision (b)(2)(A) of this section, the county and town or city shall submit on or before October 31 a copy of that written agreement to the Administration of Justice Funds Section. (c) The amount of the state district court judge's salary initially paid by the county and the town or city in a district and annually afterwards shall be the amount determined under subsection (b) of this section. (d) (1) Beginning with its annual meeting of 2011, the quorum court in each county in a district in which a state district court judgeship is created under this subchapter and the council in each town or city in a district in which a state district court judgeship is created under this subchapter shall appropriate annually from its general revenues an amount sufficient to pay its share of the state district court judgeship salary allocated to it under subsection (b) of this section. (2) The duty under subdivision (d)(1) of this section may be enforced in a court of competent jurisdiction. (e) On or before December 15, 2011, and annually afterwards, the Administration of Justice Funds Section shall certify to the county and the town or city in each district the amount of its share of one-half (½) of the base salary established under subsection (b) of this section. (f) On or before January 15, 2012, and annually afterwards, the county and the town or city shall remit to the Administration of Justice Funds Section for deposit into the Constitutional Officers Fund the sum necessary to fund its share of the base salary allocated to it under subsection (e) of this section. Acts 2007, No. 663, § 2; 2011, No. 1219, § 5.

(a) The state shall pay the salary and benefits of state district court judges created under this subchapter.

(b) (1) (A) Each county and town or city in a district in which a state district court judgeship is created under this subchapter shall pay to the state an amount equal to its proportionate share of one-half (½) of the base salary established by law for state fiscal year 2009 for that district's state district court judge. (B) (i) The proportionate share is calculated as follows: (a) Determine the sum total of the base salary paid by each county and town or city in a district to that county and town or city's district court judge or city court judge for the calendar year immediately preceding the creation of the state district court judgeship; and (b) Determine the proportion of the base salary of each county and town or city to the sum total base salary of the district. (ii) Each county and town or city shall pay to the state its proportionate share as determined in subdivision (b)(1)(B)(i) (a) of this section of one-half (½) of the base salary established by law for state fiscal year 2009 for each state district court judge in the district at the time the county and town or city had a state district court judgeship created. (C) On a form provided by the Administration of Justice Funds Section, each county and town or city in a district shall certify annually on or before October 31 the amount to be paid to the state for its share of one-half (½) of the salary as determined in this section for that district's state district court judge. (2) (A) This section does not prohibit a county and town or city in a district in which a state district court judgeship is created under this subchapter from agreeing in writing on the amount to be paid to the state by the county and the town or city for its proportionate share of one-half (½) of the salary as determined in this section for that district's state district court judge. (B) If a written agreement is reached under subdivision (b)(2)(A) of this section, the county and town or city shall submit on or before October 31 a copy of that written agreement to the Administration of Justice Funds Section.

(1) (A) Each county and town or city in a district in which a state district court judgeship is created under this subchapter shall pay to the state an amount equal to its proportionate share of one-half (½) of the base salary established by law for state fiscal year 2009 for that district's state district court judge. (B) (i) The proportionate share is calculated as follows: (a) Determine the sum total of the base salary paid by each county and town or city in a district to that county and town or city's district court judge or city court judge for the calendar year immediately preceding the creation of the state district court judgeship; and (b) Determine the proportion of the base salary of each county and town or city to the sum total base salary of the district. (ii) Each county and town or city shall pay to the state its proportionate share as determined in subdivision (b)(1)(B)(i) (a) of this section of one-half (½) of the base salary established by law for state fiscal year 2009 for each state district court judge in the district at the time the county and town or city had a state district court judgeship created. (C) On a form provided by the Administration of Justice Funds Section, each county and town or city in a district shall certify annually on or before October 31 the amount to be paid to the state for its share of one-half (½) of the salary as determined in this section for that district's state district court judge.

(A) Each county and town or city in a district in which a state district court judgeship is created under this subchapter shall pay to the state an amount equal to its proportionate share of one-half (½) of the base salary established by law for state fiscal year 2009 for that district's state district court judge.

(B) (i) The proportionate share is calculated as follows: (a) Determine the sum total of the base salary paid by each county and town or city in a district to that county and town or city's district court judge or city court judge for the calendar year immediately preceding the creation of the state district court judgeship; and (b) Determine the proportion of the base salary of each county and town or city to the sum total base salary of the district. (ii) Each county and town or city shall pay to the state its proportionate share as determined in subdivision (b)(1)(B)(i) (a) of this section of one-half (½) of the base salary established by law for state fiscal year 2009 for each state district court judge in the district at the time the county and town or city had a state district court judgeship created.

(i) The proportionate share is calculated as follows: (a) Determine the sum total of the base salary paid by each county and town or city in a district to that county and town or city's district court judge or city court judge for the calendar year immediately preceding the creation of the state district court judgeship; and (b) Determine the proportion of the base salary of each county and town or city to the sum total base salary of the district.

(a) Determine the sum total of the base salary paid by each county and town or city in a district to that county and town or city's district court judge or city court judge for the calendar year immediately preceding the creation of the state district court judgeship; and

(b) Determine the proportion of the base salary of each county and town or city to the sum total base salary of the district.

(ii) Each county and town or city shall pay to the state its proportionate share as determined in subdivision (b)(1)(B)(i) (a) of this section of one-half (½) of the base salary established by law for state fiscal year 2009 for each state district court judge in the district at the time the county and town or city had a state district court judgeship created.

(C) On a form provided by the Administration of Justice Funds Section, each county and town or city in a district shall certify annually on or before October 31 the amount to be paid to the state for its share of one-half (½) of the salary as determined in this section for that district's state district court judge.

(2) (A) This section does not prohibit a county and town or city in a district in which a state district court judgeship is created under this subchapter from agreeing in writing on the amount to be paid to the state by the county and the town or city for its proportionate share of one-half (½) of the salary as determined in this section for that district's state district court judge. (B) If a written agreement is reached under subdivision (b)(2)(A) of this section, the county and town or city shall submit on or before October 31 a copy of that written agreement to the Administration of Justice Funds Section.

(A) This section does not prohibit a county and town or city in a district in which a state district court judgeship is created under this subchapter from agreeing in writing on the amount to be paid to the state by the county and the town or city for its proportionate share of one-half (½) of the salary as determined in this section for that district's state district court judge.

(B) If a written agreement is reached under subdivision (b)(2)(A) of this section, the county and town or city shall submit on or before October 31 a copy of that written agreement to the Administration of Justice Funds Section.

(c) The amount of the state district court judge's salary initially paid by the county and the town or city in a district and annually afterwards shall be the amount determined under subsection (b) of this section.

(d) (1) Beginning with its annual meeting of 2011, the quorum court in each county in a district in which a state district court judgeship is created under this subchapter and the council in each town or city in a district in which a state district court judgeship is created under this subchapter shall appropriate annually from its general revenues an amount sufficient to pay its share of the state district court judgeship salary allocated to it under subsection (b) of this section. (2) The duty under subdivision (d)(1) of this section may be enforced in a court of competent jurisdiction.

(1) Beginning with its annual meeting of 2011, the quorum court in each county in a district in which a state district court judgeship is created under this subchapter and the council in each town or city in a district in which a state district court judgeship is created under this subchapter shall appropriate annually from its general revenues an amount sufficient to pay its share of the state district court judgeship salary allocated to it under subsection (b) of this section.

(2) The duty under subdivision (d)(1) of this section may be enforced in a court of competent jurisdiction.

(e) On or before December 15, 2011, and annually afterwards, the Administration of Justice Funds Section shall certify to the county and the town or city in each district the amount of its share of one-half (½) of the base salary established under subsection (b) of this section.

(f) On or before January 15, 2012, and annually afterwards, the county and the town or city shall remit to the Administration of Justice Funds Section for deposit into the Constitutional Officers Fund the sum necessary to fund its share of the base salary allocated to it under subsection (e) of this section.

Acts 2007, No. 663, § 2; 2011, No. 1219, § 5.
Ark. Code Ann. § 16-19-602 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-602
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 14, p. 430; C. & M. Dig., § 6425; Pope's Dig., § 8387; A.S.A. 1947, § 26-604.

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

Acts 1873, No. 135, § 14, p. 430; C. & M. Dig., § 6425; Pope's Dig., § 8387; A.S.A. 1947, § 26-604.
Ark. Code Ann. § 16-5-101 — AR Code / Title 16 / Chapter 5 / Section 16-5-101
Volunteer firefighters, etc. - Nonliability
Status: in_force

(a) No volunteer firefighter or board member of a volunteer fire department nor administrative personnel of a volunteer fire department shall be civilly liable for personal injury or property damage resulting from any act or omission of a volunteer firefighter in carrying out his or her official duties as a firefighter if the act or omission was in good faith and did not constitute gross negligence. (b) The provisions of this section shall not apply to volunteer fire departments of incorporated cities or towns. Acts 1987, No. 189, § 1.

(a) No volunteer firefighter or board member of a volunteer fire department nor administrative personnel of a volunteer fire department shall be civilly liable for personal injury or property damage resulting from any act or omission of a volunteer firefighter in carrying out his or her official duties as a firefighter if the act or omission was in good faith and did not constitute gross negligence.

(b) The provisions of this section shall not apply to volunteer fire departments of incorporated cities or towns.

Acts 1987, No. 189, § 1.
Ark. Code Ann. § 16-68-203 — AR Code / Title 16 / Chapter 68 / Subchapter 2 / Section 16-68-203
Sureties
Status: in_force

(a) The surety in every bond provided for by this code must be a resident of this state and worth double the sum to be secured beyond the amount of his or her debts and have property in this state liable to execution equal to the sum to be secured. Where there are two (2) or more sureties in the same bond they must, in the aggregate, have the qualifications prescribed in this subsection. (b) No attorney, clerk, sheriff, or other person concerned in the execution of any process, shall become bail in any civil case. (c) (1) The ministerial officer whose duty it is to take a surety in any bond provided for by this code shall have the right to require the person offered as surety to make affidavit of his or her qualification, which affidavit may be made before the officer. However, any person interested may contest the sufficiency of the surety upon the making of the affidavit. (2) If it is made to appear that the surety is not sufficient, then an officer who in good faith complies with this subsection shall be exempt from any liability to which he or she might otherwise be subject for taking insufficient surety. Rev. Stat., ch. 116, § 23; Civil Code, §§ 786, 787; C. & M. Dig., §§ 798-800; Pope's Dig., §§ 954-956; Acts 1963, No. 487, § 1; A.S.A. 1947, §§ 27-2203 -- 27-2205; Acts 2003, No. 1185, § 205.

(a) The surety in every bond provided for by this code must be a resident of this state and worth double the sum to be secured beyond the amount of his or her debts and have property in this state liable to execution equal to the sum to be secured. Where there are two (2) or more sureties in the same bond they must, in the aggregate, have the qualifications prescribed in this subsection.

(b) No attorney, clerk, sheriff, or other person concerned in the execution of any process, shall become bail in any civil case.

(c) (1) The ministerial officer whose duty it is to take a surety in any bond provided for by this code shall have the right to require the person offered as surety to make affidavit of his or her qualification, which affidavit may be made before the officer. However, any person interested may contest the sufficiency of the surety upon the making of the affidavit. (2) If it is made to appear that the surety is not sufficient, then an officer who in good faith complies with this subsection shall be exempt from any liability to which he or she might otherwise be subject for taking insufficient surety.

(1) The ministerial officer whose duty it is to take a surety in any bond provided for by this code shall have the right to require the person offered as surety to make affidavit of his or her qualification, which affidavit may be made before the officer. However, any person interested may contest the sufficiency of the surety upon the making of the affidavit.

(2) If it is made to appear that the surety is not sufficient, then an officer who in good faith complies with this subsection shall be exempt from any liability to which he or she might otherwise be subject for taking insufficient surety.

Rev. Stat., ch. 116, § 23; Civil Code, §§ 786, 787; C. & M. Dig., §§ 798-800; Pope's Dig., §§ 954-956; Acts 1963, No. 487, § 1; A.S.A. 1947, §§ 27-2203 -- 27-2205; Acts 2003, No. 1185, § 205.
Ark. Code Ann. § 16-105-406 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-406
Bond required - Exceptions
Status: in_force

On granting the temporary writ, the court or judge shall require a bond on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to the injunction. No bond shall be required where the proceeding is instituted by the prosecuting attorney or city attorney. Acts 1989, No. 556, § 1.

On granting the temporary writ, the court or judge shall require a bond on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to the injunction. No bond shall be required where the proceeding is instituted by the prosecuting attorney or city attorney.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-121-104 — AR Code / Title 16 / Chapter 121 / Section 16-121-104
Statute of limitations
Status: in_force

Civil actions pursuant to the provisions of this chapter shall be commenced within two (2) years following the date of discovery of the violation. Acts 1989, No. 595, § 4.

Civil actions pursuant to the provisions of this chapter shall be commenced within two (2) years following the date of discovery of the violation.

Acts 1989, No. 595, § 4.
Ark. Code Ann. § 16-19-706 — AR Code / Title 16 / Chapter 19 / Subchapter 7 / Section 16-19-706
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 52, 121, p. 430; C. & M. Dig., § 6461; Pope's Dig., §§ 8423, 8463; A.S.A. 1947, §§ 26-407, 26-807.

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

Acts 1873, No. 135, §§ 52, 121, p. 430; C. & M. Dig., § 6461; Pope's Dig., §§ 8423, 8463; A.S.A. 1947, §§ 26-407, 26-807.
Ark. Code Ann. § 16-11-117 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-117
Arkansas Access to Justice Foundation, Inc
Status: in_force

The General Assembly finds that as the Arkansas Access to Justice Foundation, Inc., serves a public purpose, financial accounting, general bookkeeping, and management and administrative services may be provided by employees of the Supreme Court and the Supreme Court - Bar of Arkansas in support of the Arkansas Access to Justice Foundation, Inc. Added by Act 2019, No. 780,§ 7, eff. 7/1/2019.

The General Assembly finds that as the Arkansas Access to Justice Foundation, Inc., serves a public purpose, financial accounting, general bookkeeping, and management and administrative services may be provided by employees of the Supreme Court and the Supreme Court - Bar of Arkansas in support of the Arkansas Access to Justice Foundation, Inc.

Added by Act 2019, No. 780,§ 7, eff. 7/1/2019.
Ark. Code Ann. § 16-64-102 — AR Code / Title 16 / Chapter 64 / Section 16-64-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 51, eff. 8/16/2013. Civil Code, §§ 334, 335; Acts 1871, No. 48, § 1 [334, 335], p. 219; C. & M. Dig., §§ 1264, 1265; Pope's Dig., §§ 1488, 1489; A.S.A. 1947, §§ 27-1702, 27-1703.

Repealed by Act 2013, No. 1148,§ 51, eff. 8/16/2013.

Civil Code, §§ 334, 335; Acts 1871, No. 48, § 1 [334, 335], p. 219; C. & M. Dig., §§ 1264, 1265; Pope's Dig., §§ 1488, 1489; A.S.A. 1947, §§ 27-1702, 27-1703.
Ark. Code Ann. § 16-110-104 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-104
Attachment before debt due
Status: in_force

(a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where: (1) The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitted it to be sold, with the fraudulent intent to cheat or defraud his or her creditors, or to hinder or delay them in the collection of their debts; (2) The debtor is about to make such fraudulent sale, conveyance, or disposition of his or her property with such intent; or (3) The debtor is about to remove his or her property, or a material part thereof, out of this state with the intent or to the effect of cheating or defrauding his or her creditors or of hindering or delaying them in the collection of their debts. (b) The attachment authorized by subsection (a) of this section may be granted by the court in which the action is brought, by the clerk or judge thereof, or by any circuit judge in vacation, where the complaint, verified by oath of the plaintiff, his or her agent, or attorney, shows: (1) Any of the grounds for attachment enumerated in subsection (a) of this section; (2) The nature and amount of the plaintiff's claim; and (3) When the claim becomes due. (c) The order of the court, clerk, or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim, and the probable costs of the action. (d) The order of attachment as granted by the court, clerk, or judge shall not be issued by the clerk until there has been executed in his or her office such bond on the part of the plaintiff as is directed in § 16-110-107 . (e) Provisions of §§ 16-110-102 , 16-110-105 - 16-110-109 , 16-110-111 - 16-110-113 , 16-110-115 - 16-110-117 , 16-110-119 , 16-110-121 , 16-110-122 , 16-110-126 , 16-110-127 , 16-110-129 , 16-110-131 - 16-110-136 , and 16-110-139 shall, so far as they are applicable, regulate attachments authorized by the article. Civil Code, §§ 259-263; Acts 1871, No. 48, § 1 [260], p. 219; 1881, No. 53, § 1, p. 99; C. & M. Dig., §§ 549-553; Pope's Dig., §§ 586-590; A.S.A. 1947, §§ 31-201 -- 31-205.

(a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where: (1) The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitted it to be sold, with the fraudulent intent to cheat or defraud his or her creditors, or to hinder or delay them in the collection of their debts; (2) The debtor is about to make such fraudulent sale, conveyance, or disposition of his or her property with such intent; or (3) The debtor is about to remove his or her property, or a material part thereof, out of this state with the intent or to the effect of cheating or defrauding his or her creditors or of hindering or delaying them in the collection of their debts.

(1) The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitted it to be sold, with the fraudulent intent to cheat or defraud his or her creditors, or to hinder or delay them in the collection of their debts;

(2) The debtor is about to make such fraudulent sale, conveyance, or disposition of his or her property with such intent; or

(3) The debtor is about to remove his or her property, or a material part thereof, out of this state with the intent or to the effect of cheating or defrauding his or her creditors or of hindering or delaying them in the collection of their debts.

(b) The attachment authorized by subsection (a) of this section may be granted by the court in which the action is brought, by the clerk or judge thereof, or by any circuit judge in vacation, where the complaint, verified by oath of the plaintiff, his or her agent, or attorney, shows: (1) Any of the grounds for attachment enumerated in subsection (a) of this section; (2) The nature and amount of the plaintiff's claim; and (3) When the claim becomes due.

(1) Any of the grounds for attachment enumerated in subsection (a) of this section;

(2) The nature and amount of the plaintiff's claim; and

(3) When the claim becomes due.

(c) The order of the court, clerk, or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim, and the probable costs of the action.

(d) The order of attachment as granted by the court, clerk, or judge shall not be issued by the clerk until there has been executed in his or her office such bond on the part of the plaintiff as is directed in § 16-110-107 .

(e) Provisions of §§ 16-110-102 , 16-110-105 - 16-110-109 , 16-110-111 - 16-110-113 , 16-110-115 - 16-110-117 , 16-110-119 , 16-110-121 , 16-110-122 , 16-110-126 , 16-110-127 , 16-110-129 , 16-110-131 - 16-110-136 , and 16-110-139 shall, so far as they are applicable, regulate attachments authorized by the article.

Civil Code, §§ 259-263; Acts 1871, No. 48, § 1 [260], p. 219; 1881, No. 53, § 1, p. 99; C. & M. Dig., §§ 549-553; Pope's Dig., §§ 586-590; A.S.A. 1947, §§ 31-201 -- 31-205.
Ark. Code Ann. § 16-62-105 — AR Code / Title 16 / Chapter 62 / Section 16-62-105
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 33, eff. 8/16/2013. Civil Code, §§ 551-556; C. & M. Dig., §§ 1055-1060; Pope's Dig., §§ 1258-1263; A.S.A. 1947, §§ 27-1003 -- 27-1008.

Repealed by Act 2013, No. 1148,§ 33, eff. 8/16/2013.

Civil Code, §§ 551-556; C. & M. Dig., §§ 1055-1060; Pope's Dig., §§ 1258-1263; A.S.A. 1947, §§ 27-1003 -- 27-1008.
Ark. Code Ann. § 16-119-111 — AR Code / Title 16 / Chapter 119 / Section 16-119-111
Record books unfit for preservation - Transcriptions to take place of originals
Status: in_force

(a) The county courts of the various counties of the state are authorized to have transcribed into well-bound books, suitable for that purpose, provided by the county courts, all records contained in books that, in the opinion of the county courts, are in a condition unfit for preservation. (b) The transcript, after being submitted to the county court, examined, compared, and adopted, shall take the place of and be regarded as the original record and, as such, shall be deposited with other records in the office of the county court. Acts 1868, No. 54, §§ 1, 2, p. 199; C. & M. Dig., §§ 8353, 8354; Pope's Dig., §§ 10949, 10950; A.S.A. 1947, §§ 16-401, 16-402.

(a) The county courts of the various counties of the state are authorized to have transcribed into well-bound books, suitable for that purpose, provided by the county courts, all records contained in books that, in the opinion of the county courts, are in a condition unfit for preservation.

(b) The transcript, after being submitted to the county court, examined, compared, and adopted, shall take the place of and be regarded as the original record and, as such, shall be deposited with other records in the office of the county court.

Acts 1868, No. 54, §§ 1, 2, p. 199; C. & M. Dig., §§ 8353, 8354; Pope's Dig., §§ 10949, 10950; A.S.A. 1947, §§ 16-401, 16-402.
Ark. Code Ann. § 16-110-203 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-203
Action by vendor to vacate fraudulent purchase
Status: in_force

In an action by a vendor of property fraudulently purchased to vacate the contract and have a restoration of the property or compensation therefor, where the complaint shows the fraudulent purchase of property and the amount of the plaintiff's claim, and is verified by his or her oath, an attachment against the property may be granted. Civil Code, § 265; C. & M. Dig., § 555; Pope's Dig., § 592; A.S.A. 1947, § 31-302.

In an action by a vendor of property fraudulently purchased to vacate the contract and have a restoration of the property or compensation therefor, where the complaint shows the fraudulent purchase of property and the amount of the plaintiff's claim, and is verified by his or her oath, an attachment against the property may be granted.

Civil Code, § 265; C. & M. Dig., § 555; Pope's Dig., § 592; A.S.A. 1947, § 31-302.
Ark. Code Ann. § 16-45-104 — AR Code / Title 16 / Chapter 45 / Section 16-45-104
Affidavit as to correctness of account
Status: in_force

(a) (1) In a suit on an account, including without limitation a credit card account or other revolving credit account, in a court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is sufficient to establish the account. (2) However, if the defendant denies under oath the correctness of the account, the plaintiff is held to prove by other evidence the part of the account in dispute. (b) An affidavit of account under subsection (a) of this section shall be attached to the complaint and shall contain: (1) The name of: (A) The creditor to whom the account is owed; (B) The creditor pursuing collection of the account; and (C) The debtor obligated to pay the account; (2) (A) A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor. (B) If the account has been assigned, the affidavit shall state the name of the original creditor; (3) A statement of the affiant's authority to execute the affidavit on behalf of the creditor, including the affiant's job title or relationship to the creditor; (4) A statement that the affiant is familiar with the books and records of the creditor and the account; (5) A statement that the information and amount stated in the affidavit is true and correct to the best of affiant's knowledge, information, and belief; (6) The interest rate and the source of the interest rate; and (7) The total amount due, including interest, at the time the affidavit is executed. Acts 1867, No. 102, § 1, p. 210; C. & M. Dig., § 4200; Pope's Dig., § 5211; A.S.A. 1947, § 28-202; Acts 2011, No. 992, § 1.

(a) (1) In a suit on an account, including without limitation a credit card account or other revolving credit account, in a court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is sufficient to establish the account. (2) However, if the defendant denies under oath the correctness of the account, the plaintiff is held to prove by other evidence the part of the account in dispute.

(1) In a suit on an account, including without limitation a credit card account or other revolving credit account, in a court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is sufficient to establish the account.

(2) However, if the defendant denies under oath the correctness of the account, the plaintiff is held to prove by other evidence the part of the account in dispute.

(b) An affidavit of account under subsection (a) of this section shall be attached to the complaint and shall contain: (1) The name of: (A) The creditor to whom the account is owed; (B) The creditor pursuing collection of the account; and (C) The debtor obligated to pay the account; (2) (A) A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor. (B) If the account has been assigned, the affidavit shall state the name of the original creditor; (3) A statement of the affiant's authority to execute the affidavit on behalf of the creditor, including the affiant's job title or relationship to the creditor; (4) A statement that the affiant is familiar with the books and records of the creditor and the account; (5) A statement that the information and amount stated in the affidavit is true and correct to the best of affiant's knowledge, information, and belief; (6) The interest rate and the source of the interest rate; and (7) The total amount due, including interest, at the time the affidavit is executed.

(1) The name of: (A) The creditor to whom the account is owed; (B) The creditor pursuing collection of the account; and (C) The debtor obligated to pay the account;

(A) The creditor to whom the account is owed;

(B) The creditor pursuing collection of the account; and

(C) The debtor obligated to pay the account;

(2) (A) A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor. (B) If the account has been assigned, the affidavit shall state the name of the original creditor;

(A) A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor.

(B) If the account has been assigned, the affidavit shall state the name of the original creditor;

(3) A statement of the affiant's authority to execute the affidavit on behalf of the creditor, including the affiant's job title or relationship to the creditor;

(4) A statement that the affiant is familiar with the books and records of the creditor and the account;

(5) A statement that the information and amount stated in the affidavit is true and correct to the best of affiant's knowledge, information, and belief;

(6) The interest rate and the source of the interest rate; and

(7) The total amount due, including interest, at the time the affidavit is executed.

Acts 1867, No. 102, § 1, p. 210; C. & M. Dig., § 4200; Pope's Dig., § 5211; A.S.A. 1947, § 28-202; Acts 2011, No. 992, § 1.
Ark. Code Ann. § 16-67-321 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-321
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 882; C. & M. Dig., § 2170; Pope's Dig., § 2776; A.S.A. 1947, § 27-2141.

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

Civil Code, § 882; C. & M. Dig., § 2170; Pope's Dig., § 2776; A.S.A. 1947, § 27-2141.
Ark. Code Ann. § 16-93-1811 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1811
Post-release supervision
Status: in_force

(a) (1) The Post-Prison Transfer Board shall establish a set of conditions that are applicable to all inmates transferred to post-release supervision. (2) The set of conditions established by the Post-Prison Transfer Board under subdivision (a)(1) of this section is subject to periodic review, revision, and approval as the Post-Prison Transfer Board deems necessary. (b) (1) (A) A course of action required by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Correction. (B) The conditions for post-release supervision set by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Community Correction. (2) The Division of Correction and Division of Community Correction shall strive to accommodate the actions required by the Board of Corrections or the Post-Prison Transfer Board to the best of their abilities. (c) Transfer to post-release supervision is not an award of clemency, and it shall not be considered as a reduction of sentence or a pardon. (d) An inmate on post-release supervision shall remain: (1) In the legal custody of the Division of Correction; (2) Under the supervision of the Division of Community Correction; and (3) Subject to the orders of the Post-Prison Transfer Board. (e) Decisions on release to post-release supervision, courses of action before transfer to post-release supervision, and post-release supervision transfer conditions to be set by the Post-Prison Transfer Board shall be: (1) Informed by the risk and needs assessment tool under § 16-93-1807 ; (2) Reasonable and rational; and (3) Defensible based on preestablished criteria. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) The Post-Prison Transfer Board shall establish a set of conditions that are applicable to all inmates transferred to post-release supervision. (2) The set of conditions established by the Post-Prison Transfer Board under subdivision (a)(1) of this section is subject to periodic review, revision, and approval as the Post-Prison Transfer Board deems necessary.

(1) The Post-Prison Transfer Board shall establish a set of conditions that are applicable to all inmates transferred to post-release supervision.

(2) The set of conditions established by the Post-Prison Transfer Board under subdivision (a)(1) of this section is subject to periodic review, revision, and approval as the Post-Prison Transfer Board deems necessary.

(b) (1) (A) A course of action required by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Correction. (B) The conditions for post-release supervision set by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Community Correction. (2) The Division of Correction and Division of Community Correction shall strive to accommodate the actions required by the Board of Corrections or the Post-Prison Transfer Board to the best of their abilities.

(1) (A) A course of action required by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Correction. (B) The conditions for post-release supervision set by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Community Correction.

(A) A course of action required by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Correction.

(B) The conditions for post-release supervision set by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Community Correction.

(2) The Division of Correction and Division of Community Correction shall strive to accommodate the actions required by the Board of Corrections or the Post-Prison Transfer Board to the best of their abilities.

(c) Transfer to post-release supervision is not an award of clemency, and it shall not be considered as a reduction of sentence or a pardon.

(d) An inmate on post-release supervision shall remain: (1) In the legal custody of the Division of Correction; (2) Under the supervision of the Division of Community Correction; and (3) Subject to the orders of the Post-Prison Transfer Board.

(1) In the legal custody of the Division of Correction;

(2) Under the supervision of the Division of Community Correction; and

(3) Subject to the orders of the Post-Prison Transfer Board.

(e) Decisions on release to post-release supervision, courses of action before transfer to post-release supervision, and post-release supervision transfer conditions to be set by the Post-Prison Transfer Board shall be: (1) Informed by the risk and needs assessment tool under § 16-93-1807 ; (2) Reasonable and rational; and (3) Defensible based on preestablished criteria.

(1) Informed by the risk and needs assessment tool under § 16-93-1807 ;

(2) Reasonable and rational; and

(3) Defensible based on preestablished criteria.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-11-202 — AR Code / Title 16 / Chapter 11 / Subchapter 2 / Section 16-11-202
Preparation of syllabus, headnotes, corrections - Publication
Status: in_force

It shall be the duty of the Reporter of the Supreme Court to: (1) Prepare the syllabus without delay after the Clerk of the Supreme Court furnishes him or her with a copy of the decisions of the court; (2) Prefix notes to each published decision containing the points decided therein; (3) Edit the decisions of the Supreme Court and the Court of Appeals and make technical corrections thereto; (4) Oversee publication and distribution of the decisions of the Supreme Court and the Court of Appeals in such format and medium as the Supreme Court may direct; and (5) Perform other duties as the Supreme Court assigns. Acts 1915, No. 326, §§ 2, 11, 13; C. & M. Dig., §§ 9776k, 9776o, 9776q; Pope's Dig., §§ 13320, 13324, 13326; Acts 1971, No. 257, § 1; A.S.A. 1947, §§ 22-219, 22-221, 22-222; Acts 2009, No. 221, § 1.

It shall be the duty of the Reporter of the Supreme Court to:

(1) Prepare the syllabus without delay after the Clerk of the Supreme Court furnishes him or her with a copy of the decisions of the court;

(2) Prefix notes to each published decision containing the points decided therein;

(3) Edit the decisions of the Supreme Court and the Court of Appeals and make technical corrections thereto;

(4) Oversee publication and distribution of the decisions of the Supreme Court and the Court of Appeals in such format and medium as the Supreme Court may direct; and

(5) Perform other duties as the Supreme Court assigns.

Acts 1915, No. 326, §§ 2, 11, 13; C. & M. Dig., §§ 9776k, 9776o, 9776q; Pope's Dig., §§ 13320, 13324, 13326; Acts 1971, No. 257, § 1; A.S.A. 1947, §§ 22-219, 22-221, 22-222; Acts 2009, No. 221, § 1.
Ark. Code Ann. § 16-56-128 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-128
Guaranteed student loans
Status: in_force

There shall be no greater statute of limitations defense available to a borrower who has defaulted on a loan guaranteed by the Student Loan Guarantee Foundation of Arkansas than would be available had the borrower defaulted on an obligation to the State of Arkansas. Acts 1987, No. 574, § 3.

There shall be no greater statute of limitations defense available to a borrower who has defaulted on a loan guaranteed by the Student Loan Guarantee Foundation of Arkansas than would be available had the borrower defaulted on an obligation to the State of Arkansas.

Acts 1987, No. 574, § 3.
Ark. Code Ann. § 16-112-108 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-108
Return
Status: in_force

(a) The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the further distance. It shall be returned with the person of the petitioner, with the cause of his or her detention or his or her imprisonment stated in the return. (b) The officer or other person serving the writ shall leave a copy with the person on whom it is served, upon which the cause of detention shall be stated, and return the original to the proper officer. (c) (1) Every officer or other person upon whom a writ of habeas corpus shall be served shall state in his or her return plainly and unequivocally: (A) Whether he or she has or has not the party in his or her custody or under his or her power or restraint; (B) If he or she has the party in his or her custody or power or under his or her restraint, the authority and true cause of the imprisonment or restraint, setting forth the same at large; and (C) If the person making the return shall have had the party in his or her power or custody or under his or her restraint, at any time before the service of the writ, and has transferred the custody or possession to another, particularly to whom, at what time, for what cause, and by what authority the transfer took place. (2) If the party is restrained, imprisoned, or detained by virtue of any writ, order, warrant, or other written authority, a copy thereof shall be annexed to the return. The original shall be exhibited on the return of the writ, to the court or judge to whom it is returnable. (3) The return must be signed by the person making the return, and except where the person shall be a sworn officer and shall make his or her return in his or her official capacity, it shall be verified by his or her oath. Rev. Stat. ch. 73, art. 2, §§ 7, 8; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5099, 5101-5103; Pope's Dig., §§ 6362, 6364-6366; A.S.A. 1947, §§ 34-1717 -- 34-1719.

(a) The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the further distance. It shall be returned with the person of the petitioner, with the cause of his or her detention or his or her imprisonment stated in the return.

(b) The officer or other person serving the writ shall leave a copy with the person on whom it is served, upon which the cause of detention shall be stated, and return the original to the proper officer.

(c) (1) Every officer or other person upon whom a writ of habeas corpus shall be served shall state in his or her return plainly and unequivocally: (A) Whether he or she has or has not the party in his or her custody or under his or her power or restraint; (B) If he or she has the party in his or her custody or power or under his or her restraint, the authority and true cause of the imprisonment or restraint, setting forth the same at large; and (C) If the person making the return shall have had the party in his or her power or custody or under his or her restraint, at any time before the service of the writ, and has transferred the custody or possession to another, particularly to whom, at what time, for what cause, and by what authority the transfer took place. (2) If the party is restrained, imprisoned, or detained by virtue of any writ, order, warrant, or other written authority, a copy thereof shall be annexed to the return. The original shall be exhibited on the return of the writ, to the court or judge to whom it is returnable. (3) The return must be signed by the person making the return, and except where the person shall be a sworn officer and shall make his or her return in his or her official capacity, it shall be verified by his or her oath.

(1) Every officer or other person upon whom a writ of habeas corpus shall be served shall state in his or her return plainly and unequivocally: (A) Whether he or she has or has not the party in his or her custody or under his or her power or restraint; (B) If he or she has the party in his or her custody or power or under his or her restraint, the authority and true cause of the imprisonment or restraint, setting forth the same at large; and (C) If the person making the return shall have had the party in his or her power or custody or under his or her restraint, at any time before the service of the writ, and has transferred the custody or possession to another, particularly to whom, at what time, for what cause, and by what authority the transfer took place.

(A) Whether he or she has or has not the party in his or her custody or under his or her power or restraint;

(B) If he or she has the party in his or her custody or power or under his or her restraint, the authority and true cause of the imprisonment or restraint, setting forth the same at large; and

(C) If the person making the return shall have had the party in his or her power or custody or under his or her restraint, at any time before the service of the writ, and has transferred the custody or possession to another, particularly to whom, at what time, for what cause, and by what authority the transfer took place.

(2) If the party is restrained, imprisoned, or detained by virtue of any writ, order, warrant, or other written authority, a copy thereof shall be annexed to the return. The original shall be exhibited on the return of the writ, to the court or judge to whom it is returnable.

(3) The return must be signed by the person making the return, and except where the person shall be a sworn officer and shall make his or her return in his or her official capacity, it shall be verified by his or her oath.

Rev. Stat. ch. 73, art. 2, §§ 7, 8; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5099, 5101-5103; Pope's Dig., §§ 6362, 6364-6366; A.S.A. 1947, §§ 34-1717 -- 34-1719.
Ark. Code Ann. § 16-93-305 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-305
Probation - Sex offender may not reside with minor victim
Status: in_force

(a) If a person enters a plea of guilty or nolo contendere to or is found guilty of a sexual offense under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , or incest, § 5-26-202 , perpetrated against a minor and is otherwise eligible for probation, the person is prohibited as a condition of his or her probation from residing in a residence with any minor unless the court makes a specific finding that the person poses no danger to a minor residing in the residence. (b) Upon violation of this condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Amended by Act 2023, No. 619,§ 19, eff. 8/1/2023. Amended by Act 2021, No. 499,§ 1, eff. 7/28/2021. Acts 1997, No. 1188, § 1; 2011, No. 570, § 90.

(a) If a person enters a plea of guilty or nolo contendere to or is found guilty of a sexual offense under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , or incest, § 5-26-202 , perpetrated against a minor and is otherwise eligible for probation, the person is prohibited as a condition of his or her probation from residing in a residence with any minor unless the court makes a specific finding that the person poses no danger to a minor residing in the residence.

(b) Upon violation of this condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

Amended by Act 2023, No. 619,§ 19, eff. 8/1/2023.

Amended by Act 2021, No. 499,§ 1, eff. 7/28/2021.

Acts 1997, No. 1188, § 1; 2011, No. 570, § 90.
Ark. Code Ann. § 16-128-101 — AR Code / Title 16 / Chapter 128 / Section 16-128-101
Forfeiture of and claims against property used to further an act of terrorism
Status: in_force

(a) All property, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of § 5-54-201 et seq., is subject to civil forfeiture to the state. (b) A person injured as a result of a criminal offense under § 5-54-201 et seq., and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for a criminal offense under § 5-54-201 et seq., may file a claim for costs or damages, and the property described in subsection (a) of this section shall be used to satisfy any costs or damages awarded for the claim. (c) (1) A forfeiture or disposition under this section shall not affect the rights of a factually innocent person. (2) A mortgage, lien, privilege, other security interest, or joint ownership interest shall not be affected by a forfeiture under this section if the owner of the mortgage, lien, privilege, other security interest, or joint owner establishes that he or she is a factually innocent person. (d) The allocation of proceeds from a forfeiture and disposition under this section shall be paid to claimants under subsection (b) of this section in the following order: (1) (A) First, the costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation. (B) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation. (C) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency; (2) Second, twenty-five percent (25%) of the proceeds plus the costs of prosecution or all of the remaining proceeds, whichever is less, shall be paid to the prosecuting attorney; (3) Third, the costs of investigation shall be paid on a pro rata basis to a law enforcement agency or governmental agency that was not fully reimbursed under subdivision (d)(1)(C) of this section; (4) Fourth, the costs of mitigation, seizure, or forfeiture shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process; and (5) Fifth, any remaining proceeds shall be paid on a pro rata basis to satisfy any judgments under § 16-128-102 for persons injured as a result of the criminal offense under § 5-54-201 et seq. (e) (1) Property subject to forfeiture under this section may be seized by a law enforcement officer upon the issuance of a court order. (2) Seizure without a court order may be made if: (A) The seizure is incident to a lawful arrest or search; or (B) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section. (3) (A) A forfeiture action resulting from a seizure under this subsection shall be instituted promptly. (B) Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. (C) When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer making the seizure may: (i) Place the property under seal; (ii) Remove the property to a place designated by the court; or (iii) Request another agency authorized by law to take custody of the property and remove it to an appropriate location. (f) The limitations period for a claim brought under this section is five (5) years from the date of the discovery of the violation of § 5-54-201 et seq. Added by Act 2013, No. 1295,§ 1, eff. 8/16/2013.

(a) All property, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of § 5-54-201 et seq., is subject to civil forfeiture to the state.

(b) A person injured as a result of a criminal offense under § 5-54-201 et seq., and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for a criminal offense under § 5-54-201 et seq., may file a claim for costs or damages, and the property described in subsection (a) of this section shall be used to satisfy any costs or damages awarded for the claim.

(c) (1) A forfeiture or disposition under this section shall not affect the rights of a factually innocent person. (2) A mortgage, lien, privilege, other security interest, or joint ownership interest shall not be affected by a forfeiture under this section if the owner of the mortgage, lien, privilege, other security interest, or joint owner establishes that he or she is a factually innocent person.

(1) A forfeiture or disposition under this section shall not affect the rights of a factually innocent person.

(2) A mortgage, lien, privilege, other security interest, or joint ownership interest shall not be affected by a forfeiture under this section if the owner of the mortgage, lien, privilege, other security interest, or joint owner establishes that he or she is a factually innocent person.

(d) The allocation of proceeds from a forfeiture and disposition under this section shall be paid to claimants under subsection (b) of this section in the following order: (1) (A) First, the costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation. (B) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation. (C) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency; (2) Second, twenty-five percent (25%) of the proceeds plus the costs of prosecution or all of the remaining proceeds, whichever is less, shall be paid to the prosecuting attorney; (3) Third, the costs of investigation shall be paid on a pro rata basis to a law enforcement agency or governmental agency that was not fully reimbursed under subdivision (d)(1)(C) of this section; (4) Fourth, the costs of mitigation, seizure, or forfeiture shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process; and (5) Fifth, any remaining proceeds shall be paid on a pro rata basis to satisfy any judgments under § 16-128-102 for persons injured as a result of the criminal offense under § 5-54-201 et seq.

(1) (A) First, the costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation. (B) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation. (C) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency;

(A) First, the costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation.

(B) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation.

(C) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency;

(2) Second, twenty-five percent (25%) of the proceeds plus the costs of prosecution or all of the remaining proceeds, whichever is less, shall be paid to the prosecuting attorney;

(3) Third, the costs of investigation shall be paid on a pro rata basis to a law enforcement agency or governmental agency that was not fully reimbursed under subdivision (d)(1)(C) of this section;

(4) Fourth, the costs of mitigation, seizure, or forfeiture shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process; and

(5) Fifth, any remaining proceeds shall be paid on a pro rata basis to satisfy any judgments under § 16-128-102 for persons injured as a result of the criminal offense under § 5-54-201 et seq.

(e) (1) Property subject to forfeiture under this section may be seized by a law enforcement officer upon the issuance of a court order. (2) Seizure without a court order may be made if: (A) The seizure is incident to a lawful arrest or search; or (B) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section. (3) (A) A forfeiture action resulting from a seizure under this subsection shall be instituted promptly. (B) Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. (C) When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer making the seizure may: (i) Place the property under seal; (ii) Remove the property to a place designated by the court; or (iii) Request another agency authorized by law to take custody of the property and remove it to an appropriate location.

(1) Property subject to forfeiture under this section may be seized by a law enforcement officer upon the issuance of a court order.

(2) Seizure without a court order may be made if: (A) The seizure is incident to a lawful arrest or search; or (B) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section.

(A) The seizure is incident to a lawful arrest or search; or

(B) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section.

(3) (A) A forfeiture action resulting from a seizure under this subsection shall be instituted promptly. (B) Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. (C) When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer making the seizure may: (i) Place the property under seal; (ii) Remove the property to a place designated by the court; or (iii) Request another agency authorized by law to take custody of the property and remove it to an appropriate location.

(A) A forfeiture action resulting from a seizure under this subsection shall be instituted promptly.

(B) Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court.

(C) When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer making the seizure may: (i) Place the property under seal; (ii) Remove the property to a place designated by the court; or (iii) Request another agency authorized by law to take custody of the property and remove it to an appropriate location.

(i) Place the property under seal;

(ii) Remove the property to a place designated by the court; or

(iii) Request another agency authorized by law to take custody of the property and remove it to an appropriate location.

(f) The limitations period for a claim brought under this section is five (5) years from the date of the discovery of the violation of § 5-54-201 et seq.

Added by Act 2013, No. 1295,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 16-123-305 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-305
Director
Status: in_force

(a) (1) The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Inspector General. (3) The Arkansas Fair Housing Commission may fix the compensation, duties, authority, and responsibilities of the director. (b) The commission may authorize the director to hire necessary staff and to provide for services, furnishings, equipment, and office space and employees of the commission shall be employees of the Department of Inspector General. Amended by Act 2019, No. 910,§ 5258, eff. 7/1/2019. Amended by Act 2017, No. 774,§ 1, eff. 8/1/2017. Acts 2001, No. 1785, § 6.

(a) (1) The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Inspector General. (3) The Arkansas Fair Housing Commission may fix the compensation, duties, authority, and responsibilities of the director.

(1) The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Inspector General.

(3) The Arkansas Fair Housing Commission may fix the compensation, duties, authority, and responsibilities of the director.

(b) The commission may authorize the director to hire necessary staff and to provide for services, furnishings, equipment, and office space and employees of the commission shall be employees of the Department of Inspector General.

Amended by Act 2019, No. 910,§ 5258, eff. 7/1/2019.

Amended by Act 2017, No. 774,§ 1, eff. 8/1/2017.

Acts 2001, No. 1785, § 6.
Ark. Code Ann. § 16-108-207 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-207
Motion to compel or stay arbitration
Status: in_force

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and (2) if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. (b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. (c) If the court finds that there is no enforceable agreement, it may not under subsection (a) or subsection (b) order the parties to arbitrate. (d) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established. (e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in § 16-108-227 . (f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. (g) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim. Acts 1969, No. 260, § 2; A.S.A. 1947, § 34-512; Acts 2011, No. 695, § 1.

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and (2) if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(1) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

(2) if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(c) If the court finds that there is no enforceable agreement, it may not under subsection (a) or subsection (b) order the parties to arbitrate.

(d) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in § 16-108-227 .

(f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(g) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

Acts 1969, No. 260, § 2; A.S.A. 1947, § 34-512; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-96-503 — AR Code / Title 16 / Chapter 96 / Subchapter 5 / Section 16-96-503
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 15, eff. 8/1/2023. Crim. Code, § 354; Acts 1874, No. 18, § 1, p. 61; C. & M. Dig., § 3380; Pope's Dig., § 4223; A.S.A. 1947, § 44-501; Acts 2005, No. 1994, § 280.

Repealed by Act 2023, No. 177,§ 15, eff. 8/1/2023.

Crim. Code, § 354; Acts 1874, No. 18, § 1, p. 61; C. & M. Dig., § 3380; Pope's Dig., § 4223; A.S.A. 1947, § 44-501; Acts 2005, No. 1994, § 280.
Ark. Code Ann. § 16-10-801 — AR Code / Title 16 / Chapter 10 / Subchapter 8 / Section 16-10-801
Temporary employment authorized
Status: in_force

As authorized by § 16-13-3302 , in the absence or unavailability of the trial court administrator the circuit judge may temporarily employ the services of a substitute trial court administrator if the temporary employment is essential to prevent a disruption of the business of the court. Amended by Act 2015, No. 268,§ 3, eff. 7/1/2015. Acts 1999, No. 393, § 1.

As authorized by § 16-13-3302 , in the absence or unavailability of the trial court administrator the circuit judge may temporarily employ the services of a substitute trial court administrator if the temporary employment is essential to prevent a disruption of the business of the court.

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

Acts 1999, No. 393, § 1.
Ark. Code Ann. § 16-90-605 — AR Code / Title 16 / Chapter 90 / Subchapter 6 / Section 16-90-605
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 6, eff. 1/1/2014. Acts 1991, No. 1224, § 1; 1995, No. 998, § 6.

Repealed by Act 2013, No. 1460,§ 6, eff. 1/1/2014.

Acts 1991, No. 1224, § 1; 1995, No. 998, § 6.
Ark. Code Ann. § 16-100-202 — AR Code / Title 16 / Chapter 100 / Subchapter 2 / Section 16-100-202
Goals of mental health specialty court program
Status: in_force

(a) The goals of a mental health specialty court program established under this subchapter include the following: (1) Integration of mental health treatment with criminal justice system case processing; (2) Use of a nonadversarial approach in which the prosecution and defense promote public safety while protecting the right of a mental health specialty court program participant to due process; (3) Early identification of eligible mental health specialty court program participants, with the use of a validated risk-needs assessment, and prompt placement of eligible mental health specialty court program participants; (4) Access to a continuum of treatment, rehabilitation, and related services for mental health specialty court program participants; (5) Periodic testing for alcohol and controlled substances at the discretion of the mental health specialty court, if a mental health specialty court program participant has been identified as a user of alcohol or controlled substances; (6) A coordinated strategy among the mental health specialty court judge, prosecution, defense, and mental health treatment providers to govern the compliance of a mental health specialty court program participant with the mental health specialty court program; (7) Ongoing judicial interaction with each mental health specialty court program participant; (8) Monitoring and evaluation of the achievement of mental health specialty court program goals and effectiveness; (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation of the mental health specialty court program; and (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance mental health specialty court program effectiveness. (b) Mental health specialty court program success is determined by the rate of recidivism of all mental health specialty court program participants, including mental health specialty court program participants who do not graduate from the mental health specialty court program. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

(a) The goals of a mental health specialty court program established under this subchapter include the following: (1) Integration of mental health treatment with criminal justice system case processing; (2) Use of a nonadversarial approach in which the prosecution and defense promote public safety while protecting the right of a mental health specialty court program participant to due process; (3) Early identification of eligible mental health specialty court program participants, with the use of a validated risk-needs assessment, and prompt placement of eligible mental health specialty court program participants; (4) Access to a continuum of treatment, rehabilitation, and related services for mental health specialty court program participants; (5) Periodic testing for alcohol and controlled substances at the discretion of the mental health specialty court, if a mental health specialty court program participant has been identified as a user of alcohol or controlled substances; (6) A coordinated strategy among the mental health specialty court judge, prosecution, defense, and mental health treatment providers to govern the compliance of a mental health specialty court program participant with the mental health specialty court program; (7) Ongoing judicial interaction with each mental health specialty court program participant; (8) Monitoring and evaluation of the achievement of mental health specialty court program goals and effectiveness; (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation of the mental health specialty court program; and (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance mental health specialty court program effectiveness.

(1) Integration of mental health treatment with criminal justice system case processing;

(2) Use of a nonadversarial approach in which the prosecution and defense promote public safety while protecting the right of a mental health specialty court program participant to due process;

(3) Early identification of eligible mental health specialty court program participants, with the use of a validated risk-needs assessment, and prompt placement of eligible mental health specialty court program participants;

(4) Access to a continuum of treatment, rehabilitation, and related services for mental health specialty court program participants;

(5) Periodic testing for alcohol and controlled substances at the discretion of the mental health specialty court, if a mental health specialty court program participant has been identified as a user of alcohol or controlled substances;

(6) A coordinated strategy among the mental health specialty court judge, prosecution, defense, and mental health treatment providers to govern the compliance of a mental health specialty court program participant with the mental health specialty court program;

(7) Ongoing judicial interaction with each mental health specialty court program participant;

(8) Monitoring and evaluation of the achievement of mental health specialty court program goals and effectiveness;

(9) Continuing interdisciplinary education to promote effective planning, implementation, and operation of the mental health specialty court program; and

(10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance mental health specialty court program effectiveness.

(b) Mental health specialty court program success is determined by the rate of recidivism of all mental health specialty court program participants, including mental health specialty court program participants who do not graduate from the mental health specialty court program.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-90-115 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-115
Suspension of sentence
Status: in_force

(a) All courts of record, district courts, and city courts in this state shall have the authority to suspend the imposition of sentences or the imposition of fines, or both, in all criminal cases pending before the courts unless specifically prohibited by law. (b) (1) At any time before a court has entered a judgment of conviction against a criminal defendant, the court may dismiss the case and, in that instance, any fine imposed against the defendant shall be considered a civil penalty. (2) The court, however, shall assess and disburse the appropriate court costs pursuant to § 16-10-305 et seq. Acts 1999, No. 463, § 1; 2003, No. 1185, §§ 215, 216.

(a) All courts of record, district courts, and city courts in this state shall have the authority to suspend the imposition of sentences or the imposition of fines, or both, in all criminal cases pending before the courts unless specifically prohibited by law.

(b) (1) At any time before a court has entered a judgment of conviction against a criminal defendant, the court may dismiss the case and, in that instance, any fine imposed against the defendant shall be considered a civil penalty. (2) The court, however, shall assess and disburse the appropriate court costs pursuant to § 16-10-305 et seq.

(1) At any time before a court has entered a judgment of conviction against a criminal defendant, the court may dismiss the case and, in that instance, any fine imposed against the defendant shall be considered a civil penalty.

(2) The court, however, shall assess and disburse the appropriate court costs pursuant to § 16-10-305 et seq.

Acts 1999, No. 463, § 1; 2003, No. 1185, §§ 215, 216.
Ark. Code Ann. § 16-85-510 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-510
Disclosure of media sources
Status: in_force

Before any editor, reporter, or other writer for any newspaper, periodical, radio station, television station, or internet news source, or publisher of any newspaper, periodical, or internet news source, or manager or owner of any radio station shall be required to disclose to any grand jury or to any other authority the source of information used as the basis for any article he or she may have written, published, or broadcast, it must be shown that the article was written, published, or broadcast in bad faith, with malice, and not in the interest of the public welfare. Init. Meas. 1936, No. 3, § 15, Acts 1937, p. 1384; Pope's Dig., § 3828; Acts 1949, No. 254, § 1; A.S.A. 1947, § 43-917; Acts 2011, No. 799, § 1.

Before any editor, reporter, or other writer for any newspaper, periodical, radio station, television station, or internet news source, or publisher of any newspaper, periodical, or internet news source, or manager or owner of any radio station shall be required to disclose to any grand jury or to any other authority the source of information used as the basis for any article he or she may have written, published, or broadcast, it must be shown that the article was written, published, or broadcast in bad faith, with malice, and not in the interest of the public welfare.

Init. Meas. 1936, No. 3, § 15, Acts 1937, p. 1384; Pope's Dig., § 3828; Acts 1949, No. 254, § 1; A.S.A. 1947, § 43-917; Acts 2011, No. 799, § 1.
Ark. Code Ann. § 16-64-123 — AR Code / Title 16 / Chapter 64 / Section 16-64-123
Excessiveness of damages generally
Status: in_force

The verdict of any jury rendered in any action for the recovery of damages where the measure thereof is indeterminate or uncertain shall not be held to be excessive or be set aside as excessive, except for some erroneous instruction or, upon evidence, aside from the amount of the damages assessed, that it was rendered under the influence of passion or prejudice. Acts 1901, No. 125, § 1, p. 196; C. & M. Dig., § 1313; Pope's Dig., § 1538; A.S.A. 1947, § 27-1903.

The verdict of any jury rendered in any action for the recovery of damages where the measure thereof is indeterminate or uncertain shall not be held to be excessive or be set aside as excessive, except for some erroneous instruction or, upon evidence, aside from the amount of the damages assessed, that it was rendered under the influence of passion or prejudice.

Acts 1901, No. 125, § 1, p. 196; C. & M. Dig., § 1313; Pope's Dig., § 1538; A.S.A. 1947, § 27-1903.
Ark. Code Ann. § 16-13-1411 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1411
Secretaries
Status: in_force

(a) The judges of each division of the Sixth Judicial District may appoint one (1) secretary. (b) Secretaries so appointed shall provide clerical, stenographic, and other secretarial services and may be assigned such additional duties at the discretion of the respective judges as are not inconsistent with the Constitution or laws of the State of Arkansas. (c) The salary of the secretaries of the Sixth Judicial District shall be sixteen thousand five hundred dollars ($16,500) per calendar year, which salary shall be paid by Pulaski County. (d) (1) The salary of each secretary employed by the Sixth Judicial District 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; 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 bi-weekly 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, §§ 4-6; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 5, 12-14.

(a) The judges of each division of the Sixth Judicial District may appoint one (1) secretary.

(b) Secretaries so appointed shall provide clerical, stenographic, and other secretarial services and may be assigned such additional duties at the discretion of the respective judges as are not inconsistent with the Constitution or laws of the State of Arkansas.

(c) The salary of the secretaries of the Sixth Judicial District shall be sixteen thousand five hundred dollars ($16,500) per calendar year, which salary shall be paid by Pulaski County.

(d) (1) The salary of each secretary employed by the Sixth Judicial District 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; 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 bi-weekly 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 salary of each secretary employed by the Sixth Judicial District 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; 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 bi-weekly 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, §§ 4-6; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 5, 12-14.
Ark. Code Ann. § 16-94-208 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-208
Contents of warrant
Status: in_force

Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this subchapter to the duly authorized agent of the demanding state. Acts 1935, No. 126, § 8; Pope's Dig., § 6088; A.S.A. 1947, § 43-3008.

Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this subchapter to the duly authorized agent of the demanding state.

Acts 1935, No. 126, § 8; Pope's Dig., § 6088; A.S.A. 1947, § 43-3008.
Ark. Code Ann. § 16-90-1002 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1002
Duties
Status: in_force

(a) The Crime Victims Reparations Board shall: (1) Advise and assist in the creation of local crime stoppers programs; (2) Foster the detection of crime and encourage persons to report information about criminal acts; (3) Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the board; (4) Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies; (5) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies; and (6) Adopt rules necessary to carry out its functions under this subchapter. (b) The office of the Attorney General shall provide the board such office space, support staff, and secretarial services as may be necessary for the administration of this subchapter. Amended by Act 2021, No. 475,§ 20, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1306, eff. 7/24/2019. Acts 1995, No. 1300, § 2.

(a) The Crime Victims Reparations Board shall: (1) Advise and assist in the creation of local crime stoppers programs; (2) Foster the detection of crime and encourage persons to report information about criminal acts; (3) Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the board; (4) Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies; (5) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies; and (6) Adopt rules necessary to carry out its functions under this subchapter.

(1) Advise and assist in the creation of local crime stoppers programs;

(2) Foster the detection of crime and encourage persons to report information about criminal acts;

(3) Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the board;

(4) Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies;

(5) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies; and

(6) Adopt rules necessary to carry out its functions under this subchapter.

(b) The office of the Attorney General shall provide the board such office space, support staff, and secretarial services as may be necessary for the administration of this subchapter.

Amended by Act 2021, No. 475,§ 20, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1306, eff. 7/24/2019.

Acts 1995, No. 1300, § 2.
Ark. Code Ann. § 16-110-117 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-117
Bond of defendant for retention of property
Status: in_force

(a) The county sheriff may deliver any attached property to the person in whose possession it was found upon the execution, in the presence of the county sheriff, of a bond to the plaintiff, by the person, with one (1) or more sufficient sureties to the effect that the obligors are bound, in double the value of the property, that the defendant shall perform the judgment of the court in the action, or that the property or its value shall be forthcoming, and subject to the orders of court for the satisfaction of the judgment. (b) For the purpose of taking this bond, the county sheriff shall cause the property to be appraised by three (3) disinterested householders, to be selected and sworn by him or her to make fair appraisement on the order of attachment. (c) In any proceeding on this bond, it shall not be a defense that the property was not subject to the attachment. Civil Code, §§ 234-236; C. & M. Dig., §§ 514-516; Pope's Dig., §§ 551-553; A.S.A. 1947, §§ 31-124 -- 31-126.

(a) The county sheriff may deliver any attached property to the person in whose possession it was found upon the execution, in the presence of the county sheriff, of a bond to the plaintiff, by the person, with one (1) or more sufficient sureties to the effect that the obligors are bound, in double the value of the property, that the defendant shall perform the judgment of the court in the action, or that the property or its value shall be forthcoming, and subject to the orders of court for the satisfaction of the judgment.

(b) For the purpose of taking this bond, the county sheriff shall cause the property to be appraised by three (3) disinterested householders, to be selected and sworn by him or her to make fair appraisement on the order of attachment.

(c) In any proceeding on this bond, it shall not be a defense that the property was not subject to the attachment.

Civil Code, §§ 234-236; C. & M. Dig., §§ 514-516; Pope's Dig., §§ 551-553; A.S.A. 1947, §§ 31-124 -- 31-126.
Ark. Code Ann. § 16-118-105 — AR Code / Title 16 / Chapter 118 / Section 16-118-105
Usurpation of office or franchise - Vacation of charters
Status: in_force

(a) In lieu of the writs of scire facias and quo warranto, or of information in the nature of a quo warranto, actions may be brought to vacate or repeal charters and prevent the usurpation of an office or franchise. (b) (1) Whenever a person usurps an office or franchise to which he or she is not entitled by law, an action may be instituted against him or her, either by the state or the party entitled to the office or franchise, to prevent the usurper from exercising the office or franchise. (2) A person who continues to exercise an office after having committed an act, or omitted to do an act, of which the commission or omission, by law, created a forfeiture of his or her office, shall be subject to be proceeded against for a usurpation thereof. (3) (A) It shall be the duty of the prosecuting attorney to institute the actions mentioned in this section against all persons who usurp county offices or franchises where there is no other person entitled thereto or the person entitled fails to institute the action for three (3) months after the usurpation. (B) For usurpation of other than county offices or franchises, the action by the state shall be instituted and prosecuted by the Attorney General. (4) (A) (i) When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise. (ii) No one shall be adjudged entitled thereto unless the action is instituted by him or her. (B) The court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usurper, and by preventing him or her from further exercising or using the office or franchise, and may enforce its orders by fine and imprisonment until obeyed. (5) When the usurper has received fees and emoluments arising from the office or franchise, he or she shall be liable therefor to the person entitled thereto, who may claim the fees and emoluments in the action brought to deprive him or her of the office or franchise or in a separate action. If no one is entitled to the office or franchise, the fees and emoluments may be recovered by the state and paid into the State Treasury. (c) The action to repeal or vacate a charter shall be in the name of the state and brought and presented by the Attorney General or, under his or her sanction and direction, by an attorney for the state. (d) The pleadings in the actions named in this section are not required to be verified by affidavit unless prosecuted by a private individual. Civil Code, §§ 522, 523, 525-531; C. & M. Dig., §§ 10325-10332; Pope's Dig., §§ 14325-14332; A.S.A. 1947, §§ 34-2201 -- 34-2209; Acts 2003, No. 1185, § 244.

(a) In lieu of the writs of scire facias and quo warranto, or of information in the nature of a quo warranto, actions may be brought to vacate or repeal charters and prevent the usurpation of an office or franchise.

(b) (1) Whenever a person usurps an office or franchise to which he or she is not entitled by law, an action may be instituted against him or her, either by the state or the party entitled to the office or franchise, to prevent the usurper from exercising the office or franchise. (2) A person who continues to exercise an office after having committed an act, or omitted to do an act, of which the commission or omission, by law, created a forfeiture of his or her office, shall be subject to be proceeded against for a usurpation thereof. (3) (A) It shall be the duty of the prosecuting attorney to institute the actions mentioned in this section against all persons who usurp county offices or franchises where there is no other person entitled thereto or the person entitled fails to institute the action for three (3) months after the usurpation. (B) For usurpation of other than county offices or franchises, the action by the state shall be instituted and prosecuted by the Attorney General. (4) (A) (i) When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise. (ii) No one shall be adjudged entitled thereto unless the action is instituted by him or her. (B) The court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usurper, and by preventing him or her from further exercising or using the office or franchise, and may enforce its orders by fine and imprisonment until obeyed. (5) When the usurper has received fees and emoluments arising from the office or franchise, he or she shall be liable therefor to the person entitled thereto, who may claim the fees and emoluments in the action brought to deprive him or her of the office or franchise or in a separate action. If no one is entitled to the office or franchise, the fees and emoluments may be recovered by the state and paid into the State Treasury.

(1) Whenever a person usurps an office or franchise to which he or she is not entitled by law, an action may be instituted against him or her, either by the state or the party entitled to the office or franchise, to prevent the usurper from exercising the office or franchise.

(2) A person who continues to exercise an office after having committed an act, or omitted to do an act, of which the commission or omission, by law, created a forfeiture of his or her office, shall be subject to be proceeded against for a usurpation thereof.

(3) (A) It shall be the duty of the prosecuting attorney to institute the actions mentioned in this section against all persons who usurp county offices or franchises where there is no other person entitled thereto or the person entitled fails to institute the action for three (3) months after the usurpation. (B) For usurpation of other than county offices or franchises, the action by the state shall be instituted and prosecuted by the Attorney General.

(A) It shall be the duty of the prosecuting attorney to institute the actions mentioned in this section against all persons who usurp county offices or franchises where there is no other person entitled thereto or the person entitled fails to institute the action for three (3) months after the usurpation.

(B) For usurpation of other than county offices or franchises, the action by the state shall be instituted and prosecuted by the Attorney General.

(4) (A) (i) When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise. (ii) No one shall be adjudged entitled thereto unless the action is instituted by him or her. (B) The court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usurper, and by preventing him or her from further exercising or using the office or franchise, and may enforce its orders by fine and imprisonment until obeyed.

(A) (i) When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise. (ii) No one shall be adjudged entitled thereto unless the action is instituted by him or her.

(i) When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise.

(ii) No one shall be adjudged entitled thereto unless the action is instituted by him or her.

(B) The court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usurper, and by preventing him or her from further exercising or using the office or franchise, and may enforce its orders by fine and imprisonment until obeyed.

(5) When the usurper has received fees and emoluments arising from the office or franchise, he or she shall be liable therefor to the person entitled thereto, who may claim the fees and emoluments in the action brought to deprive him or her of the office or franchise or in a separate action. If no one is entitled to the office or franchise, the fees and emoluments may be recovered by the state and paid into the State Treasury.

(c) The action to repeal or vacate a charter shall be in the name of the state and brought and presented by the Attorney General or, under his or her sanction and direction, by an attorney for the state.

(d) The pleadings in the actions named in this section are not required to be verified by affidavit unless prosecuted by a private individual.

Civil Code, §§ 522, 523, 525-531; C. & M. Dig., §§ 10325-10332; Pope's Dig., §§ 14325-14332; A.S.A. 1947, §§ 34-2201 -- 34-2209; Acts 2003, No. 1185, § 244.
Ark. Code Ann. § 16-43-804 — AR Code / Title 16 / Chapter 43 / Subchapter 8 / Section 16-43-804
Proof of attendance
Status: in_force

(a) Every account for attendance of a witness shall be sworn to and shall state that he or she was summoned to attend as a witness in the cause upon which the charge is made, shall state the number of days he or she attended, and, if the witness was summoned outside the limits of the county in which he or she resides, shall state the number of miles he or she traveled in consequence of the summons. (b) Every witness shall prove his or her attendance before any court, whether the case is determined or not, before the clerk of the court before which he or she may be summoned to appear. Acts 1875, No. 77, §§ 43, 45, p. 167; C. & M. Dig., §§ 4615, 4616; Pope's Dig., §§ 5704, 5705; A.S.A. 1947, §§ 28-528, 28-529; Acts 2003, No. 1185, § 183.

(a) Every account for attendance of a witness shall be sworn to and shall state that he or she was summoned to attend as a witness in the cause upon which the charge is made, shall state the number of days he or she attended, and, if the witness was summoned outside the limits of the county in which he or she resides, shall state the number of miles he or she traveled in consequence of the summons.

(b) Every witness shall prove his or her attendance before any court, whether the case is determined or not, before the clerk of the court before which he or she may be summoned to appear.

Acts 1875, No. 77, §§ 43, 45, p. 167; C. & M. Dig., §§ 4615, 4616; Pope's Dig., §§ 5704, 5705; A.S.A. 1947, §§ 28-528, 28-529; Acts 2003, No. 1185, § 183.
Ark. Code Ann. § 16-96-401 — AR Code / Title 16 / Chapter 96 / Subchapter 4 / Section 16-96-401
Collection and payment
Status: in_force

(a) All justices of the peace are prohibited from collecting fines, penalties, and forfeitures. (b) Quarterly on the first Mondays in July, October, January, and April, all constables or other collecting officers of any township shall turn over to the county treasurer of their respective counties all fines, penalties, and forfeitures, less the commission due the officers, which shall be three percent (3%) for constables on the amount collected by them, taking duplicate receipts therefor, one (1) of which shall be immediately filed with the clerk of the county court of their respective counties. (c) (1) On or before the first Mondays of July, October, January, and April of each year, the clerks of the county courts shall audit the accounts of constables and other collecting officers referred to in subsection (b) of this section. To that end, the clerks of the county courts shall open a separate account with each of the officers in a book to be kept by the clerks for that purpose. (2) They shall charge the collecting officer with the amount of fines, penalties, and forfeitures adjudged against defendants in justice of the peace courts or other courts in the county, excepting only circuit courts, as shown by the transcript of the judicial officers on file in the offices of the clerks of the county courts. (d) The clerks of the county courts shall further charge the county treasurer with all fines, penalties, and forfeitures turned over by constables and other collecting officers in pursuance of the provisions of this section. (e) (1) The constables and other collecting officers shall not be credited with any deficits as to fines and penalties unless they shall be able to show the death of the party against whom the fine or penalty was adjudged or that imprisonment in default of the payment of fine has been complied with in accordance with the provisions of the criminal law. (2) The constables and other collecting officers shall not be credited with any deficit on forfeited bail bonds or recognizances unless the return of the officer serving the execution in the case shall show that the defendant had no property subject to execution. In that case, a certified copy of the return shall be filed with the clerk of the county court by the officer charged with the collection. (f) (1) At the commencement of each session of the circuit court of the clerk's county, the clerk of the county court shall furnish the prosecuting attorney with a written statement of all deficits of constables and other collecting officers on account of fines, penalties, and forfeitures. (2) It shall be the duty of the prosecuting attorney to bring suit against the constables and collecting officers and their securities for the deficiency due and also to prosecute the officers by indictment for malfeasance in office. Acts 1883, No. 114, §§ 213, 215-218, 221, p. 199; C. & M. Dig., §§ 10184, 10186-10189, 10192; Pope's Dig., §§ 13967, 13969-13972, 13975; A.S.A. 1947, §§ 44-401, 44-405 -- 44-409; Acts 2005, No. 1994, § 325.

(a) All justices of the peace are prohibited from collecting fines, penalties, and forfeitures.

(b) Quarterly on the first Mondays in July, October, January, and April, all constables or other collecting officers of any township shall turn over to the county treasurer of their respective counties all fines, penalties, and forfeitures, less the commission due the officers, which shall be three percent (3%) for constables on the amount collected by them, taking duplicate receipts therefor, one (1) of which shall be immediately filed with the clerk of the county court of their respective counties.

(c) (1) On or before the first Mondays of July, October, January, and April of each year, the clerks of the county courts shall audit the accounts of constables and other collecting officers referred to in subsection (b) of this section. To that end, the clerks of the county courts shall open a separate account with each of the officers in a book to be kept by the clerks for that purpose. (2) They shall charge the collecting officer with the amount of fines, penalties, and forfeitures adjudged against defendants in justice of the peace courts or other courts in the county, excepting only circuit courts, as shown by the transcript of the judicial officers on file in the offices of the clerks of the county courts.

(1) On or before the first Mondays of July, October, January, and April of each year, the clerks of the county courts shall audit the accounts of constables and other collecting officers referred to in subsection (b) of this section. To that end, the clerks of the county courts shall open a separate account with each of the officers in a book to be kept by the clerks for that purpose.

(2) They shall charge the collecting officer with the amount of fines, penalties, and forfeitures adjudged against defendants in justice of the peace courts or other courts in the county, excepting only circuit courts, as shown by the transcript of the judicial officers on file in the offices of the clerks of the county courts.

(d) The clerks of the county courts shall further charge the county treasurer with all fines, penalties, and forfeitures turned over by constables and other collecting officers in pursuance of the provisions of this section.

(e) (1) The constables and other collecting officers shall not be credited with any deficits as to fines and penalties unless they shall be able to show the death of the party against whom the fine or penalty was adjudged or that imprisonment in default of the payment of fine has been complied with in accordance with the provisions of the criminal law. (2) The constables and other collecting officers shall not be credited with any deficit on forfeited bail bonds or recognizances unless the return of the officer serving the execution in the case shall show that the defendant had no property subject to execution. In that case, a certified copy of the return shall be filed with the clerk of the county court by the officer charged with the collection.

(1) The constables and other collecting officers shall not be credited with any deficits as to fines and penalties unless they shall be able to show the death of the party against whom the fine or penalty was adjudged or that imprisonment in default of the payment of fine has been complied with in accordance with the provisions of the criminal law.

(2) The constables and other collecting officers shall not be credited with any deficit on forfeited bail bonds or recognizances unless the return of the officer serving the execution in the case shall show that the defendant had no property subject to execution. In that case, a certified copy of the return shall be filed with the clerk of the county court by the officer charged with the collection.

(f) (1) At the commencement of each session of the circuit court of the clerk's county, the clerk of the county court shall furnish the prosecuting attorney with a written statement of all deficits of constables and other collecting officers on account of fines, penalties, and forfeitures. (2) It shall be the duty of the prosecuting attorney to bring suit against the constables and collecting officers and their securities for the deficiency due and also to prosecute the officers by indictment for malfeasance in office.

(1) At the commencement of each session of the circuit court of the clerk's county, the clerk of the county court shall furnish the prosecuting attorney with a written statement of all deficits of constables and other collecting officers on account of fines, penalties, and forfeitures.

(2) It shall be the duty of the prosecuting attorney to bring suit against the constables and collecting officers and their securities for the deficiency due and also to prosecute the officers by indictment for malfeasance in office.

Acts 1883, No. 114, §§ 213, 215-218, 221, p. 199; C. & M. Dig., §§ 10184, 10186-10189, 10192; Pope's Dig., §§ 13967, 13969-13972, 13975; A.S.A. 1947, §§ 44-401, 44-405 -- 44-409; Acts 2005, No. 1994, § 325.
Ark. Code Ann. § 16-93-602 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-602
Felonies committed between April 1, 1977, and April 1, 1983 - Purpose and construction of sections
Status: in_force

(a) It is the purpose and intent of this section and §§ 16-93-603 and 16-93-604 to establish parole eligibility for a person convicted of a felony committed on or after April 1, 1977, and prior to April 1, 1983. (b) Nothing in this section and §§ 16-93-603 and 16-93-604 is to be construed to repeal the parole eligibility laws in effect on the date criminal offenses were committed prior to April 1, 1977. Acts 1977, No. 93, § 3; A.S.A. 1947, § 43-2830.

(a) It is the purpose and intent of this section and §§ 16-93-603 and 16-93-604 to establish parole eligibility for a person convicted of a felony committed on or after April 1, 1977, and prior to April 1, 1983.

(b) Nothing in this section and §§ 16-93-603 and 16-93-604 is to be construed to repeal the parole eligibility laws in effect on the date criminal offenses were committed prior to April 1, 1977.

Acts 1977, No. 93, § 3; A.S.A. 1947, § 43-2830.
Ark. Code Ann. § 16-33-101 — AR Code / Title 16 / Chapter 33 / Subchapter 1 / Section 16-33-101
Examination of prospective jurors
Status: in_force

(a) In all cases, both civil and criminal, the court shall examine all prospective jurors under oath upon all matters set forth in the statutes as disqualifications. (b) Further questions may be asked by the court or by the attorneys in the case, in the discretion of the court. (c) (1) (A) (i) If a court utilizes prospective juror questionnaires, the questionnaires may request a prospective juror's mailing or residential address or phone number. (ii) However, the address and phone number shall be redacted from the questionnaires before providing completed questionnaires to the attorneys for the parties. (B) The attorneys for the parties shall be precluded from asking for that information during voir dire. (C) However, the attorneys or the court may ask a prospective juror his or her city or town of residence. (2) Except as provided in § 13-4-302 , nothing in this section shall preclude the clerk of the court from keeping and maintaining records of potential jurors that contain mailing or residential addresses or phone numbers. Init. Meas. 1936, No. 3, § 16, Acts 1937, p. 1384; Pope's Dig., § 3996; A.S.A. 1947, § 39-226; Acts 2001, No. 210, § 1; 2005, No. 87, § 11; 2007, No. 226, § 3.

(a) In all cases, both civil and criminal, the court shall examine all prospective jurors under oath upon all matters set forth in the statutes as disqualifications.

(b) Further questions may be asked by the court or by the attorneys in the case, in the discretion of the court.

(c) (1) (A) (i) If a court utilizes prospective juror questionnaires, the questionnaires may request a prospective juror's mailing or residential address or phone number. (ii) However, the address and phone number shall be redacted from the questionnaires before providing completed questionnaires to the attorneys for the parties. (B) The attorneys for the parties shall be precluded from asking for that information during voir dire. (C) However, the attorneys or the court may ask a prospective juror his or her city or town of residence. (2) Except as provided in § 13-4-302 , nothing in this section shall preclude the clerk of the court from keeping and maintaining records of potential jurors that contain mailing or residential addresses or phone numbers.

(1) (A) (i) If a court utilizes prospective juror questionnaires, the questionnaires may request a prospective juror's mailing or residential address or phone number. (ii) However, the address and phone number shall be redacted from the questionnaires before providing completed questionnaires to the attorneys for the parties. (B) The attorneys for the parties shall be precluded from asking for that information during voir dire. (C) However, the attorneys or the court may ask a prospective juror his or her city or town of residence.

(A) (i) If a court utilizes prospective juror questionnaires, the questionnaires may request a prospective juror's mailing or residential address or phone number. (ii) However, the address and phone number shall be redacted from the questionnaires before providing completed questionnaires to the attorneys for the parties.

(i) If a court utilizes prospective juror questionnaires, the questionnaires may request a prospective juror's mailing or residential address or phone number.

(ii) However, the address and phone number shall be redacted from the questionnaires before providing completed questionnaires to the attorneys for the parties.

(B) The attorneys for the parties shall be precluded from asking for that information during voir dire.

(C) However, the attorneys or the court may ask a prospective juror his or her city or town of residence.

(2) Except as provided in § 13-4-302 , nothing in this section shall preclude the clerk of the court from keeping and maintaining records of potential jurors that contain mailing or residential addresses or phone numbers.

Init. Meas. 1936, No. 3, § 16, Acts 1937, p. 1384; Pope's Dig., § 3996; A.S.A. 1947, § 39-226; Acts 2001, No. 210, § 1; 2005, No. 87, § 11; 2007, No. 226, § 3.
Ark. Code Ann. § 16-91-206 — AR Code / Title 16 / Chapter 91 / Subchapter 2 / Section 16-91-206
Title
Status: in_force

This subchapter is known and may be cited as the "Arkansas Effective Death Penalty Act of 1997". Acts 1997, No. 925, § 1.

This subchapter is known and may be cited as the "Arkansas Effective Death Penalty Act of 1997".

Acts 1997, No. 925, § 1.
Ark. Code Ann. § 16-87-101 — AR Code / Title 16 / Chapter 87 / Subchapter 1 / Section 16-87-101
Title
Status: in_force

This chapter may be cited as the "Public Defender Act". Acts 1975, No. 996, § 1; A.S.A. 1947, § 43-3301.

This chapter may be cited as the "Public Defender Act".

Acts 1975, No. 996, § 1; A.S.A. 1947, § 43-3301.
Ark. Code Ann. § 16-63-403 — AR Code / Title 16 / Chapter 63 / Subchapter 4 / Section 16-63-403
No continuance until costs paid
Status: in_force

No order of continuance takes effect until the plaintiff or, if the continuance has been granted upon the motion of the defendant, the defendant has made or secured the payment of all costs of the action, due for the term in which the continuance is granted. Civil Code, § 775; Acts 1871, No. 48, § 1 [775], p. 219; C. & M. Dig., § 1272; Pope's Dig., § 1496; A.S.A. 1947, § 27-1404.

No order of continuance takes effect until the plaintiff or, if the continuance has been granted upon the motion of the defendant, the defendant has made or secured the payment of all costs of the action, due for the term in which the continuance is granted.

Civil Code, § 775; Acts 1871, No. 48, § 1 [775], p. 219; C. & M. Dig., § 1272; Pope's Dig., § 1496; A.S.A. 1947, § 27-1404.
Ark. Code Ann. § 16-55-108 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-108
Authority of deputies
Status: in_force

Any duty enjoined by this code upon a ministerial officer and any act permitted to be done by him or her may be performed by his or her lawful deputy. Civil Code, § 781, C. & M. Dig., § 9754; Pope's Dig., § 13280; A.S.A. 1947, § 27-132.

Any duty enjoined by this code upon a ministerial officer and any act permitted to be done by him or her may be performed by his or her lawful deputy.

Civil Code, § 781, C. & M. Dig., § 9754; Pope's Dig., § 13280; A.S.A. 1947, § 27-132.
Ark. Code Ann. § 16-19-407 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-407
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 22, 23, p. 430; C. & M. Dig., §§ 6420, 6421; Pope's Dig., §§ 8382, 8383; A.S.A. 1947, §§ 26-308, 26-309.

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

Acts 1873, No. 135, §§ 22, 23, p. 430; C. & M. Dig., §§ 6420, 6421; Pope's Dig., §§ 8382, 8383; A.S.A. 1947, §§ 26-308, 26-309.
Ark. Code Ann. § 16-110-132 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-132
Judgment in favor of plaintiff
Status: in_force

(a) If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant is filed denying the statements of the affidavit upon which the attachment was issued or motion is made to discharge it, the court shall sustain the attachment. (b) Upon an attachment being sustained, the property attached, its proceeds, or the securities taken upon the attachment, shall, by appropriate orders, be applied in satisfaction of the judgment. (c) (1) If judgment is rendered for the plaintiff, the court shall apply in satisfaction thereof: (A) The moneys arising from the sales of perishable property; and (B) The proceeds of the debts and funds attached in the hands of the garnishees. (2) If these are not sufficient to satisfy the plaintiff's claim, the court shall order a sale, by the county sheriff, of any other attached property which may be under its control, in the following order: (A) Personal property; and (B) Real property, or so much of it as may be necessary to satisfy the plaintiff's claim. Civil Code, §§ 250, 278, 279; C. & M. Dig., §§ 535, 568, 569; Pope's Dig., §§ 572, 605, 606; A.S.A. 1947, §§ 31-153 -- 31-155.

(a) If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant is filed denying the statements of the affidavit upon which the attachment was issued or motion is made to discharge it, the court shall sustain the attachment.

(b) Upon an attachment being sustained, the property attached, its proceeds, or the securities taken upon the attachment, shall, by appropriate orders, be applied in satisfaction of the judgment.

(c) (1) If judgment is rendered for the plaintiff, the court shall apply in satisfaction thereof: (A) The moneys arising from the sales of perishable property; and (B) The proceeds of the debts and funds attached in the hands of the garnishees. (2) If these are not sufficient to satisfy the plaintiff's claim, the court shall order a sale, by the county sheriff, of any other attached property which may be under its control, in the following order: (A) Personal property; and (B) Real property, or so much of it as may be necessary to satisfy the plaintiff's claim.

(1) If judgment is rendered for the plaintiff, the court shall apply in satisfaction thereof: (A) The moneys arising from the sales of perishable property; and (B) The proceeds of the debts and funds attached in the hands of the garnishees.

(A) The moneys arising from the sales of perishable property; and

(B) The proceeds of the debts and funds attached in the hands of the garnishees.

(2) If these are not sufficient to satisfy the plaintiff's claim, the court shall order a sale, by the county sheriff, of any other attached property which may be under its control, in the following order: (A) Personal property; and (B) Real property, or so much of it as may be necessary to satisfy the plaintiff's claim.

(A) Personal property; and

(B) Real property, or so much of it as may be necessary to satisfy the plaintiff's claim.

Civil Code, §§ 250, 278, 279; C. & M. Dig., §§ 535, 568, 569; Pope's Dig., §§ 572, 605, 606; A.S.A. 1947, §§ 31-153 -- 31-155.
Ark. Code Ann. § 16-92-105 — AR Code / Title 16 / Chapter 92 / Section 16-92-105
Costs and fees - Liability of county
Status: in_force

(a) Fees allowed in criminal cases shall be paid by the defendant, but if sufficient property belonging to the defendant cannot be found for that purpose, the fees shall be paid by the county where the conviction is had, except in cases of misdemeanors, when the county shall not be liable. (b) In all criminal or penal cases pending under indictment in the circuit courts, if the defendant shall be acquitted or if nolle prosequi shall be entered by the prosecuting attorney, except in cases where the prosecutor shall be adjudged to pay the costs or, in cases of felony, if the defendant shall be convicted and shall not have the property to pay the costs, the costs shall be paid by the county. (c) The county shall not be liable for costs when the defendant is convicted until execution shall have been issued against the property of the convict and returned unsatisfied for the want of property to satisfy the costs; unless the court in which the trial was held shall certify that, in the opinion of the court, the costs cannot be made out of the property of the defendant. (d) Whenever the county shall be liable to pay the costs and expenses in criminal cases, the circuit court for the county in which the case was held shall adjust the costs and expenses and cause them to be certified to the county court. Rev. Stat., ch. 45, §§ 205-207; Acts 1875, No. 77, § 5, p. 167; 1889, No. 4, § 1, p. 3; C. & M. Dig., §§ 3272-3275; Pope's Dig., §§ 4118-4120, 4123; A.S.A. 1947, §§ 43-2405 -- 43-2408.

(a) Fees allowed in criminal cases shall be paid by the defendant, but if sufficient property belonging to the defendant cannot be found for that purpose, the fees shall be paid by the county where the conviction is had, except in cases of misdemeanors, when the county shall not be liable.

(b) In all criminal or penal cases pending under indictment in the circuit courts, if the defendant shall be acquitted or if nolle prosequi shall be entered by the prosecuting attorney, except in cases where the prosecutor shall be adjudged to pay the costs or, in cases of felony, if the defendant shall be convicted and shall not have the property to pay the costs, the costs shall be paid by the county.

(c) The county shall not be liable for costs when the defendant is convicted until execution shall have been issued against the property of the convict and returned unsatisfied for the want of property to satisfy the costs; unless the court in which the trial was held shall certify that, in the opinion of the court, the costs cannot be made out of the property of the defendant.

(d) Whenever the county shall be liable to pay the costs and expenses in criminal cases, the circuit court for the county in which the case was held shall adjust the costs and expenses and cause them to be certified to the county court.

Rev. Stat., ch. 45, §§ 205-207; Acts 1875, No. 77, § 5, p. 167; 1889, No. 4, § 1, p. 3; C. & M. Dig., §§ 3272-3275; Pope's Dig., §§ 4118-4120, 4123; A.S.A. 1947, §§ 43-2405 -- 43-2408.
Ark. Code Ann. § 16-13-903 — AR Code / Title 16 / Chapter 13 / Subchapter 9 / Section 16-13-903
Judges and chancellors
Status: in_force

(a) The qualified electors of the First Judicial District shall elect: (1) Two (2) circuit judges; (2) Two (2) chancellors; and (3) One (1) circuit-chancery judge. (b) (1) Each judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1.

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

(1) Two (2) circuit judges;

(2) Two (2) chancellors; and

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

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

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

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

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1.
Ark. Code Ann. § 16-85-501 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-501
Appointment of foreman and clerk
Status: in_force

(a) The court shall appoint one of the number of every grand jury as foreman. (b) Every grand jury may appoint one of the members to be clerk, to preserve and keep minutes of their proceedings and of the evidence given before them. (1) However, the presiding judge of the circuit court, at his or her discretion, may require the official court reporter in counties where provision is not otherwise made for a reporter to report the proceedings of the grand jury, to attend all or any sessions of the grand jury of the court, and to make reports of the proceedings of the grand jury at such sessions or such part of the proceedings as the judge of the court may direct, and to furnish to the prosecuting attorney, as promptly as practicable, transcribed, typewritten copies of all or such part of the proceedings so reported as the judge or the prosecuting attorney may request. (2) Court reporters attending sessions of the grand jury shall be subject to the same penalties as are prescribed by law for any person divulging, except as authorized by law, any part of the proceedings of the grand jury. (3) The official reporters of circuit courts are required to perform the duties imposed upon them in accordance with the provisions of this subsection, in addition to their other duties, and without additional compensation. Rev. Stat., ch. 45, § 62; Crim. Code, § 406; Acts 1871, No. 49, § 1 [406], p. 255; C. & M. Dig., §§ 2978, 2980; Acts 1933, No. 29, § 1; Pope's Dig., §§ 3800, 3802; A.S.A. 1947, §§ 43-903, 43-905.

(a) The court shall appoint one of the number of every grand jury as foreman.

(b) Every grand jury may appoint one of the members to be clerk, to preserve and keep minutes of their proceedings and of the evidence given before them. (1) However, the presiding judge of the circuit court, at his or her discretion, may require the official court reporter in counties where provision is not otherwise made for a reporter to report the proceedings of the grand jury, to attend all or any sessions of the grand jury of the court, and to make reports of the proceedings of the grand jury at such sessions or such part of the proceedings as the judge of the court may direct, and to furnish to the prosecuting attorney, as promptly as practicable, transcribed, typewritten copies of all or such part of the proceedings so reported as the judge or the prosecuting attorney may request. (2) Court reporters attending sessions of the grand jury shall be subject to the same penalties as are prescribed by law for any person divulging, except as authorized by law, any part of the proceedings of the grand jury. (3) The official reporters of circuit courts are required to perform the duties imposed upon them in accordance with the provisions of this subsection, in addition to their other duties, and without additional compensation.

(1) However, the presiding judge of the circuit court, at his or her discretion, may require the official court reporter in counties where provision is not otherwise made for a reporter to report the proceedings of the grand jury, to attend all or any sessions of the grand jury of the court, and to make reports of the proceedings of the grand jury at such sessions or such part of the proceedings as the judge of the court may direct, and to furnish to the prosecuting attorney, as promptly as practicable, transcribed, typewritten copies of all or such part of the proceedings so reported as the judge or the prosecuting attorney may request.

(2) Court reporters attending sessions of the grand jury shall be subject to the same penalties as are prescribed by law for any person divulging, except as authorized by law, any part of the proceedings of the grand jury.

(3) The official reporters of circuit courts are required to perform the duties imposed upon them in accordance with the provisions of this subsection, in addition to their other duties, and without additional compensation.

Rev. Stat., ch. 45, § 62; Crim. Code, § 406; Acts 1871, No. 49, § 1 [406], p. 255; C. & M. Dig., §§ 2978, 2980; Acts 1933, No. 29, § 1; Pope's Dig., §§ 3800, 3802; A.S.A. 1947, §§ 43-903, 43-905.
Ark. Code Ann. § 16-13-503 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-503
Appointment - Compensation - Leave
Status: in_force

(a) Each judge of each circuit court may appoint one (1) or more court reporters as may be authorized by law. (b) (1) The salaries of the court reporters shall: (A) Be exempt from the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (B) Not exceed the maximum annual salary rate authorized by the General Assembly in the applicable appropriation act; and (C) Be determined by the Administrative Office of the Courts. (2) The salaries, together with other expenses authorized by law for the court reporters to be paid from state funds, shall be paid with moneys appropriated for the salaries and other expenses by the General Assembly from the Court Reporter's Fund. (3) The total amount of salaries paid to court reporters and other distributions of the Court Reporter's Fund shall not exceed: (A) The total annual allocation authorized by the General Assembly to the Court Reporter's Fund from the State Administration of Justice Fund as supplemented, if necessary, by any real property transfer tax revenues under § 26-60-112(b)(2) ; and (B) Any remaining balances in the Court Reporter's Fund. (c) (1) Notwithstanding the exemption provided by § 21-4-203 , the circuit judge of the circuit court served by a court reporter shall administer the attendance and leave policies for the court reporter in the manner prescribed for state employees by the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (2) The court reporter shall forward all approved requests for leave to the office on a regular and timely basis for payroll purposes. (3) The office shall prescribe the procedures for obtaining all relevant leave information, including without limitation the forms, method of transmittal, and format for obtaining the leave information. (d) (1) Rules for the regulation of the practice of court reporting in this state, including, but not limited to, certification, discipline, and provisions for the retention of court reporter records, shall be the responsibility of the Supreme Court. (2) Provided, however, that nothing in this subsection shall permit the Supreme Court to require that counties or county officials provide space for the storage of court reporter records. Amended by Act 2015, No. 268,§ 5, eff. 7/1/2015. Acts 1981 (Ex. Sess.), No. 16, § 5; A.S.A. 1947, § 22-366.3; Acts 1995, No. 743, § 1; 2003, No. 1363, § 1.

(a) Each judge of each circuit court may appoint one (1) or more court reporters as may be authorized by law.

(b) (1) The salaries of the court reporters shall: (A) Be exempt from the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (B) Not exceed the maximum annual salary rate authorized by the General Assembly in the applicable appropriation act; and (C) Be determined by the Administrative Office of the Courts. (2) The salaries, together with other expenses authorized by law for the court reporters to be paid from state funds, shall be paid with moneys appropriated for the salaries and other expenses by the General Assembly from the Court Reporter's Fund. (3) The total amount of salaries paid to court reporters and other distributions of the Court Reporter's Fund shall not exceed: (A) The total annual allocation authorized by the General Assembly to the Court Reporter's Fund from the State Administration of Justice Fund as supplemented, if necessary, by any real property transfer tax revenues under § 26-60-112(b)(2) ; and (B) Any remaining balances in the Court Reporter's Fund.

(1) The salaries of the court reporters shall: (A) Be exempt from the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (B) Not exceed the maximum annual salary rate authorized by the General Assembly in the applicable appropriation act; and (C) Be determined by the Administrative Office of the Courts.

(A) Be exempt from the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.;

(B) Not exceed the maximum annual salary rate authorized by the General Assembly in the applicable appropriation act; and

(C) Be determined by the Administrative Office of the Courts.

(2) The salaries, together with other expenses authorized by law for the court reporters to be paid from state funds, shall be paid with moneys appropriated for the salaries and other expenses by the General Assembly from the Court Reporter's Fund.

(3) The total amount of salaries paid to court reporters and other distributions of the Court Reporter's Fund shall not exceed: (A) The total annual allocation authorized by the General Assembly to the Court Reporter's Fund from the State Administration of Justice Fund as supplemented, if necessary, by any real property transfer tax revenues under § 26-60-112(b)(2) ; and (B) Any remaining balances in the Court Reporter's Fund.

(A) The total annual allocation authorized by the General Assembly to the Court Reporter's Fund from the State Administration of Justice Fund as supplemented, if necessary, by any real property transfer tax revenues under § 26-60-112(b)(2) ; and

(B) Any remaining balances in the Court Reporter's Fund.

(c) (1) Notwithstanding the exemption provided by § 21-4-203 , the circuit judge of the circuit court served by a court reporter shall administer the attendance and leave policies for the court reporter in the manner prescribed for state employees by the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (2) The court reporter shall forward all approved requests for leave to the office on a regular and timely basis for payroll purposes. (3) The office shall prescribe the procedures for obtaining all relevant leave information, including without limitation the forms, method of transmittal, and format for obtaining the leave information.

(1) Notwithstanding the exemption provided by § 21-4-203 , the circuit judge of the circuit court served by a court reporter shall administer the attendance and leave policies for the court reporter in the manner prescribed for state employees by the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.

(2) The court reporter shall forward all approved requests for leave to the office on a regular and timely basis for payroll purposes.

(3) The office shall prescribe the procedures for obtaining all relevant leave information, including without limitation the forms, method of transmittal, and format for obtaining the leave information.

(d) (1) Rules for the regulation of the practice of court reporting in this state, including, but not limited to, certification, discipline, and provisions for the retention of court reporter records, shall be the responsibility of the Supreme Court. (2) Provided, however, that nothing in this subsection shall permit the Supreme Court to require that counties or county officials provide space for the storage of court reporter records.

(1) Rules for the regulation of the practice of court reporting in this state, including, but not limited to, certification, discipline, and provisions for the retention of court reporter records, shall be the responsibility of the Supreme Court.

(2) Provided, however, that nothing in this subsection shall permit the Supreme Court to require that counties or county officials provide space for the storage of court reporter records.

Amended by Act 2015, No. 268,§ 5, eff. 7/1/2015.

Acts 1981 (Ex. Sess.), No. 16, § 5; A.S.A. 1947, § 22-366.3; Acts 1995, No. 743, § 1; 2003, No. 1363, § 1.
Ark. Code Ann. § 16-94-217 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-217
Discharge of warrant
Status: in_force

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge the accused or may recommit the accused to a further day, or may again take bail for his or her appearance and surrender, as provided in § 16-94-216 ; and at the expiration of the second period of commitment, or if the accused has been bailed and appeared according to the terms of his or her bond or undertaking, the judge or magistrate may either discharge the prisoner, or may require the prisoner to enter into a new bond or undertaking, to appear and surrender himself or herself at another day. Acts 1935, No. 126, § 17; Pope's Dig., § 6097; A.S.A. 1947, § 43-3017.

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge the accused or may recommit the accused to a further day, or may again take bail for his or her appearance and surrender, as provided in § 16-94-216 ; and at the expiration of the second period of commitment, or if the accused has been bailed and appeared according to the terms of his or her bond or undertaking, the judge or magistrate may either discharge the prisoner, or may require the prisoner to enter into a new bond or undertaking, to appear and surrender himself or herself at another day.

Acts 1935, No. 126, § 17; Pope's Dig., § 6097; A.S.A. 1947, § 43-3017.
Ark. Code Ann. § 16-106-102 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-102
Actions against corporations
Status: in_force

(a) Any action required by law to be brought in the name of the state against any corporation, or to vacate or repeal any charter, may be brought in any county in the state before any court having jurisdiction of the action. (b) Service of process in any such action may be made in any county in the state upon any defendant to the action in like manner as is provided by law in other cases, and the defendant shall be required to appear and defend the action in the county where the action may be commenced. Acts 1875 (Adj. Sess.), No. 3, §§ 1, 2, p. 4; C. & M. Dig., §§ 1181, 1182; Pope's Dig., §§ 1403, 1404; A.S.A. 1947, §§ 34-202, 34-203.

(a) Any action required by law to be brought in the name of the state against any corporation, or to vacate or repeal any charter, may be brought in any county in the state before any court having jurisdiction of the action.

(b) Service of process in any such action may be made in any county in the state upon any defendant to the action in like manner as is provided by law in other cases, and the defendant shall be required to appear and defend the action in the county where the action may be commenced.

Acts 1875 (Adj. Sess.), No. 3, §§ 1, 2, p. 4; C. & M. Dig., §§ 1181, 1182; Pope's Dig., §§ 1403, 1404; A.S.A. 1947, §§ 34-202, 34-203.
Ark. Code Ann. § 16-64-114 — AR Code / Title 16 / Chapter 64 / Section 16-64-114
Jury instructions generally
Status: in_force

In the trial of all cases in courts of record wherein juries are employed, it shall be the duty of the presiding trial judge to deliver to the jury immediately prior to its retirement for deliberation a typewritten copy of the instructions which has been given to the jury orally, when counsel for all parties so request. This copy of instructions shall, at the time of the dismissal of the jury, be returned to the court by the foreman of the jury. Acts 1957, No. 128, § 1; A.S.A. 1947, § 27-1732.1.

In the trial of all cases in courts of record wherein juries are employed, it shall be the duty of the presiding trial judge to deliver to the jury immediately prior to its retirement for deliberation a typewritten copy of the instructions which has been given to the jury orally, when counsel for all parties so request. This copy of instructions shall, at the time of the dismissal of the jury, be returned to the court by the foreman of the jury.

Acts 1957, No. 128, § 1; A.S.A. 1947, § 27-1732.1.
Ark. Code Ann. § 16-117-208 — AR Code / Title 16 / Chapter 117 / Subchapter 2 / Section 16-117-208
Receiver to preserve mortgaged property
Status: in_force

In an action by a mortgagee for the foreclosure of his or her mortgage, and the sale of the mortgaged property, a receiver may be appointed where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortgage have not been performed and that the property is probably insufficient to discharge the mortgage debt. However, no receiver shall be appointed at the instance of the holder of the mortgage where it appears that the debtor or mortgagor has mortgaged his or her crops, or his or her interest therein, for the purpose of obtaining money or supplies for the making of the crop or waived his or her rents for that purpose, and that the mortgage debt or the consideration for the waiver of rents has not been repaid. Acts 1931, No. 253, § 1; Pope's Dig., §§ 9469, 11190, A.S.A. 1947, § 36-113.

In an action by a mortgagee for the foreclosure of his or her mortgage, and the sale of the mortgaged property, a receiver may be appointed where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortgage have not been performed and that the property is probably insufficient to discharge the mortgage debt. However, no receiver shall be appointed at the instance of the holder of the mortgage where it appears that the debtor or mortgagor has mortgaged his or her crops, or his or her interest therein, for the purpose of obtaining money or supplies for the making of the crop or waived his or her rents for that purpose, and that the mortgage debt or the consideration for the waiver of rents has not been repaid.

Acts 1931, No. 253, § 1; Pope's Dig., §§ 9469, 11190, A.S.A. 1947, § 36-113.
Ark. Code Ann. § 16-110-129 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-129
Discharge of garnishee
Status: in_force

(a) The garnishee may pay the money owing to the defendant by him or her to the county sheriff having in his or her hands the order of attachment or into the court. (b) He or she shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff's claim. (c) (1) He or she shall not be subjected to costs beyond those caused by his or her resistance of the claim against him or her. (2) If he or she discloses the property of the defendant in his or her hands or the true amount owing by him or her and delivers or pays the amount owing according to the order of the court, he or she shall be allowed his or her costs. Civil Code, § 244; C. & M. Dig., § 528; Pope's Dig., § 565; A.S.A. 1947, § 31-146.

(a) The garnishee may pay the money owing to the defendant by him or her to the county sheriff having in his or her hands the order of attachment or into the court.

(b) He or she shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff's claim.

(c) (1) He or she shall not be subjected to costs beyond those caused by his or her resistance of the claim against him or her. (2) If he or she discloses the property of the defendant in his or her hands or the true amount owing by him or her and delivers or pays the amount owing according to the order of the court, he or she shall be allowed his or her costs.

(1) He or she shall not be subjected to costs beyond those caused by his or her resistance of the claim against him or her.

(2) If he or she discloses the property of the defendant in his or her hands or the true amount owing by him or her and delivers or pays the amount owing according to the order of the court, he or she shall be allowed his or her costs.

Civil Code, § 244; C. & M. Dig., § 528; Pope's Dig., § 565; A.S.A. 1947, § 31-146.
Ark. Code Ann. § 16-17-137 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-137
Jurisdiction over certain criminal matters
Status: in_force

(a) If authorized by the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14, a state district court judge may preside over the following criminal matters: (1) A drug court program authorized under the Arkansas Drug Court Act, § 16-98-301 et seq.; (2) A probation supervision program; and (3) A parole or post-release supervision program. (b) The administrative judge of the judicial district may withdraw authorization under this section at any time. Amended by Act 2023, No. 659,§ 119, eff. 1/1/2024. Acts 2011, No. 1137, § 2.

(a) If authorized by the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14, a state district court judge may preside over the following criminal matters: (1) A drug court program authorized under the Arkansas Drug Court Act, § 16-98-301 et seq.; (2) A probation supervision program; and (3) A parole or post-release supervision program.

(1) A drug court program authorized under the Arkansas Drug Court Act, § 16-98-301 et seq.;

(2) A probation supervision program; and

(3) A parole or post-release supervision program.

(b) The administrative judge of the judicial district may withdraw authorization under this section at any time.

Amended by Act 2023, No. 659,§ 119, eff. 1/1/2024.

Acts 2011, No. 1137, § 2.
Ark. Code Ann. § 16-58-122 — AR Code / Title 16 / Chapter 58 / Section 16-58-122
Method of service - Owner or operator of motor buses or trucks
Status: in_force

(a) When the defendant is the owner or operator of any motor bus or buses, motor coach or coaches, or motor truck or trucks engaged in the business of carrying and transporting either passengers, freight, goods, wares, or merchandise over any of the highways of this state, the service of summons may be had upon an owner or operator by serving the summons upon: (1) Any clerk or agent of the owner or operator selling tickets or transacting any business for the owner or operator; or (2) Any driver or chauffeur of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator. (b) Service had upon the agent or agents of an owner or operator or had upon a chauffeur or driver of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator shall be deemed and considered as good and valid service upon the owner or operator whether the owner or operator is a person, firm, or corporation. (c) Nothing contained in this section shall be so construed as to repeal any provision of the law of this state as to venue or service of summons in effect on February 26, 1935, except where the law may be in direct conflict with the provisions of this section. It is the intention of this section to provide further and additional methods of obtaining service of summons as against the owners and operators of motor buses, coaches, and trucks, as set out in this section. Acts 1935, No. 70, §§ 1, 2; Pope's Dig., §§ 1377, 1378; A.S.A. 1947, §§ 27-343, 27-344.

(a) When the defendant is the owner or operator of any motor bus or buses, motor coach or coaches, or motor truck or trucks engaged in the business of carrying and transporting either passengers, freight, goods, wares, or merchandise over any of the highways of this state, the service of summons may be had upon an owner or operator by serving the summons upon: (1) Any clerk or agent of the owner or operator selling tickets or transacting any business for the owner or operator; or (2) Any driver or chauffeur of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator.

(1) Any clerk or agent of the owner or operator selling tickets or transacting any business for the owner or operator; or

(2) Any driver or chauffeur of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator.

(b) Service had upon the agent or agents of an owner or operator or had upon a chauffeur or driver of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator shall be deemed and considered as good and valid service upon the owner or operator whether the owner or operator is a person, firm, or corporation.

(c) Nothing contained in this section shall be so construed as to repeal any provision of the law of this state as to venue or service of summons in effect on February 26, 1935, except where the law may be in direct conflict with the provisions of this section. It is the intention of this section to provide further and additional methods of obtaining service of summons as against the owners and operators of motor buses, coaches, and trucks, as set out in this section.

Acts 1935, No. 70, §§ 1, 2; Pope's Dig., §§ 1377, 1378; A.S.A. 1947, §§ 27-343, 27-344.
Ark. Code Ann. § 16-110-101 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-101
Grounds generally for attachment
Status: in_force

The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered: (1) (A) In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one (1) of whom: (i) Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract; (ii) Has been absent therefrom four (4) months; (iii) Has departed from this state, with intent to defraud his or her creditors; (iv) Has left the county of his or her residence to avoid the service of a summons; (v) So conceals himself or herself that a summons cannot be served upon him or her; (vi) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors; (vii) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or (viii) Is about to sell, convey, or otherwise dispose of his or her property, with such intent. (B) The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in subdivision (1)(A) of this section; but the estate or interest of the defendants, only as are embraced therein, shall be subject to attachment; or (2) In an action to recover possession of personal property, where it has been ordered to be delivered to the plaintiff and where the property, or part thereof, has been disposed of, concealed, or removed, so that the order for its delivery cannot be executed by the officer. Civil Code, § 216; C. & M. Dig., § 494; Pope's Dig., § 531; A.S.A. 1947, § 31-101.

The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered:

(1) (A) In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one (1) of whom: (i) Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract; (ii) Has been absent therefrom four (4) months; (iii) Has departed from this state, with intent to defraud his or her creditors; (iv) Has left the county of his or her residence to avoid the service of a summons; (v) So conceals himself or herself that a summons cannot be served upon him or her; (vi) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors; (vii) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or (viii) Is about to sell, convey, or otherwise dispose of his or her property, with such intent. (B) The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in subdivision (1)(A) of this section; but the estate or interest of the defendants, only as are embraced therein, shall be subject to attachment; or

(A) In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one (1) of whom: (i) Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract; (ii) Has been absent therefrom four (4) months; (iii) Has departed from this state, with intent to defraud his or her creditors; (iv) Has left the county of his or her residence to avoid the service of a summons; (v) So conceals himself or herself that a summons cannot be served upon him or her; (vi) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors; (vii) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or (viii) Is about to sell, convey, or otherwise dispose of his or her property, with such intent.

(i) Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract;

(ii) Has been absent therefrom four (4) months;

(iii) Has departed from this state, with intent to defraud his or her creditors;

(iv) Has left the county of his or her residence to avoid the service of a summons;

(v) So conceals himself or herself that a summons cannot be served upon him or her;

(vi) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors;

(vii) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or

(viii) Is about to sell, convey, or otherwise dispose of his or her property, with such intent.

(B) The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in subdivision (1)(A) of this section; but the estate or interest of the defendants, only as are embraced therein, shall be subject to attachment; or

(2) In an action to recover possession of personal property, where it has been ordered to be delivered to the plaintiff and where the property, or part thereof, has been disposed of, concealed, or removed, so that the order for its delivery cannot be executed by the officer.

Civil Code, § 216; C. & M. Dig., § 494; Pope's Dig., § 531; A.S.A. 1947, § 31-101.
Ark. Code Ann. § 16-86-108 — AR Code / Title 16 / Chapter 86 / Section 16-86-108
Plea of insanity when period before trial short or insanity alleged after charge
Status: in_force

(a) Whenever a defendant shall be held for trial in circuit court and the defendant alleges that he or she has become insane after being legally charged, the defendant or some person for the defendant must notify the prosecutor and the court at the earliest practicable time. (b) (1) Failure to notify the prosecutor within a reasonable time before the trial date shall entitle the prosecutor to a continuance which for limitation purposes shall be deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending all further proceedings in the case, the court may order the immediate examination of the defendant by a qualified psychiatrist or a qualified psychologist. Acts 1971, No. 433, ch. 6, § 2; A.S.A. 1947, § 43-1305; Acts 2001, No. 1551, § 8.

(a) Whenever a defendant shall be held for trial in circuit court and the defendant alleges that he or she has become insane after being legally charged, the defendant or some person for the defendant must notify the prosecutor and the court at the earliest practicable time.

(b) (1) Failure to notify the prosecutor within a reasonable time before the trial date shall entitle the prosecutor to a continuance which for limitation purposes shall be deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending all further proceedings in the case, the court may order the immediate examination of the defendant by a qualified psychiatrist or a qualified psychologist.

(1) Failure to notify the prosecutor within a reasonable time before the trial date shall entitle the prosecutor to a continuance which for limitation purposes shall be deemed an excluded period granted on application of the defendant.

(2) Alternatively, in lieu of suspending all further proceedings in the case, the court may order the immediate examination of the defendant by a qualified psychiatrist or a qualified psychologist.

Acts 1971, No. 433, ch. 6, § 2; A.S.A. 1947, § 43-1305; Acts 2001, No. 1551, § 8.
Ark. Code Ann. § 16-90-105 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-105
Verdict of guilty
Status: in_force

(a) Upon the return of a verdict of guilty, if tried by a jury, or the finding of guilt if tried by the circuit court without a jury, sentence may be announced. (b) The judgment of the circuit court may be then and there entered for sentencing and the entry of the judgment may be postponed to a date certain then fixed by the circuit court not more than thirty (30) days thereafter, at which time probation reports may be submitted, matters of mitigation presented, or any other matter heard that the circuit court or the defendant might deem appropriate to consider before the pronouncement of sentence and entry of the formal judgment. (c) If the defendant is ordered to be held without bond or for any reason whatever, the defendant may file a written demand for immediate sentencing, whereupon the trial judge shall cause formal sentence and judgment to be made of record. (d) At the time sentence is announced and judgment entered, the trial judge must advise the defendant of his or her right to appeal and either fix or deny bond. (e) In its discretion, the trial judge may order: (1) The defendant released from custody on his or her own recognizance; (2) Another bond fixed; (3) The defendant to remain subject to the provisions of his or her bond if the defendant appeared at trial on bail bond; or (4) The defendant to the custody of the county sheriff to be held without bond. Acts 1971, No. 333, § 2; A.S.A. 1947, § 43-2301.

(a) Upon the return of a verdict of guilty, if tried by a jury, or the finding of guilt if tried by the circuit court without a jury, sentence may be announced.

(b) The judgment of the circuit court may be then and there entered for sentencing and the entry of the judgment may be postponed to a date certain then fixed by the circuit court not more than thirty (30) days thereafter, at which time probation reports may be submitted, matters of mitigation presented, or any other matter heard that the circuit court or the defendant might deem appropriate to consider before the pronouncement of sentence and entry of the formal judgment.

(c) If the defendant is ordered to be held without bond or for any reason whatever, the defendant may file a written demand for immediate sentencing, whereupon the trial judge shall cause formal sentence and judgment to be made of record.

(d) At the time sentence is announced and judgment entered, the trial judge must advise the defendant of his or her right to appeal and either fix or deny bond.

(e) In its discretion, the trial judge may order: (1) The defendant released from custody on his or her own recognizance; (2) Another bond fixed; (3) The defendant to remain subject to the provisions of his or her bond if the defendant appeared at trial on bail bond; or (4) The defendant to the custody of the county sheriff to be held without bond.

(1) The defendant released from custody on his or her own recognizance;

(2) Another bond fixed;

(3) The defendant to remain subject to the provisions of his or her bond if the defendant appeared at trial on bail bond; or

(4) The defendant to the custody of the county sheriff to be held without bond.

Acts 1971, No. 333, § 2; A.S.A. 1947, § 43-2301.
Ark. Code Ann. § 16-17-949 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-949
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

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

Acts 2007, No. 663, § 51.