Ark. Code Ann. § 16-13-1413 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1413
Court bailiffs
Status: in_force

(a) (1) (A) The circuit judges of the Sixth Judicial District may each appoint one (1) court bailiff. (B) If a circuit judge hears criminal cases, one (1) assistant court bailiff may also be appointed. (2) The chancery judges of the Sixth Judicial District may each appoint one (1) court bailiff. (3) The circuit-chancery judges of the Sixth Judicial District may each appoint one (1) court bailiff. (b) (1) The duties of the bailiffs shall include their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms, providing security for individuals involved in court proceedings, officers of the court, and judges, and other incidental and related duties at the direction of the judges. (2) The bailiffs shall exercise all the powers of a deputy sheriff, including the power to make arrests, carry a weapon, and serve summonses, and shall be certified law enforcement officers. (3) The circuit-chancery judges may appoint at least one (1) probation officer to serve as assistant bailiff. (c) The bailiffs and assistant bailiffs of each of the courts shall receive a salary as set by the Pulaski County Quorum Court. (d) (1) When the quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the above employees. (2) Those employees covered by this section shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes. Acts 1985, No. 336, §§ 14-16; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 2, 12-14; 1991, No. 601, §§ 1-3; 1992 (1st Ex. Sess.), No. 51, § 2; 1993, No. 572, § 1.

(a) (1) (A) The circuit judges of the Sixth Judicial District may each appoint one (1) court bailiff. (B) If a circuit judge hears criminal cases, one (1) assistant court bailiff may also be appointed. (2) The chancery judges of the Sixth Judicial District may each appoint one (1) court bailiff. (3) The circuit-chancery judges of the Sixth Judicial District may each appoint one (1) court bailiff.

(1) (A) The circuit judges of the Sixth Judicial District may each appoint one (1) court bailiff. (B) If a circuit judge hears criminal cases, one (1) assistant court bailiff may also be appointed.

(A) The circuit judges of the Sixth Judicial District may each appoint one (1) court bailiff.

(B) If a circuit judge hears criminal cases, one (1) assistant court bailiff may also be appointed.

(2) The chancery judges of the Sixth Judicial District may each appoint one (1) court bailiff.

(3) The circuit-chancery judges of the Sixth Judicial District may each appoint one (1) court bailiff.

(b) (1) The duties of the bailiffs shall include their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms, providing security for individuals involved in court proceedings, officers of the court, and judges, and other incidental and related duties at the direction of the judges. (2) The bailiffs shall exercise all the powers of a deputy sheriff, including the power to make arrests, carry a weapon, and serve summonses, and shall be certified law enforcement officers. (3) The circuit-chancery judges may appoint at least one (1) probation officer to serve as assistant bailiff.

(1) The duties of the bailiffs shall include their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms, providing security for individuals involved in court proceedings, officers of the court, and judges, and other incidental and related duties at the direction of the judges.

(2) The bailiffs shall exercise all the powers of a deputy sheriff, including the power to make arrests, carry a weapon, and serve summonses, and shall be certified law enforcement officers.

(3) The circuit-chancery judges may appoint at least one (1) probation officer to serve as assistant bailiff.

(c) The bailiffs and assistant bailiffs of each of the courts shall receive a salary as set by the Pulaski County Quorum Court.

(d) (1) When the quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the above employees. (2) Those employees covered by this section shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

(1) When the quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the above employees.

(2) Those employees covered by this section shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

Acts 1985, No. 336, §§ 14-16; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 2, 12-14; 1991, No. 601, §§ 1-3; 1992 (1st Ex. Sess.), No. 51, § 2; 1993, No. 572, § 1.
Ark. Code Ann. § 16-90-719 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-719
Property damage - Reparations - Intent
Status: in_force

(a) (1) Persons who have suffered damage to their primary residence and surrounding real property in an amount in excess of five hundred dollars ($500) as a result of a criminal act or who have had personal property stolen from their primary residence valued in excess of five hundred dollars ($500), and who do not have adequate available resources or any collateral source of reimbursement, such as insurance, to cover the costs of repairs to their property may file a claim with the Crime Victims Reparations Board in the manner and form as is presently required by the Crime Victims Reparations Board for crime victims. (2) The Crime Victims Reparations Board shall have the power to provide labor for repairs and cleanup supplied by eligible offenders serving community correction and probationers in accordance with rules promulgated by the Board of Corrections. (3) By this section, the Division of Community Correction is authorized and directed to promulgate necessary rules permitting the use of eligible inmates transferred to or sentenced directly to community correction and probationers to perform the repair and cleanup work contemplated by this section and consistent with guidelines established by the Crime Victims Reparations Board. (b) Inmates who have been convicted of violent crimes or residential burglary, even if transferred to or sentenced directly to community correction, and probationers who have been convicted of violent crimes, residential burglary, or theft of property shall be ineligible to participate in this program, and the rules governing this program shall reflect this prohibition. (c) (1) The Crime Victims Reparations Board and the Board of Corrections with the cooperation and assistance of the Division of Community Correction, working in conjunction with each other, shall promulgate the necessary rules to establish a program whereby eligible inmates released to or sentenced directly to community correction and probationers may perform labor on the primary residence and surrounding real property of victims whose primary residence has suffered damage as a result of a criminal act or whose personal property has been stolen from their primary residence, and whose owner does not have adequate available resources or any collateral source of reimbursement such as insurance to cover the costs of repairs or replacement. (2) The safety of the victim, the probationer, and the inmate is to be given first priority in promulgating the rules. (d) (1) Whenever a dollar amount of property damage or loss is referred to in subsections (a)-(c) of this section, the dollar amount shall refer to the fair market repair or replacement value. (2) Further, no award shall be made under the provisions of this section for a loss based on the dollar amount of an insurance deductible which is five hundred dollars ($500) or less. (e) It is the intent of this section to provide a method of reparations whereby victims whose primary residence is damaged or whose personal property is stolen from their primary residence as a result of criminal acts and who do not have adequate available resources or a collateral source of reimbursement such as insurance to cover the cost of repairs to their primary residence or replacement of the personal property may receive assistance in the form of inmate or probationer labor to make repairs to and clean up their primary residence and the surrounding real property. Amended by Act 2019, No. 315,§ 1305, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1304, eff. 7/24/2019. Acts 1995, No. 1269, §§ 1-3.

(a) (1) Persons who have suffered damage to their primary residence and surrounding real property in an amount in excess of five hundred dollars ($500) as a result of a criminal act or who have had personal property stolen from their primary residence valued in excess of five hundred dollars ($500), and who do not have adequate available resources or any collateral source of reimbursement, such as insurance, to cover the costs of repairs to their property may file a claim with the Crime Victims Reparations Board in the manner and form as is presently required by the Crime Victims Reparations Board for crime victims. (2) The Crime Victims Reparations Board shall have the power to provide labor for repairs and cleanup supplied by eligible offenders serving community correction and probationers in accordance with rules promulgated by the Board of Corrections. (3) By this section, the Division of Community Correction is authorized and directed to promulgate necessary rules permitting the use of eligible inmates transferred to or sentenced directly to community correction and probationers to perform the repair and cleanup work contemplated by this section and consistent with guidelines established by the Crime Victims Reparations Board.

(1) Persons who have suffered damage to their primary residence and surrounding real property in an amount in excess of five hundred dollars ($500) as a result of a criminal act or who have had personal property stolen from their primary residence valued in excess of five hundred dollars ($500), and who do not have adequate available resources or any collateral source of reimbursement, such as insurance, to cover the costs of repairs to their property may file a claim with the Crime Victims Reparations Board in the manner and form as is presently required by the Crime Victims Reparations Board for crime victims.

(2) The Crime Victims Reparations Board shall have the power to provide labor for repairs and cleanup supplied by eligible offenders serving community correction and probationers in accordance with rules promulgated by the Board of Corrections.

(3) By this section, the Division of Community Correction is authorized and directed to promulgate necessary rules permitting the use of eligible inmates transferred to or sentenced directly to community correction and probationers to perform the repair and cleanup work contemplated by this section and consistent with guidelines established by the Crime Victims Reparations Board.

(b) Inmates who have been convicted of violent crimes or residential burglary, even if transferred to or sentenced directly to community correction, and probationers who have been convicted of violent crimes, residential burglary, or theft of property shall be ineligible to participate in this program, and the rules governing this program shall reflect this prohibition.

(c) (1) The Crime Victims Reparations Board and the Board of Corrections with the cooperation and assistance of the Division of Community Correction, working in conjunction with each other, shall promulgate the necessary rules to establish a program whereby eligible inmates released to or sentenced directly to community correction and probationers may perform labor on the primary residence and surrounding real property of victims whose primary residence has suffered damage as a result of a criminal act or whose personal property has been stolen from their primary residence, and whose owner does not have adequate available resources or any collateral source of reimbursement such as insurance to cover the costs of repairs or replacement. (2) The safety of the victim, the probationer, and the inmate is to be given first priority in promulgating the rules.

(1) The Crime Victims Reparations Board and the Board of Corrections with the cooperation and assistance of the Division of Community Correction, working in conjunction with each other, shall promulgate the necessary rules to establish a program whereby eligible inmates released to or sentenced directly to community correction and probationers may perform labor on the primary residence and surrounding real property of victims whose primary residence has suffered damage as a result of a criminal act or whose personal property has been stolen from their primary residence, and whose owner does not have adequate available resources or any collateral source of reimbursement such as insurance to cover the costs of repairs or replacement.

(2) The safety of the victim, the probationer, and the inmate is to be given first priority in promulgating the rules.

(d) (1) Whenever a dollar amount of property damage or loss is referred to in subsections (a)-(c) of this section, the dollar amount shall refer to the fair market repair or replacement value. (2) Further, no award shall be made under the provisions of this section for a loss based on the dollar amount of an insurance deductible which is five hundred dollars ($500) or less.

(1) Whenever a dollar amount of property damage or loss is referred to in subsections (a)-(c) of this section, the dollar amount shall refer to the fair market repair or replacement value.

(2) Further, no award shall be made under the provisions of this section for a loss based on the dollar amount of an insurance deductible which is five hundred dollars ($500) or less.

(e) It is the intent of this section to provide a method of reparations whereby victims whose primary residence is damaged or whose personal property is stolen from their primary residence as a result of criminal acts and who do not have adequate available resources or a collateral source of reimbursement such as insurance to cover the cost of repairs to their primary residence or replacement of the personal property may receive assistance in the form of inmate or probationer labor to make repairs to and clean up their primary residence and the surrounding real property.

Amended by Act 2019, No. 315,§ 1305, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1304, eff. 7/24/2019.

Acts 1995, No. 1269, §§ 1-3.
Ark. Code Ann. § 16-85-302 — AR Code / Title 16 / Chapter 85 / Subchapter 3 / Section 16-85-302
Information
Status: in_force

Whenever a defendant has been held to answer at a preliminary examination to await the action of the grand jury or has been held for the circuit court, the prosecuting attorney may proceed to file information in the circuit court and to trial of the case, provided the prosecuting attorney, with the consent of the circuit court, may nolle prosequi any indictment or information pending in the court. Acts 1937, No. 160, § 6; Pope's Dig., § 3798; A.S.A. 1947, § 43-806.

Whenever a defendant has been held to answer at a preliminary examination to await the action of the grand jury or has been held for the circuit court, the prosecuting attorney may proceed to file information in the circuit court and to trial of the case, provided the prosecuting attorney, with the consent of the circuit court, may nolle prosequi any indictment or information pending in the court.

Acts 1937, No. 160, § 6; Pope's Dig., § 3798; A.S.A. 1947, § 43-806.
Ark. Code Ann. § 16-110-209 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-209
Removal of property from county
Status: in_force

Where, after an order of attachment against specific property has been placed in the hands of the county sheriff, the property is removed from the county, the county sheriff may pursue and attach it in another county within twenty-four (24) hours after the removal. Civil Code, § 272; C. & M. Dig., § 562; Pope's Dig., § 599; A.S.A. 1947, § 31-309.

Where, after an order of attachment against specific property has been placed in the hands of the county sheriff, the property is removed from the county, the county sheriff may pursue and attach it in another county within twenty-four (24) hours after the removal.

Civil Code, § 272; C. & M. Dig., § 562; Pope's Dig., § 599; A.S.A. 1947, § 31-309.
Ark. Code Ann. § 16-22-101 — AR Code / Title 16 / Chapter 22 / Subchapter 1 / Section 16-22-101
Lawyer referral services
Status: in_force

(a) It is unlawful for any person or organization to operate a lawyer referral service without prior approval of the Arkansas Supreme Court. "Lawyer referral service" means referring clients to attorneys and receiving compensation for the referral. (b) (1) Any court of competent jurisdiction may order any person or organization violating this section to cease and desist from operating a lawyer referral service. (2) Any person or entity failing to comply with the court order shall be deemed in contempt of court and subject to such punishment as prescribed by the court. Acts 1991, No. 55, §§ 1, 2.

(a) It is unlawful for any person or organization to operate a lawyer referral service without prior approval of the Arkansas Supreme Court. "Lawyer referral service" means referring clients to attorneys and receiving compensation for the referral.

(b) (1) Any court of competent jurisdiction may order any person or organization violating this section to cease and desist from operating a lawyer referral service. (2) Any person or entity failing to comply with the court order shall be deemed in contempt of court and subject to such punishment as prescribed by the court.

(1) Any court of competent jurisdiction may order any person or organization violating this section to cease and desist from operating a lawyer referral service.

(2) Any person or entity failing to comply with the court order shall be deemed in contempt of court and subject to such punishment as prescribed by the court.

Acts 1991, No. 55, §§ 1, 2.
Ark. Code Ann. § 16-64-119 — AR Code / Title 16 / Chapter 64 / Section 16-64-119
Verdict of jury - Polling jury
Status: in_force

(a) When the jury has agreed upon its verdict, they must be conducted into court, their names called by the clerk, and the verdict rendered by their foreman. (b) When the verdict is announced either party may require the jury to be polled, which is done by the clerk or court asking each juror if it is his or her verdict. If any one answers in the negative, the jury must again be sent out for further deliberation. (c) The verdict shall be written, signed by the foreman, and read by the court or clerk to the jury, and the inquiry made whether it is their verdict. (d) (1) If any juror disagrees, the jury must be sent out again. (2) If no disagreement is expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case. Civil Code, §§ 356, 357; C. & M. Dig., §§ 1299, 1300; Pope's Dig., §§ 1524, 1525; A.S.A. 1947, §§ 27-1737, 27-1738.

(a) When the jury has agreed upon its verdict, they must be conducted into court, their names called by the clerk, and the verdict rendered by their foreman.

(b) When the verdict is announced either party may require the jury to be polled, which is done by the clerk or court asking each juror if it is his or her verdict. If any one answers in the negative, the jury must again be sent out for further deliberation.

(c) The verdict shall be written, signed by the foreman, and read by the court or clerk to the jury, and the inquiry made whether it is their verdict.

(d) (1) If any juror disagrees, the jury must be sent out again. (2) If no disagreement is expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case.

(1) If any juror disagrees, the jury must be sent out again.

(2) If no disagreement is expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case.

Civil Code, §§ 356, 357; C. & M. Dig., §§ 1299, 1300; Pope's Dig., §§ 1524, 1525; A.S.A. 1947, §§ 27-1737, 27-1738.
Ark. Code Ann. § 16-19-703 — AR Code / Title 16 / Chapter 19 / Subchapter 7 / Section 16-19-703
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 36, 37, p. 430; C. & M. Dig., §§ 6444, 6445; Pope's Dig., §§ 8406, 8407; A.S.A. 1947, §§ 26-802, 26-803.

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

Acts 1873, No. 135, §§ 36, 37, p. 430; C. & M. Dig., §§ 6444, 6445; Pope's Dig., §§ 8406, 8407; A.S.A. 1947, §§ 26-802, 26-803.
Ark. Code Ann. § 16-61-102 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-102
Married persons
Status: in_force

(a) If a husband and wife are sued together, the wife may defend: (1) For her own right; and (2) If the husband neglects to defend, for his right also. (b) Where a husband, being a father, has deserted his family, the wife, being a mother, may prosecute or defend in his name any action which he might have prosecuted or defended and shall have the same powers and rights therein as he might have had. Civil Code, §§ 43, 44; C. & M. Dig., §§ 1108, 1109; Pope's Dig., §§ 1324, 1325; A.S.A. 1947, §§ 27-821, 27-822.

(a) If a husband and wife are sued together, the wife may defend: (1) For her own right; and (2) If the husband neglects to defend, for his right also.

(1) For her own right; and

(2) If the husband neglects to defend, for his right also.

(b) Where a husband, being a father, has deserted his family, the wife, being a mother, may prosecute or defend in his name any action which he might have prosecuted or defended and shall have the same powers and rights therein as he might have had.

Civil Code, §§ 43, 44; C. & M. Dig., §§ 1108, 1109; Pope's Dig., §§ 1324, 1325; A.S.A. 1947, §§ 27-821, 27-822.
Ark. Code Ann. § 16-111-106 — AR Code / Title 16 / Chapter 111 / Section 16-111-106
Discretionary
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Acts 1953, No. 274, § 5; A.S.A. 1947, § 34-2505.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

Acts 1953, No. 274, § 5; A.S.A. 1947, § 34-2505.
Ark. Code Ann. § 16-55-207 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-207
Burden of proof for award of punitive damages
Status: in_force

A plaintiff must satisfy the burden of proof required under § 16-55-206 by clear and convincing evidence in order to recover punitive damages from the defendant. Acts 2003, No. 649, § 10.

A plaintiff must satisfy the burden of proof required under § 16-55-206 by clear and convincing evidence in order to recover punitive damages from the defendant.

Acts 2003, No. 649, § 10.
Ark. Code Ann. § 16-13-331 — AR Code / Title 16 / Chapter 13 / Subchapter 3 / Section 16-13-331
State reimbursement
Status: in_force

(a) The Administrative Office of the Courts shall administer the state reimbursement to the counties for the juvenile officers' previous year's salaries. (b) In order for a county to receive the state reimbursement for juvenile officers, the county must submit the following documentation to the office, including without limitation: (1) Proof of each juvenile officer's certification and continuing education hours; (2) A copy of each juvenile officer's W-2 form for the salary year that is being reimbursed; and (3) A completed form concerning the employment status of the juvenile officer which shall be designed and distributed by the office. (c) If a county contracts with a service provider to provide juvenile services pursuant to § 16-13-330 , the county must submit documentation to the office, including without limitation: (1) A copy of the contract for the salary year that is being reimbursed; (2) A copy of each juvenile officer's certification and continuing education hours; (3) A copy of each juvenile officer's W-2 form for the salary year that is being reimbursed; and (4) A completed form concerning the employment status of each juvenile officer which shall be designed and distributed by the office. (d) (1) A county may determine that part-time service of a juvenile officer is sufficient to meet the needs of the county. (2) (A) Multiple counties in a judicial district may share the cost of the salary of the juvenile officer. (B) One (1) county may be designated as the county to be reimbursed by the state, or each county shall designate the portion of the salary that it pays for juvenile services. (3) (A) A county may contract with a service provider for full-time or part-time juvenile officer services, and the county shall indicate the percentage of the contractor's time that is spent providing juvenile officer services for the county. (B) The county or the contractor shall be reimbursed for one-half (½) of the portion of the salary that is used for such services, up to twenty thousand dollars ($20,000). (e) Nothing in this section removes the obligation of each circuit judge designated to hear juvenile cases in a district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, to have a minimum of one (1) intake officer, pursuant to § 16-13-328 , and one (1) probation officer, pursuant to § 16-13-327 . (f) Funds appropriated for county reimbursement as provided in this section and for which a county has not submitted reimbursement documentation by January 1 of each year as required under subsection (b) of this section may be distributed to a county based on the following factors: (1) The use of or inability of a county to use risk assessment and behavioral health screenings; (2) The financial need of the county; (3) The juvenile crime rate of the county; (4) The juvenile division of circuit court reduction in commitments and the need for community service in the county; and (5) The plan of the juvenile division of circuit court or the county for the use of funds for the provision of juvenile officer services. Amended by Act 2022, No. 206,§ 13, eff. 7/1/2022. Amended by Act 2021, No. 475,§ 12, eff. 7/28/2021. Amended by Act 2019, No. 941,§ 1, eff. 7/24/2019. Amended by Act 2016F, No. 87,§ 4, eff. 7/1/2016. Acts 1997, No. 321, § 1; 1999, No. 460, § 2; 2003, No. 1166, § 37.

(a) The Administrative Office of the Courts shall administer the state reimbursement to the counties for the juvenile officers' previous year's salaries.

(b) In order for a county to receive the state reimbursement for juvenile officers, the county must submit the following documentation to the office, including without limitation: (1) Proof of each juvenile officer's certification and continuing education hours; (2) A copy of each juvenile officer's W-2 form for the salary year that is being reimbursed; and (3) A completed form concerning the employment status of the juvenile officer which shall be designed and distributed by the office.

(1) Proof of each juvenile officer's certification and continuing education hours;

(2) A copy of each juvenile officer's W-2 form for the salary year that is being reimbursed; and

(3) A completed form concerning the employment status of the juvenile officer which shall be designed and distributed by the office.

(c) If a county contracts with a service provider to provide juvenile services pursuant to § 16-13-330 , the county must submit documentation to the office, including without limitation: (1) A copy of the contract for the salary year that is being reimbursed; (2) A copy of each juvenile officer's certification and continuing education hours; (3) A copy of each juvenile officer's W-2 form for the salary year that is being reimbursed; and (4) A completed form concerning the employment status of each juvenile officer which shall be designed and distributed by the office.

(1) A copy of the contract for the salary year that is being reimbursed;

(2) A copy of each juvenile officer's certification and continuing education hours;

(3) A copy of each juvenile officer's W-2 form for the salary year that is being reimbursed; and

(4) A completed form concerning the employment status of each juvenile officer which shall be designed and distributed by the office.

(d) (1) A county may determine that part-time service of a juvenile officer is sufficient to meet the needs of the county. (2) (A) Multiple counties in a judicial district may share the cost of the salary of the juvenile officer. (B) One (1) county may be designated as the county to be reimbursed by the state, or each county shall designate the portion of the salary that it pays for juvenile services. (3) (A) A county may contract with a service provider for full-time or part-time juvenile officer services, and the county shall indicate the percentage of the contractor's time that is spent providing juvenile officer services for the county. (B) The county or the contractor shall be reimbursed for one-half (½) of the portion of the salary that is used for such services, up to twenty thousand dollars ($20,000).

(1) A county may determine that part-time service of a juvenile officer is sufficient to meet the needs of the county.

(2) (A) Multiple counties in a judicial district may share the cost of the salary of the juvenile officer. (B) One (1) county may be designated as the county to be reimbursed by the state, or each county shall designate the portion of the salary that it pays for juvenile services.

(A) Multiple counties in a judicial district may share the cost of the salary of the juvenile officer.

(B) One (1) county may be designated as the county to be reimbursed by the state, or each county shall designate the portion of the salary that it pays for juvenile services.

(3) (A) A county may contract with a service provider for full-time or part-time juvenile officer services, and the county shall indicate the percentage of the contractor's time that is spent providing juvenile officer services for the county. (B) The county or the contractor shall be reimbursed for one-half (½) of the portion of the salary that is used for such services, up to twenty thousand dollars ($20,000).

(A) A county may contract with a service provider for full-time or part-time juvenile officer services, and the county shall indicate the percentage of the contractor's time that is spent providing juvenile officer services for the county.

(B) The county or the contractor shall be reimbursed for one-half (½) of the portion of the salary that is used for such services, up to twenty thousand dollars ($20,000).

(e) Nothing in this section removes the obligation of each circuit judge designated to hear juvenile cases in a district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, to have a minimum of one (1) intake officer, pursuant to § 16-13-328 , and one (1) probation officer, pursuant to § 16-13-327 .

(f) Funds appropriated for county reimbursement as provided in this section and for which a county has not submitted reimbursement documentation by January 1 of each year as required under subsection (b) of this section may be distributed to a county based on the following factors: (1) The use of or inability of a county to use risk assessment and behavioral health screenings; (2) The financial need of the county; (3) The juvenile crime rate of the county; (4) The juvenile division of circuit court reduction in commitments and the need for community service in the county; and (5) The plan of the juvenile division of circuit court or the county for the use of funds for the provision of juvenile officer services.

(1) The use of or inability of a county to use risk assessment and behavioral health screenings;

(2) The financial need of the county;

(3) The juvenile crime rate of the county;

(4) The juvenile division of circuit court reduction in commitments and the need for community service in the county; and

(5) The plan of the juvenile division of circuit court or the county for the use of funds for the provision of juvenile officer services.

Amended by Act 2022, No. 206,§ 13, eff. 7/1/2022.

Amended by Act 2021, No. 475,§ 12, eff. 7/28/2021.

Amended by Act 2019, No. 941,§ 1, eff. 7/24/2019.

Amended by Act 2016F, No. 87,§ 4, eff. 7/1/2016.

Acts 1997, No. 321, § 1; 1999, No. 460, § 2; 2003, No. 1166, § 37.
Ark. Code Ann. § 16-13-1202 — AR Code / Title 16 / Chapter 13 / Subchapter 12 / Section 16-13-1202
Terms of court
Status: in_force

The terms of court in each county in the Fourth Judicial District shall commence on the dates set forth below: (1) Washington County: On January 1, April 1, July 1, and October 1; and (2) Madison County: On the first Mondays in March and September. Acts 1887, No. 38, §§ 3, 6, p. 47; 1887, No. 62, § 2, p. 88; 1967, No. 304, §§ 1-3; 1973, No. 814, § 1; A.S.A. 1947, § 22-310.

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

(1) Washington County: On January 1, April 1, July 1, and October 1; and

(2) Madison County: On the first Mondays in March and September.

Acts 1887, No. 38, §§ 3, 6, p. 47; 1887, No. 62, § 2, p. 88; 1967, No. 304, §§ 1-3; 1973, No. 814, § 1; A.S.A. 1947, § 22-310.
Ark. Code Ann. § 16-13-1704 — AR Code / Title 16 / Chapter 13 / Subchapter 17 / Section 16-13-1704
Exchange of districts
Status: in_force

The judges of the Ninth Judicial District-East and the Ninth Judicial District-West may by agreement temporarily exchange districts or hold court for each other, as they deem necessary or appropriate. Acts 1977, No. 432, § 1; 1979, No. 834, § 1; A.S.A. 1947, § 22-365.

The judges of the Ninth Judicial District-East and the Ninth Judicial District-West may by agreement temporarily exchange districts or hold court for each other, as they deem necessary or appropriate.

Acts 1977, No. 432, § 1; 1979, No. 834, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-61-114 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-114
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 30, eff. 8/16/2013. Civil Code, § 38; Acts 1875 (Adj. Sess.), No. 32, § 1, p. 36; C. & M. Dig., §§ 1103, 1104; Pope's Dig., §§ 1319, 1320; A.S.A. 1947, §§ 27-817, 27-818.

Repealed by Act 2013, No. 1148,§ 30, eff. 8/16/2013.

Civil Code, § 38; Acts 1875 (Adj. Sess.), No. 32, § 1, p. 36; C. & M. Dig., §§ 1103, 1104; Pope's Dig., §§ 1319, 1320; A.S.A. 1947, §§ 27-817, 27-818.
Ark. Code Ann. § 16-110-304 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-304
Election of remedy
Status: in_force

(a) The plaintiff may make his or her election either to proceed against the owner or owners by their proper names or by the name and style of their partnership, if known, or against the boat or vessel by its name or description only. (b) The writ shall authorize and direct the seizure and detention of the boat or vessel and the boat or vessel's engine, machinery, sails, rigging, tackle, apparel, and furniture by the county sheriff or constable. Rev. Stat., ch. 14, § 4; C. & M. Dig., § 590; Pope's Dig., § 627; A.S.A. 1947, § 31-406.

(a) The plaintiff may make his or her election either to proceed against the owner or owners by their proper names or by the name and style of their partnership, if known, or against the boat or vessel by its name or description only.

(b) The writ shall authorize and direct the seizure and detention of the boat or vessel and the boat or vessel's engine, machinery, sails, rigging, tackle, apparel, and furniture by the county sheriff or constable.

Rev. Stat., ch. 14, § 4; C. & M. Dig., § 590; Pope's Dig., § 627; A.S.A. 1947, § 31-406.
Ark. Code Ann. § 16-93-710 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-710
Parole for inmates who have served their term of imprisonment in a county jail prior to being processed into the Division of Correction
Status: in_force

(a) (1) Subject to conditions set by the Post-Prison Transfer Board, an offender convicted of a felony and sentenced to a term of imprisonment of two (2) years or less in the Division of Correction, and who has served his or her term of imprisonment in a county jail prior to being processed into the Division of Correction, may be paroled from the Division of Correction county jail backup facility directly to the Division of Community Correction under parole supervision, and upon eligibility determination, processed for release by the board. (2) Transfer release proceedings or a preliminary review under this subchapter shall begin no later than six (6) months prior to a person's transfer eligibility date, and the board shall authorize jacket review procedures at all institutions holding parole-eligible inmates to prepare parole applications to comply with this time frame. (3) The jacket review will be conducted by staff either from the Division of Community Correction or the Division of Correction. (b) An offender who has been found guilty of or pleaded guilty or nolo contendere to a violent offense as defined by § 5-4-501(c)(2) or a Class Y felony offense shall be ineligible under this section. (c) As determined by the county sheriff, an offender who has committed violent or sexual acts while incarcerated in a county jail facility shall be ineligible to participate in the program established by this section. Amended by Act 2023, No. 659,§ 210, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 926, eff. 7/1/2019. Acts 2011, No. 570, § 104.

(a) (1) Subject to conditions set by the Post-Prison Transfer Board, an offender convicted of a felony and sentenced to a term of imprisonment of two (2) years or less in the Division of Correction, and who has served his or her term of imprisonment in a county jail prior to being processed into the Division of Correction, may be paroled from the Division of Correction county jail backup facility directly to the Division of Community Correction under parole supervision, and upon eligibility determination, processed for release by the board. (2) Transfer release proceedings or a preliminary review under this subchapter shall begin no later than six (6) months prior to a person's transfer eligibility date, and the board shall authorize jacket review procedures at all institutions holding parole-eligible inmates to prepare parole applications to comply with this time frame. (3) The jacket review will be conducted by staff either from the Division of Community Correction or the Division of Correction.

(1) Subject to conditions set by the Post-Prison Transfer Board, an offender convicted of a felony and sentenced to a term of imprisonment of two (2) years or less in the Division of Correction, and who has served his or her term of imprisonment in a county jail prior to being processed into the Division of Correction, may be paroled from the Division of Correction county jail backup facility directly to the Division of Community Correction under parole supervision, and upon eligibility determination, processed for release by the board.

(2) Transfer release proceedings or a preliminary review under this subchapter shall begin no later than six (6) months prior to a person's transfer eligibility date, and the board shall authorize jacket review procedures at all institutions holding parole-eligible inmates to prepare parole applications to comply with this time frame.

(3) The jacket review will be conducted by staff either from the Division of Community Correction or the Division of Correction.

(b) An offender who has been found guilty of or pleaded guilty or nolo contendere to a violent offense as defined by § 5-4-501(c)(2) or a Class Y felony offense shall be ineligible under this section.

(c) As determined by the county sheriff, an offender who has committed violent or sexual acts while incarcerated in a county jail facility shall be ineligible to participate in the program established by this section.

Amended by Act 2023, No. 659,§ 210, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 926, eff. 7/1/2019.

Acts 2011, No. 570, § 104.
Ark. Code Ann. § 16-96-403 — AR Code / Title 16 / Chapter 96 / Subchapter 4 / Section 16-96-403
Imposition by circuit court on appeal - Costs
Status: in_force

The fines, penalties, forfeitures, and costs imposed by a circuit court for offenses which are misdemeanors or violations under state law or local ordinance or for traffic offenses which are misdemeanors or violations under state law or local ordinance in cases appealed from a court of limited jurisdiction shall be collected and disbursed in the following manner: (1) If the appeal proceeds to a de novo bench trial or jury trial, the fines, penalties, forfeitures, and costs imposed by the circuit court shall be collected under § 16-13-709 and paid to the county treasurer; (2) (A) If the defendant pleads guilty or nolo contendere or the circuit court dismisses the appeal, including dismissals under Arkansas Rules of Criminal Procedure 36(h), the judgment of the court from which the appeal originated shall be affirmed. (B) (i) The circuit court clerk shall notify in writing, within thirty (30) days of the affirmance or dismissal, the court from which the appeal originated of the affirmance or dismissal and shall return any bond or other security which has been transmitted to the circuit court. (ii) Upon receipt of the notice of affirmance or dismissal and the bond or other security, the court from which the appeal originated shall collect and disburse the fines, penalties, forfeitures, and costs under §§ 14-44-108 , 14-45-106 , 16-10-209 , 16-10-308 , and 16-17-707 ; and (3) Nothing in this section shall affect the right of a court of limited jurisdiction to require the defendant to post a bond or other security to guarantee the appearance of the defendant before the circuit court nor the ability of these courts to collect any fine, penalty, forfeiture, or costs imposed in the absence of the bond or other security. Acts 1933, No. 148, § 1; Pope's Dig., § 11826; A.S.A. 1947, § 44-410; Acts 1995, No. 1252, § 1; 1997, No. 788, § 24; 1997, No. 1341, § 24; 1999, No. 1081, § 9; 2003, No. 1185, § 220; 2003, No. 1765, § 25; 2009, No. 633, § 17.

The fines, penalties, forfeitures, and costs imposed by a circuit court for offenses which are misdemeanors or violations under state law or local ordinance or for traffic offenses which are misdemeanors or violations under state law or local ordinance in cases appealed from a court of limited jurisdiction shall be collected and disbursed in the following manner:

(1) If the appeal proceeds to a de novo bench trial or jury trial, the fines, penalties, forfeitures, and costs imposed by the circuit court shall be collected under § 16-13-709 and paid to the county treasurer;

(2) (A) If the defendant pleads guilty or nolo contendere or the circuit court dismisses the appeal, including dismissals under Arkansas Rules of Criminal Procedure 36(h), the judgment of the court from which the appeal originated shall be affirmed. (B) (i) The circuit court clerk shall notify in writing, within thirty (30) days of the affirmance or dismissal, the court from which the appeal originated of the affirmance or dismissal and shall return any bond or other security which has been transmitted to the circuit court. (ii) Upon receipt of the notice of affirmance or dismissal and the bond or other security, the court from which the appeal originated shall collect and disburse the fines, penalties, forfeitures, and costs under §§ 14-44-108 , 14-45-106 , 16-10-209 , 16-10-308 , and 16-17-707 ; and

(A) If the defendant pleads guilty or nolo contendere or the circuit court dismisses the appeal, including dismissals under Arkansas Rules of Criminal Procedure 36(h), the judgment of the court from which the appeal originated shall be affirmed.

(B) (i) The circuit court clerk shall notify in writing, within thirty (30) days of the affirmance or dismissal, the court from which the appeal originated of the affirmance or dismissal and shall return any bond or other security which has been transmitted to the circuit court. (ii) Upon receipt of the notice of affirmance or dismissal and the bond or other security, the court from which the appeal originated shall collect and disburse the fines, penalties, forfeitures, and costs under §§ 14-44-108 , 14-45-106 , 16-10-209 , 16-10-308 , and 16-17-707 ; and

(i) The circuit court clerk shall notify in writing, within thirty (30) days of the affirmance or dismissal, the court from which the appeal originated of the affirmance or dismissal and shall return any bond or other security which has been transmitted to the circuit court.

(ii) Upon receipt of the notice of affirmance or dismissal and the bond or other security, the court from which the appeal originated shall collect and disburse the fines, penalties, forfeitures, and costs under §§ 14-44-108 , 14-45-106 , 16-10-209 , 16-10-308 , and 16-17-707 ; and

(3) Nothing in this section shall affect the right of a court of limited jurisdiction to require the defendant to post a bond or other security to guarantee the appearance of the defendant before the circuit court nor the ability of these courts to collect any fine, penalty, forfeiture, or costs imposed in the absence of the bond or other security.

Acts 1933, No. 148, § 1; Pope's Dig., § 11826; A.S.A. 1947, § 44-410; Acts 1995, No. 1252, § 1; 1997, No. 788, § 24; 1997, No. 1341, § 24; 1999, No. 1081, § 9; 2003, No. 1185, § 220; 2003, No. 1765, § 25; 2009, No. 633, § 17.
Ark. Code Ann. § 16-115-105 — AR Code / Title 16 / Chapter 115 / Section 16-115-105
Notice of hearing
Status: in_force

(a) Notice of hearing upon any petition for a writ of mandamus or writ of prohibition shall be served in writing upon the officer or persons against whom the relief is sought, for such time and in such manner as may be prescribed by the court having jurisdiction. (b) The notice shall state the style of the court, the docket number of the action or proceeding, the date and place of hearing, and the relief sought. (c) The sufficiency of the notice shall be a question for the court. Acts 1939, No. 54, § 5; A.S.A. 1947, § 33-105.

(a) Notice of hearing upon any petition for a writ of mandamus or writ of prohibition shall be served in writing upon the officer or persons against whom the relief is sought, for such time and in such manner as may be prescribed by the court having jurisdiction.

(b) The notice shall state the style of the court, the docket number of the action or proceeding, the date and place of hearing, and the relief sought.

(c) The sufficiency of the notice shall be a question for the court.

Acts 1939, No. 54, § 5; A.S.A. 1947, § 33-105.
Ark. Code Ann. § 16-93-1905 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1905
Length of post-release supervision
Status: in_force

(a) (1) For a person under sentence for a term of imprisonment for which he or she is eligible for transfer to post-release supervision upon accrual and award of earned release credits, the inmate is subject to post-release supervision for the remainder of the term of imprisonment assessed by the sentencing court. (2) For a person under sentence for a term of imprisonment for which he or she is not eligible to accrue or be awarded earned release credits, the inmate is subject to a term of post-release supervision as assessed by the sentencing judge under § 5-4-104(c) . (3) The term of supervised release, when aggregated with the term of imprisonment imposed by the sentencing court, shall not exceed the statutory maximum for the offense. (b) If the sentencing court sentenced a person to a term of suspended imposition of sentence to follow his or her term of imprisonment at the Division of Correction, the period of post-release supervision runs concurrently with the term of suspended imposition of sentence. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) For a person under sentence for a term of imprisonment for which he or she is eligible for transfer to post-release supervision upon accrual and award of earned release credits, the inmate is subject to post-release supervision for the remainder of the term of imprisonment assessed by the sentencing court. (2) For a person under sentence for a term of imprisonment for which he or she is not eligible to accrue or be awarded earned release credits, the inmate is subject to a term of post-release supervision as assessed by the sentencing judge under § 5-4-104(c) . (3) The term of supervised release, when aggregated with the term of imprisonment imposed by the sentencing court, shall not exceed the statutory maximum for the offense.

(1) For a person under sentence for a term of imprisonment for which he or she is eligible for transfer to post-release supervision upon accrual and award of earned release credits, the inmate is subject to post-release supervision for the remainder of the term of imprisonment assessed by the sentencing court.

(2) For a person under sentence for a term of imprisonment for which he or she is not eligible to accrue or be awarded earned release credits, the inmate is subject to a term of post-release supervision as assessed by the sentencing judge under § 5-4-104(c) .

(3) The term of supervised release, when aggregated with the term of imprisonment imposed by the sentencing court, shall not exceed the statutory maximum for the offense.

(b) If the sentencing court sentenced a person to a term of suspended imposition of sentence to follow his or her term of imprisonment at the Division of Correction, the period of post-release supervision runs concurrently with the term of suspended imposition of sentence.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-119-105 — AR Code / Title 16 / Chapter 119 / Section 16-119-105
Restoration of records in pending cases
Status: in_force

(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in any such matters or proceedings may file a petition in the office of the clerk of the court in which the matter or proceeding is pending, addressed to the court, setting forth the nature and substance of the matter or proceedings, or of the original papers filed and lost, destroyed, or burned, and praying that the original papers may be reinstated upon the record. (b) Thereupon, if the court is satisfied and advised of the truth of the allegation in the petition, it shall order, adjudge, or decree that the original papers, pursuant to the allegation of the petitioner, be filed and reinstated upon the records of the court, to have the same force and effect and to relate back and take effect from the time when the original was filed or the original matter or proceedings were had. (c) No such order, judgment, or decree shall be made by any of the courts unless the applicant shall have given to the other party or parties interested or concerned in the matters or proceedings due notice of the intended application, according to the provisions regarding notice in § 16-119-104 . Acts 1855, § 2, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10940, 10942; A.S.A. 1947, §§ 16-404, 16-411, 16-412; Acts 2003, No. 1185, § 246.

(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in any such matters or proceedings may file a petition in the office of the clerk of the court in which the matter or proceeding is pending, addressed to the court, setting forth the nature and substance of the matter or proceedings, or of the original papers filed and lost, destroyed, or burned, and praying that the original papers may be reinstated upon the record.

(b) Thereupon, if the court is satisfied and advised of the truth of the allegation in the petition, it shall order, adjudge, or decree that the original papers, pursuant to the allegation of the petitioner, be filed and reinstated upon the records of the court, to have the same force and effect and to relate back and take effect from the time when the original was filed or the original matter or proceedings were had.

(c) No such order, judgment, or decree shall be made by any of the courts unless the applicant shall have given to the other party or parties interested or concerned in the matters or proceedings due notice of the intended application, according to the provisions regarding notice in § 16-119-104 .

Acts 1855, § 2, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10940, 10942; A.S.A. 1947, §§ 16-404, 16-411, 16-412; Acts 2003, No. 1185, § 246.
Ark. Code Ann. § 16-10-1108 — AR Code / Title 16 / Chapter 10 / Subchapter 11 / Section 16-10-1108
Compensation of interpreter
Status: in_force

(a) Except as provided in subsection (b) of this section, the payment of the cost of providing an interpreter appointed under this subchapter shall be the responsibility of the local government responsible for funding the court that has jurisdiction over the court proceeding. (b) If an interpreter from the registry maintained by the Administrative Office of the Courts is appointed by a court, the court may certify upon prescribed forms upon the conclusion of the interpreter's services those services to the office for payment from funds specifically appropriated for this purpose at the rate set by the office. (c) A person with limited English proficiency who is a party to or witness in a court proceeding shall not be denied the services of an interpreter because he or she is unable to pay for the services. (d) A defendant in a criminal proceeding shall not be required to pay a fee for the services of a court-appointed interpreter. (e) If costs are assessed or collected by the court under the Arkansas Rules of Civil Procedure, the disposition of the costs shall be at the discretion of the court, and the court may order reimbursement to the local government responsible for funding the court or the office for its responsibilities under this subchapter. Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.

(a) Except as provided in subsection (b) of this section, the payment of the cost of providing an interpreter appointed under this subchapter shall be the responsibility of the local government responsible for funding the court that has jurisdiction over the court proceeding.

(b) If an interpreter from the registry maintained by the Administrative Office of the Courts is appointed by a court, the court may certify upon prescribed forms upon the conclusion of the interpreter's services those services to the office for payment from funds specifically appropriated for this purpose at the rate set by the office.

(c) A person with limited English proficiency who is a party to or witness in a court proceeding shall not be denied the services of an interpreter because he or she is unable to pay for the services.

(d) A defendant in a criminal proceeding shall not be required to pay a fee for the services of a court-appointed interpreter.

(e) If costs are assessed or collected by the court under the Arkansas Rules of Civil Procedure, the disposition of the costs shall be at the discretion of the court, and the court may order reimbursement to the local government responsible for funding the court or the office for its responsibilities under this subchapter.

Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-110-411 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-411
Effect of judgment against garnishee
Status: in_force

In all cases where judgment shall be rendered against any garnishee on an answer to interrogatories filed, the judgment shall have the effect to release the garnishee from all responsibility in relation to the goods and chattels, moneys, credits, and effects for which the judgment may have been rendered. Acts 1889, No. 115, § 8, p. 168; C. & M. Dig., § 4915; Pope's Dig., § 6128; A.S.A. 1947, § 31-511.

In all cases where judgment shall be rendered against any garnishee on an answer to interrogatories filed, the judgment shall have the effect to release the garnishee from all responsibility in relation to the goods and chattels, moneys, credits, and effects for which the judgment may have been rendered.

Acts 1889, No. 115, § 8, p. 168; C. & M. Dig., § 4915; Pope's Dig., § 6128; A.S.A. 1947, § 31-511.
Ark. Code Ann. § 16-20-407 — AR Code / Title 16 / Chapter 20 / Subchapter 4 / Section 16-20-407
Additional marriage license fee
Status: in_force

(a) Each county clerk in this state shall charge an additional fee of thirteen dollars ($13.00) for each marriage license issued. (b) (1) The clerk shall deposit two dollars ($2.00) of the moneys collected under this section into the county treasury to the credit of the county clerk's cost fund as special revenue as provided under § 21-6-413(e)(2) and shall be appropriated and expended exclusively for the operation of the office of county clerk. (2) The clerk shall transmit eleven dollars ($11.00) of the moneys collected under this section to the Treasurer of State who shall deposit it in the Domestic Peace Fund as special revenue. Acts 2003, No. 1029, § 1; 2007, No. 745, § 1.

(a) Each county clerk in this state shall charge an additional fee of thirteen dollars ($13.00) for each marriage license issued.

(b) (1) The clerk shall deposit two dollars ($2.00) of the moneys collected under this section into the county treasury to the credit of the county clerk's cost fund as special revenue as provided under § 21-6-413(e)(2) and shall be appropriated and expended exclusively for the operation of the office of county clerk. (2) The clerk shall transmit eleven dollars ($11.00) of the moneys collected under this section to the Treasurer of State who shall deposit it in the Domestic Peace Fund as special revenue.

(1) The clerk shall deposit two dollars ($2.00) of the moneys collected under this section into the county treasury to the credit of the county clerk's cost fund as special revenue as provided under § 21-6-413(e)(2) and shall be appropriated and expended exclusively for the operation of the office of county clerk.

(2) The clerk shall transmit eleven dollars ($11.00) of the moneys collected under this section to the Treasurer of State who shall deposit it in the Domestic Peace Fund as special revenue.

Acts 2003, No. 1029, § 1; 2007, No. 745, § 1.
Ark. Code Ann. § 16-65-505 — AR Code / Title 16 / Chapter 65 / Subchapter 5 / Section 16-65-505
Executions issued against defendant and deceased defendants' representatives
Status: in_force

Executions may be issued against the surviving defendant and the representatives of the deceased defendants or such of them as are jointly made parties. Rev. Stat., ch. 84, § 17; C. & M. Dig., § 6314; Pope's Dig., § 8269; A.S.A. 1947, § 29-614.

Executions may be issued against the surviving defendant and the representatives of the deceased defendants or such of them as are jointly made parties.

Rev. Stat., ch. 84, § 17; C. & M. Dig., § 6314; Pope's Dig., § 8269; A.S.A. 1947, § 29-614.
Ark. Code Ann. § 16-19-1008 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1008
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 81, 82, 84, p. 430; C. & M. Dig., §§ 6492, 6493; Pope's Dig., §§ 8454, 8455; A.S.A. 1947, §§ 26-1112, 26-1113, 26-1120.

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

Acts 1873, No. 135, §§ 81, 82, 84, p. 430; C. & M. Dig., §§ 6492, 6493; Pope's Dig., §§ 8454, 8455; A.S.A. 1947, §§ 26-1112, 26-1113, 26-1120.
Ark. Code Ann. § 16-123-332 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-332
Administrative penalties
Status: in_force

(a) If the Arkansas Fair Housing Commission determines at a hearing under § 16-123-331 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, and court costs. (b) To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed: (1) Eleven thousand dollars ($11,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice; (2) Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and (3) Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000) if the respondent has been adjudged by order of the commission or a court to have committed three (3) or more discriminatory housing practices during the five-year period ending on the date of the filing of the charge. (c) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subdivisions (b)(2) and (3) of this section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred. (d) In addition to all other penalties set forth in this subchapter, the commission may require the respondent to complete up to thirty (30) classroom hours of fair housing education courses designated by the commission or up to thirty (30) hours of community service designated by the commission, or both. Acts 2001, No. 1785, § 33; 2003, No. 1775, § 7.

(a) If the Arkansas Fair Housing Commission determines at a hearing under § 16-123-331 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, and court costs.

(b) To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed: (1) Eleven thousand dollars ($11,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice; (2) Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and (3) Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000) if the respondent has been adjudged by order of the commission or a court to have committed three (3) or more discriminatory housing practices during the five-year period ending on the date of the filing of the charge.

(1) Eleven thousand dollars ($11,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice;

(2) Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and

(3) Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000) if the respondent has been adjudged by order of the commission or a court to have committed three (3) or more discriminatory housing practices during the five-year period ending on the date of the filing of the charge.

(c) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subdivisions (b)(2) and (3) of this section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

(d) In addition to all other penalties set forth in this subchapter, the commission may require the respondent to complete up to thirty (30) classroom hours of fair housing education courses designated by the commission or up to thirty (30) hours of community service designated by the commission, or both.

Acts 2001, No. 1785, § 33; 2003, No. 1775, § 7.
Ark. Code Ann. § 16-59-104 — AR Code / Title 16 / Chapter 59 / Section 16-59-104
Index of notices
Status: in_force

The recorder of deeds shall immediately upon the filing of the notice of the pendency of the action enter in an index to be kept in his or her office such reference to these notices as will enable all persons interested to search his or her office to obtain a description of the property to be affected thereby and the names of the parties to the suit. Acts 1903, No. 65, § 3, p. 118; C. & M. Dig., § 6981; Pope's Dig., § 8961; A.S.A. 1947, § 27-503.

The recorder of deeds shall immediately upon the filing of the notice of the pendency of the action enter in an index to be kept in his or her office such reference to these notices as will enable all persons interested to search his or her office to obtain a description of the property to be affected thereby and the names of the parties to the suit.

Acts 1903, No. 65, § 3, p. 118; C. & M. Dig., § 6981; Pope's Dig., § 8961; A.S.A. 1947, § 27-503.
Ark. Code Ann. § 16-123-316 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-316
Brokerage services
Status: in_force

A person shall not deny persons access to or membership or participation in a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, disability, familial status, or national origin. Acts 2001, No. 1785, § 17.

A person shall not deny persons access to or membership or participation in a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, disability, familial status, or national origin.

Acts 2001, No. 1785, § 17.
Ark. Code Ann. § 16-110-306 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-306
Filing complaint on return of attachment
Status: in_force

Upon the return of the attachment, the plaintiff shall file a written declaration or statement against the boat or vessel by its name or description or against the owner or owners, as the case may be. The declaration or statement shall briefly recite the nature of the demand, whether for work and labor done or for materials, firewood, or provisions furnished, and whether at the request of the owner, master, supercargo, or consignee of the boat or vessel, and that the demand remains unpaid. The plaintiff shall annex to the declaration or statement a bill of the particulars constituting the demand, in separate and distinct items. Rev. Stat., ch. 14, § 6; C. & M. Dig., § 592; Pope's Dig., § 629; A.S.A. 1947, § 31-408.

Upon the return of the attachment, the plaintiff shall file a written declaration or statement against the boat or vessel by its name or description or against the owner or owners, as the case may be. The declaration or statement shall briefly recite the nature of the demand, whether for work and labor done or for materials, firewood, or provisions furnished, and whether at the request of the owner, master, supercargo, or consignee of the boat or vessel, and that the demand remains unpaid. The plaintiff shall annex to the declaration or statement a bill of the particulars constituting the demand, in separate and distinct items.

Rev. Stat., ch. 14, § 6; C. & M. Dig., § 592; Pope's Dig., § 629; A.S.A. 1947, § 31-408.
Ark. Code Ann. § 16-17-927 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-927
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2005, No. 72, § 5.

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

Acts 2005, No. 72, § 5.
Ark. Code Ann. § 16-67-202 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-202
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Acts 1883, No. 27, § 2, p. 48; C. & M. Dig., § 2288; Pope's Dig., § 2914; A.S.A. 1947, § 27-2002.

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013.

Acts 1883, No. 27, § 2, p. 48; C. & M. Dig., § 2288; Pope's Dig., § 2914; A.S.A. 1947, § 27-2002.
Ark. Code Ann. § 16-56-103 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-103
Actions not affected by Rev. Stat., Ch. 91
Status: in_force

(a) The provisions of this act shall not extend to any action which is or shall be otherwise limited by any statute, but the action shall be brought within the time limited by the statute. (b) None of the provisions of this act shall apply to suits brought to enforce payment on bills, notes, or evidences of debt issued by any bank or moneyed corporation. Rev. Stat., ch. 91, §§ 18, 28; C. & M. Dig., §§ 6967, 6976; Pope's Dig., §§ 8945, 8954; A.S.A. 1947, §§ 37-214, 37-232.

(a) The provisions of this act shall not extend to any action which is or shall be otherwise limited by any statute, but the action shall be brought within the time limited by the statute.

(b) None of the provisions of this act shall apply to suits brought to enforce payment on bills, notes, or evidences of debt issued by any bank or moneyed corporation.

Rev. Stat., ch. 91, §§ 18, 28; C. & M. Dig., §§ 6967, 6976; Pope's Dig., §§ 8945, 8954; A.S.A. 1947, §§ 37-214, 37-232.
Ark. Code Ann. § 16-90-1303 — AR Code / Title 16 / Chapter 90 / Subchapter 13 / Section 16-90-1303
Procedure
Status: in_force

(a) If a person is incarcerated for an eligible felony, whether by an immediate commitment or after his or her probation is revoked, and after he or she is moved to community supervision through parole or transfer by the Post-Prison Transfer Board, or if he or she is placed on probation, he or she is immediately eligible to begin earning daily credits that shall count toward reducing the number of days he or she is otherwise required to serve until he or she has completed the sentence. (b) (1) Credits equal to thirty (30) days per month for every month that the offender complies with court-ordered conditions and a set of predetermined criteria established by the Division of Community Correction in consultation with judges, prosecuting attorneys, and defense counsel shall accrue while the person is on community supervision, including without limitation parole, post-release supervision, or probation. (2) The division shall calculate the number of days the person has remaining to serve on parole, post-release supervision, or probation before that person completes his or her sentence. (3) The number of days shall be recalculated on a monthly basis to reflect the application of any credits earned under this subchapter. (c) (1) (A) The division shall have sole discretion to forfeit any credits a person earns under this subchapter unless otherwise provided for in this section. (B) The award or forfeiture of any credits earned under this subchapter is not subject to appeal or judicial review. (2) A person convicted of another felony offense while on parole, post-release supervision, or probation may result in the forfeiture of any credits earned under this subchapter. Amended by Act 2023, No. 659,§ 139, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 138, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 137, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 136, eff. 1/1/2024. Acts 2011, No. 570, § 82.

(a) If a person is incarcerated for an eligible felony, whether by an immediate commitment or after his or her probation is revoked, and after he or she is moved to community supervision through parole or transfer by the Post-Prison Transfer Board, or if he or she is placed on probation, he or she is immediately eligible to begin earning daily credits that shall count toward reducing the number of days he or she is otherwise required to serve until he or she has completed the sentence.

(b) (1) Credits equal to thirty (30) days per month for every month that the offender complies with court-ordered conditions and a set of predetermined criteria established by the Division of Community Correction in consultation with judges, prosecuting attorneys, and defense counsel shall accrue while the person is on community supervision, including without limitation parole, post-release supervision, or probation. (2) The division shall calculate the number of days the person has remaining to serve on parole, post-release supervision, or probation before that person completes his or her sentence. (3) The number of days shall be recalculated on a monthly basis to reflect the application of any credits earned under this subchapter.

(1) Credits equal to thirty (30) days per month for every month that the offender complies with court-ordered conditions and a set of predetermined criteria established by the Division of Community Correction in consultation with judges, prosecuting attorneys, and defense counsel shall accrue while the person is on community supervision, including without limitation parole, post-release supervision, or probation.

(2) The division shall calculate the number of days the person has remaining to serve on parole, post-release supervision, or probation before that person completes his or her sentence.

(3) The number of days shall be recalculated on a monthly basis to reflect the application of any credits earned under this subchapter.

(c) (1) (A) The division shall have sole discretion to forfeit any credits a person earns under this subchapter unless otherwise provided for in this section. (B) The award or forfeiture of any credits earned under this subchapter is not subject to appeal or judicial review. (2) A person convicted of another felony offense while on parole, post-release supervision, or probation may result in the forfeiture of any credits earned under this subchapter.

(1) (A) The division shall have sole discretion to forfeit any credits a person earns under this subchapter unless otherwise provided for in this section. (B) The award or forfeiture of any credits earned under this subchapter is not subject to appeal or judicial review.

(A) The division shall have sole discretion to forfeit any credits a person earns under this subchapter unless otherwise provided for in this section.

(B) The award or forfeiture of any credits earned under this subchapter is not subject to appeal or judicial review.

(2) A person convicted of another felony offense while on parole, post-release supervision, or probation may result in the forfeiture of any credits earned under this subchapter.

Amended by Act 2023, No. 659,§ 139, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 138, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 137, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 136, eff. 1/1/2024.

Acts 2011, No. 570, § 82.
Ark. Code Ann. § 16-15-112 — AR Code / Title 16 / Chapter 15 / Section 16-15-112
Sheriff's attendance at court sessions
Status: in_force

It shall be the duty of the sheriff to attend each regular or special session of the county court for his or her county, either in person or by deputy, and to execute all orders and precepts made by the court. For his or her attendance, the sheriff shall be entitled to receive such fees as are allowed by law to sheriffs for executing the orders and precepts made by the county courts. Acts 1873, No. 31, § 6, p. 53; C. & M. Dig., § 2272; Pope's Dig., § 2899; A.S.A. 1947, § 22-614.

It shall be the duty of the sheriff to attend each regular or special session of the county court for his or her county, either in person or by deputy, and to execute all orders and precepts made by the court. For his or her attendance, the sheriff shall be entitled to receive such fees as are allowed by law to sheriffs for executing the orders and precepts made by the county courts.

Acts 1873, No. 31, § 6, p. 53; C. & M. Dig., § 2272; Pope's Dig., § 2899; A.S.A. 1947, § 22-614.
Ark. Code Ann. § 16-90-1419 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1419
Filing fee
Status: in_force

The circuit clerk or district court clerk shall not collect a fee for filing the uniform petition under this subchapter. Amended by Act 2019, No. 680,§ 3, eff. 7/24/2019. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

The circuit clerk or district court clerk shall not collect a fee for filing the uniform petition under this subchapter.

Amended by Act 2019, No. 680,§ 3, eff. 7/24/2019.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-123-334 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-334
Licensed or regulated businesses
Status: in_force

If the Arkansas Fair Housing Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a government agency, the commission, not later than thirty (30) days after the issuance of the order, shall send copies of the findings of fact, conclusions of law, and the order to the governmental agency. Acts 2001, No. 1785, § 35.

If the Arkansas Fair Housing Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a government agency, the commission, not later than thirty (30) days after the issuance of the order, shall send copies of the findings of fact, conclusions of law, and the order to the governmental agency.

Acts 2001, No. 1785, § 35.
Ark. Code Ann. § 16-110-135 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-135
Repossession of property by county sheriff
Status: in_force

(a) The court may order the county sheriff to repossess himself or herself, for the purpose of selling it, any of the attached property which may have passed out of his or her hands, without having been sold or converted into money. (b) The county sheriff shall, under the order, have the same power to take the property as upon an order of the attachment. Civil Code, § 256; C. & M. Dig., § 541; Pope's Dig., § 578; A.S.A. 1947, § 31-156.

(a) The court may order the county sheriff to repossess himself or herself, for the purpose of selling it, any of the attached property which may have passed out of his or her hands, without having been sold or converted into money.

(b) The county sheriff shall, under the order, have the same power to take the property as upon an order of the attachment.

Civil Code, § 256; C. & M. Dig., § 541; Pope's Dig., § 578; A.S.A. 1947, § 31-156.
Ark. Code Ann. § 16-17-211 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-211
District court clerks generally
Status: in_force

(a) (1) The judge of any district court may appoint a clerk for the court, who shall be designated and known as the district court clerk. (2) The district court clerk employed by a city or county is governed by the employee handbook and policies of the city or county. (3) If a district court clerk is employed by more than one (1) city or county, then the employing cities or counties, or both, shall determine by written agreement the apportionment of expenses and the applicable employee handbook and policies. (4) The district court judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county, or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct. (b) (1) The city council of the city in which the court is located shall fix the salary of the district court clerk at a reasonable sum, the salary to be computed on an annual basis. (2) However, where the county in which the court is located is to pay any portion of the clerk's salary, the salary must also be approved by the quorum court of that county. Further, if the expenses and salaries of any district court are paid entirely by the county in which the court is located, the salary of the clerk shall be fixed by the quorum court of the county and not by the city council. (c) The district court clerk shall keep a fair record of all the acts done and proceedings had in the court and shall enter all judgments of the court, under the direction of the judge. (d) The district court clerk shall: (1) Administer oaths, including special judges of district court under § 16-17-210 ; (2) Take affidavits required or permitted in the progress of the action; (3) Keep a complete docket of all proceedings to the extent and in the manner directed by the judge; (4) Record the judgments, rules, orders, and other civil or criminal proceedings of the court and keep an alphabetical index thereof; (5) Keep such other dockets, books, and indices as may be required by law or by the judge; and (6) Issue and attest all process. (e) Where the duties of the office of district court clerk do not require a full-time employee, the city council may require that the duties of the clerk be performed by any other officer of the city, except a member of the police department or marshal's office. Amended by Act 2017, No. 323,§ 1, eff. 8/1/2017. Acts 1927, No. 60, § 12; Pope's Dig., § 9908; Acts 1951, No. 280, § 1; 1953, No. 313, § 3; 1963, No. 57, § 1; 1963, No. 175, § 1; 1975, No. 873, § 1; 1981, No. 74, § 1; A.S.A. 1947, § 22-713; Acts 1995, No. 555, § 1; 2003, No. 1185, § 125; 2003, No. 1765, § 18; 2009, No. 633, § 13.

(a) (1) The judge of any district court may appoint a clerk for the court, who shall be designated and known as the district court clerk. (2) The district court clerk employed by a city or county is governed by the employee handbook and policies of the city or county. (3) If a district court clerk is employed by more than one (1) city or county, then the employing cities or counties, or both, shall determine by written agreement the apportionment of expenses and the applicable employee handbook and policies. (4) The district court judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county, or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct.

(1) The judge of any district court may appoint a clerk for the court, who shall be designated and known as the district court clerk.

(2) The district court clerk employed by a city or county is governed by the employee handbook and policies of the city or county.

(3) If a district court clerk is employed by more than one (1) city or county, then the employing cities or counties, or both, shall determine by written agreement the apportionment of expenses and the applicable employee handbook and policies.

(4) The district court judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county, or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct.

(b) (1) The city council of the city in which the court is located shall fix the salary of the district court clerk at a reasonable sum, the salary to be computed on an annual basis. (2) However, where the county in which the court is located is to pay any portion of the clerk's salary, the salary must also be approved by the quorum court of that county. Further, if the expenses and salaries of any district court are paid entirely by the county in which the court is located, the salary of the clerk shall be fixed by the quorum court of the county and not by the city council.

(1) The city council of the city in which the court is located shall fix the salary of the district court clerk at a reasonable sum, the salary to be computed on an annual basis.

(2) However, where the county in which the court is located is to pay any portion of the clerk's salary, the salary must also be approved by the quorum court of that county. Further, if the expenses and salaries of any district court are paid entirely by the county in which the court is located, the salary of the clerk shall be fixed by the quorum court of the county and not by the city council.

(c) The district court clerk shall keep a fair record of all the acts done and proceedings had in the court and shall enter all judgments of the court, under the direction of the judge.

(d) The district court clerk shall: (1) Administer oaths, including special judges of district court under § 16-17-210 ; (2) Take affidavits required or permitted in the progress of the action; (3) Keep a complete docket of all proceedings to the extent and in the manner directed by the judge; (4) Record the judgments, rules, orders, and other civil or criminal proceedings of the court and keep an alphabetical index thereof; (5) Keep such other dockets, books, and indices as may be required by law or by the judge; and (6) Issue and attest all process.

(1) Administer oaths, including special judges of district court under § 16-17-210 ;

(2) Take affidavits required or permitted in the progress of the action;

(3) Keep a complete docket of all proceedings to the extent and in the manner directed by the judge;

(4) Record the judgments, rules, orders, and other civil or criminal proceedings of the court and keep an alphabetical index thereof;

(5) Keep such other dockets, books, and indices as may be required by law or by the judge; and

(6) Issue and attest all process.

(e) Where the duties of the office of district court clerk do not require a full-time employee, the city council may require that the duties of the clerk be performed by any other officer of the city, except a member of the police department or marshal's office.

Amended by Act 2017, No. 323,§ 1, eff. 8/1/2017.

Acts 1927, No. 60, § 12; Pope's Dig., § 9908; Acts 1951, No. 280, § 1; 1953, No. 313, § 3; 1963, No. 57, § 1; 1963, No. 175, § 1; 1975, No. 873, § 1; 1981, No. 74, § 1; A.S.A. 1947, § 22-713; Acts 1995, No. 555, § 1; 2003, No. 1185, § 125; 2003, No. 1765, § 18; 2009, No. 633, § 13.
Ark. Code Ann. § 16-123-342 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-342
Subpoena enforcement
Status: in_force

The Arkansas Fair Housing Commission, on behalf of itself or other party at whose request a subpoena is issued under this subchapter, may enforce the subpoena in appropriate proceedings in a court of competent jurisdiction in the county where the respondent resides. Acts 2001, No. 1785, § 43.

The Arkansas Fair Housing Commission, on behalf of itself or other party at whose request a subpoena is issued under this subchapter, may enforce the subpoena in appropriate proceedings in a court of competent jurisdiction in the county where the respondent resides.

Acts 2001, No. 1785, § 43.
Ark. Code Ann. § 16-55-118 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-118
Laws requiring notice or summons for specified time before term amended to permit action taken on any day court is in session
Status: in_force

Whether specifically mentioned in this act or not, any law or part of a law requiring notice or summons to be served or published a specific length of time before the beginning of a term before the steps authorized in the law may be had at such terms in any civil or special proceeding is hereby amended to permit such steps to be taken on any day that the court meets in regular or adjourned session after the expiration of the time required in the law for service. Acts 1915, No. 290, § 23; C. & M. Dig., § 1210; Pope's Dig., § 1433; A.S.A. 1947, § 27-135.

Whether specifically mentioned in this act or not, any law or part of a law requiring notice or summons to be served or published a specific length of time before the beginning of a term before the steps authorized in the law may be had at such terms in any civil or special proceeding is hereby amended to permit such steps to be taken on any day that the court meets in regular or adjourned session after the expiration of the time required in the law for service.

Acts 1915, No. 290, § 23; C. & M. Dig., § 1210; Pope's Dig., § 1433; A.S.A. 1947, § 27-135.
Ark. Code Ann. § 16-43-605 — AR Code / Title 16 / Chapter 43 / Subchapter 6 / Section 16-43-605
Court order approving grant of immunity - Granting of immunity only after refusal to testify
Status: in_force

No prosecuting attorney shall grant immunity until he has applied for and obtained in each case a written order from the judge of the circuit court approving the grant of immunity. No such immunity shall be granted by a prosecuting attorney until after the individual has declined to answer questions or has requested immunity before answering questions. Acts 1973, No. 561, § 4; A.S.A. 1947, § 28-534.

No prosecuting attorney shall grant immunity until he has applied for and obtained in each case a written order from the judge of the circuit court approving the grant of immunity. No such immunity shall be granted by a prosecuting attorney until after the individual has declined to answer questions or has requested immunity before answering questions.

Acts 1973, No. 561, § 4; A.S.A. 1947, § 28-534.
Ark. Code Ann. § 16-19-902 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-902
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 67, p. 430; C. & M. Dig., § 6477; Pope's Dig., § 8439; A.S.A. 1947, § 26-1012.

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

Acts 1873, No. 135, § 67, p. 430; C. & M. Dig., § 6477; Pope's Dig., § 8439; A.S.A. 1947, § 26-1012.
Ark. Code Ann. § 16-66-604 — AR Code / Title 16 / Chapter 66 / Subchapter 6 / Section 16-66-604
Stay
Status: in_force

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. (b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of a court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. Acts 1989, No. 501, § 4; 1989 (3rd Ex. Sess.), No. 74, § 2.

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of a court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

Acts 1989, No. 501, § 4; 1989 (3rd Ex. Sess.), No. 74, § 2.
Ark. Code Ann. § 16-118-109 — AR Code / Title 16 / Chapter 118 / Section 16-118-109
Civil cause of action for victims of human trafficking - Definition
Status: in_force

(a) As used in this section, "victim of human trafficking" means the same as defined in § 5-18-102 . (b) An individual who is a victim of human trafficking may bring a civil action in any appropriate state court against a person or entity who: (1) Knew or should have known that the individual was or would be subjected to any form of trafficking of persons pursuant to § 5-18-103 ; and (2) Caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident. (c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief. (d) A prevailing plaintiff shall also be awarded attorney's fees and costs. (e) Three (3) times actual damages shall be awarded on proof of actual damages when a defendant's acts were willful and malicious. (f) (1) A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident. (2) If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age. (3) If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action. (4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action. (5) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due to conduct by the defendant that induced the plaintiff to delay the filing of the action or placed the plaintiff under duress. (g) In a civil action brought under this section: (1) Fault of a victim of human trafficking shall not be apportioned against the victim of human trafficking; and (2) The comparative fault provisions under § 16-64-122 do not apply. Amended by Act 2023, No. 354,§ 2, eff. 8/1/2023. Added by Act 2013, No. 133,§ 8, eff. 8/16/2013. Added by Act 2013, No. 132,§ 8, eff. 8/16/2013.

(a) As used in this section, "victim of human trafficking" means the same as defined in § 5-18-102 .

(b) An individual who is a victim of human trafficking may bring a civil action in any appropriate state court against a person or entity who: (1) Knew or should have known that the individual was or would be subjected to any form of trafficking of persons pursuant to § 5-18-103 ; and (2) Caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident.

(1) Knew or should have known that the individual was or would be subjected to any form of trafficking of persons pursuant to § 5-18-103 ; and

(2) Caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident.

(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.

(d) A prevailing plaintiff shall also be awarded attorney's fees and costs.

(e) Three (3) times actual damages shall be awarded on proof of actual damages when a defendant's acts were willful and malicious.

(f) (1) A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident. (2) If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age. (3) If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action. (4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action. (5) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due to conduct by the defendant that induced the plaintiff to delay the filing of the action or placed the plaintiff under duress.

(1) A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident.

(2) If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age.

(3) If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action.

(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action.

(5) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due to conduct by the defendant that induced the plaintiff to delay the filing of the action or placed the plaintiff under duress.

(g) In a civil action brought under this section: (1) Fault of a victim of human trafficking shall not be apportioned against the victim of human trafficking; and (2) The comparative fault provisions under § 16-64-122 do not apply.

(1) Fault of a victim of human trafficking shall not be apportioned against the victim of human trafficking; and

(2) The comparative fault provisions under § 16-64-122 do not apply.

Amended by Act 2023, No. 354,§ 2, eff. 8/1/2023.

Added by Act 2013, No. 133,§ 8, eff. 8/16/2013.

Added by Act 2013, No. 132,§ 8, eff. 8/16/2013.
Ark. Code Ann. § 16-85-407 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-407
Amendment of indictment and filing of bill of particulars
Status: in_force

(a) The prosecuting attorney or other attorney representing the state, with leave of the court, may amend an indictment as to matters of form or may file a bill of particulars. (b) However, no indictment shall be amended nor bill of particulars filed so as to change the nature of the crime charged or the degree of the crime charged. (c) All amendments and bills of particulars shall be noted of record. Init. Meas. 1936, No. 3, § 24, Acts 1937, p. 1384; Pope's Dig., § 3853; A.S.A. 1947, § 43-1024.

(a) The prosecuting attorney or other attorney representing the state, with leave of the court, may amend an indictment as to matters of form or may file a bill of particulars.

(b) However, no indictment shall be amended nor bill of particulars filed so as to change the nature of the crime charged or the degree of the crime charged.

(c) All amendments and bills of particulars shall be noted of record.

Init. Meas. 1936, No. 3, § 24, Acts 1937, p. 1384; Pope's Dig., § 3853; A.S.A. 1947, § 43-1024.
Ark. Code Ann. § 16-67-203 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-203
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Acts 1883, No. 27, § 3, p. 48; C. & M. Dig., § 2289; Pope's Dig., § 2915; A.S.A. 1947, § 27-2003.

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013.

Acts 1883, No. 27, § 3, p. 48; C. & M. Dig., § 2289; Pope's Dig., § 2915; A.S.A. 1947, § 27-2003.
Ark. Code Ann. § 16-123-204 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-204
Conduct prohibited in real estate transactions - Exception
Status: in_force

(a) A person engaging in a real estate transaction, or a real estate broker or salesperson, shall not on the basis of religion, race, color, national origin, sex, disability, or familial status of a person or a person residing with that person: (1) Refuse to engage in a real estate transaction with a person; (2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (3) Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction; (4) Refuse to negotiate for a real estate transaction with a person; (5) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or knowingly fail to bring a real property listing to a person's attention, or refuse to permit a person to inspect real property; (6) Make, print, or publish or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; or (7) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith. (b) This section shall not apply to: (1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or a member of the owner's immediate family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor's immediate family resides therein; or (2) The rental of a housing accommodation for not more than twelve (12) months by the owner or lessor where it was occupied by him or her and maintained as his or her home for at least three (3) months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence. Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

(a) A person engaging in a real estate transaction, or a real estate broker or salesperson, shall not on the basis of religion, race, color, national origin, sex, disability, or familial status of a person or a person residing with that person: (1) Refuse to engage in a real estate transaction with a person; (2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (3) Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction; (4) Refuse to negotiate for a real estate transaction with a person; (5) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or knowingly fail to bring a real property listing to a person's attention, or refuse to permit a person to inspect real property; (6) Make, print, or publish or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; or (7) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.

(1) Refuse to engage in a real estate transaction with a person;

(2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

(3) Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction;

(4) Refuse to negotiate for a real estate transaction with a person;

(5) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or knowingly fail to bring a real property listing to a person's attention, or refuse to permit a person to inspect real property;

(6) Make, print, or publish or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; or

(7) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.

(b) This section shall not apply to: (1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or a member of the owner's immediate family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor's immediate family resides therein; or (2) The rental of a housing accommodation for not more than twelve (12) months by the owner or lessor where it was occupied by him or her and maintained as his or her home for at least three (3) months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.

(1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or a member of the owner's immediate family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor's immediate family resides therein; or

(2) The rental of a housing accommodation for not more than twelve (12) months by the owner or lessor where it was occupied by him or her and maintained as his or her home for at least three (3) months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Ark. Code Ann. § 16-13-2802 — AR Code / Title 16 / Chapter 13 / Subchapter 28 / Section 16-13-2802
Terms of court
Status: in_force

The terms of court in each county in the Twentieth Judicial District shall commence on the dates set forth below: (1) Faulkner County: On the first Monday in May and the first Monday in December; (2) Searcy County: On the third Mondays in April and October; and (3) Van Buren County: On the first Mondays in May and November. Acts 1891, No. 62, § 4, p. 110; 1893, No. 56, § 3, p. 84; 1947, No. 120, §§ 1, 2; 1955, No. 146, § 1; 1955, No. 227, § 1; 1965, No. 96, § 5; A.S.A. 1947, § 22-310.

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

(1) Faulkner County: On the first Monday in May and the first Monday in December;

(2) Searcy County: On the third Mondays in April and October; and

(3) Van Buren County: On the first Mondays in May and November.

Acts 1891, No. 62, § 4, p. 110; 1893, No. 56, § 3, p. 84; 1947, No. 120, §§ 1, 2; 1955, No. 146, § 1; 1955, No. 227, § 1; 1965, No. 96, § 5; A.S.A. 1947, § 22-310.
Ark. Code Ann. § 16-115-101 — AR Code / Title 16 / Chapter 115 / Section 16-115-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Writ of mandamus" means an order of the circuit court granted upon the petition of an aggrieved party or the state when the public interest is affected, commanding an executive, judicial, or ministerial officer to perform an act or omit to do an act, the performance or omission of which is enjoined by law; and (2) "Writ of prohibition" means an order of the circuit court to an inferior court or tribunal, prohibiting it from proceeding in a cause or matter over which it has no jurisdiction. Acts 1939, No. 54, §§ 2, 3; A.S.A. 1947, §§ 33-102, 33-103; Acts 2003, No. 1185, § 236.

As used in this chapter, unless the context otherwise requires:

(1) "Writ of mandamus" means an order of the circuit court granted upon the petition of an aggrieved party or the state when the public interest is affected, commanding an executive, judicial, or ministerial officer to perform an act or omit to do an act, the performance or omission of which is enjoined by law; and

(2) "Writ of prohibition" means an order of the circuit court to an inferior court or tribunal, prohibiting it from proceeding in a cause or matter over which it has no jurisdiction.

Acts 1939, No. 54, §§ 2, 3; A.S.A. 1947, §§ 33-102, 33-103; Acts 2003, No. 1185, § 236.
Ark. Code Ann. § 16-61-210 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-210
Short title
Status: in_force

This subchapter may be cited as the "Uniform Contribution Among Tortfeasors Act." Acts 1941, No. 315, § 10; A.S.A. 1947, § 34-1009.

This subchapter may be cited as the "Uniform Contribution Among Tortfeasors Act."

Acts 1941, No. 315, § 10; A.S.A. 1947, § 34-1009.
Ark. Code Ann. § 16-56-108 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-108
Recovery of statutory penalties
Status: in_force

All actions on penal statutes where the penalty, or any part thereof, goes to the state, or to any county or person suing for the same, shall be commenced within two (2) years after the offense has been committed or the cause of action has accrued. Rev. Stat., ch. 91, § 10; C. & M. Dig., § 6954; Pope's Dig., § 8932; A.S.A. 1947, § 37-204.

All actions on penal statutes where the penalty, or any part thereof, goes to the state, or to any county or person suing for the same, shall be commenced within two (2) years after the offense has been committed or the cause of action has accrued.

Rev. Stat., ch. 91, § 10; C. & M. Dig., § 6954; Pope's Dig., § 8932; A.S.A. 1947, § 37-204.
Ark. Code Ann. § 16-91-101 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-101
Right generally
Status: in_force

(a) Any person convicted of a misdemeanor or a felony by virtue of a trial in any circuit court of this state has the right of appeal to the Supreme Court. (b) An appeal may be taken jointly by codefendants or by just one (1) defendant although he or she may have been jointly charged and convicted with another defendant. One (1) appeal may be taken where a defendant has been found guilty of one (1) or more charges contained in any one (1) felony information or indictment. Acts 1971, No. 333, § 1; A.S.A. 1947, § 43-2701; Acts 2005, No. 1994, § 276.

(a) Any person convicted of a misdemeanor or a felony by virtue of a trial in any circuit court of this state has the right of appeal to the Supreme Court.

(b) An appeal may be taken jointly by codefendants or by just one (1) defendant although he or she may have been jointly charged and convicted with another defendant. One (1) appeal may be taken where a defendant has been found guilty of one (1) or more charges contained in any one (1) felony information or indictment.

Acts 1971, No. 333, § 1; A.S.A. 1947, § 43-2701; Acts 2005, No. 1994, § 276.
Ark. Code Ann. § 16-112-111 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-111
Order to produce petitioner
Status: in_force

When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the judge may, for good cause shown, direct the officer or person serving the writ to take the applicant into his or her custody and produce him or her on the return of the writ. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5094; Pope's Dig., § 6357; A.S.A. 1947, § 34-1723.

When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the judge may, for good cause shown, direct the officer or person serving the writ to take the applicant into his or her custody and produce him or her on the return of the writ.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5094; Pope's Dig., § 6357; A.S.A. 1947, § 34-1723.
Ark. Code Ann. § 16-13-508 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-508
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 6, eff. 8/1/2023. Acts 1981 (Ex. Sess.), No. 16, § 4; A.S.A. 1947, § 22-157.

Repealed by Act 2023, No. 177,§ 6, eff. 8/1/2023.

Acts 1981 (Ex. Sess.), No. 16, § 4; A.S.A. 1947, § 22-157.
Ark. Code Ann. § 16-120-505 — AR Code / Title 16 / Chapter 120 / Subchapter 5 / Section 16-120-505
Subchapter supplemental
Status: in_force

This subchapter is supplemental to and does not affect any tort immunity or charitable immunity a church or other place of worship may otherwise have under the law. Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.

This subchapter is supplemental to and does not affect any tort immunity or charitable immunity a church or other place of worship may otherwise have under the law.

Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 16-21-901 — AR Code / Title 16 / Chapter 21 / Subchapter 9 / Section 16-21-901
Office space, etc. - Contingent expense allowance
Status: in_force

(a) The Prosecuting Attorney of the Fourth Judicial District shall be furnished, by Washington County, suitable office space, telephone expenses, postage, printing, office supplies, and equipment. (b) (1) In addition, the prosecuting attorney shall be allowed two thousand five hundred dollars ($2,500) per annum as a contingent expense of his office for traveling expenses, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office, and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the Fourth Judicial District, coming within the duties of his office. (2) The contingent expense is to be paid by Washington County in an amount of two thousand three hundred dollars ($2,300) per year and Madison County in an amount of two hundred dollars ($200) per year from the general revenue fund. However, the annual amount shall be paid in equal monthly installments by each county. Acts 1981, No. 992, § 2; A.S.A. 1947, § 24-114.7.

(a) The Prosecuting Attorney of the Fourth Judicial District shall be furnished, by Washington County, suitable office space, telephone expenses, postage, printing, office supplies, and equipment.

(b) (1) In addition, the prosecuting attorney shall be allowed two thousand five hundred dollars ($2,500) per annum as a contingent expense of his office for traveling expenses, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office, and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the Fourth Judicial District, coming within the duties of his office. (2) The contingent expense is to be paid by Washington County in an amount of two thousand three hundred dollars ($2,300) per year and Madison County in an amount of two hundred dollars ($200) per year from the general revenue fund. However, the annual amount shall be paid in equal monthly installments by each county.

(1) In addition, the prosecuting attorney shall be allowed two thousand five hundred dollars ($2,500) per annum as a contingent expense of his office for traveling expenses, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office, and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the Fourth Judicial District, coming within the duties of his office.

(2) The contingent expense is to be paid by Washington County in an amount of two thousand three hundred dollars ($2,300) per year and Madison County in an amount of two hundred dollars ($200) per year from the general revenue fund. However, the annual amount shall be paid in equal monthly installments by each county.

Acts 1981, No. 992, § 2; A.S.A. 1947, § 24-114.7.
Ark. Code Ann. § 16-90-113 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-113
Fixing of punishment - Judgment for costs
Status: in_force

(a) In judgments against the defendant, a judgment for costs shall be rendered in addition to the other punishment. This judgment shall be taxed by the clerk and shall be for the benefit of the officers rendering the service. (b) In case of failure by the defendant to pay the costs, they shall be paid by the county where the conviction is had. Crim. Code, § 286; Acts 1871, No. 49, § 1 [286], p. 255; C. & M. Dig., § 3243; Pope's Dig., § 4083; A.S.A. 1947, § 43-2316.

(a) In judgments against the defendant, a judgment for costs shall be rendered in addition to the other punishment. This judgment shall be taxed by the clerk and shall be for the benefit of the officers rendering the service.

(b) In case of failure by the defendant to pay the costs, they shall be paid by the county where the conviction is had.

Crim. Code, § 286; Acts 1871, No. 49, § 1 [286], p. 255; C. & M. Dig., § 3243; Pope's Dig., § 4083; A.S.A. 1947, § 43-2316.
Ark. Code Ann. § 16-64-113 — AR Code / Title 16 / Chapter 64 / Section 16-64-113
Jury may view subject of litigation
Status: in_force

Whenever, in the opinion of the court, it is proper for the jury to have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury is thus absent, no person other than the person so appointed shall speak to them on any subject connected with the trial. Civil Code, § 350; C. & M. Dig., § 1293; Pope's Dig., § 1518; A.S.A. 1947, § 27-1731.

Whenever, in the opinion of the court, it is proper for the jury to have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury is thus absent, no person other than the person so appointed shall speak to them on any subject connected with the trial.

Civil Code, § 350; C. & M. Dig., § 1293; Pope's Dig., § 1518; A.S.A. 1947, § 27-1731.
Ark. Code Ann. § 16-55-217 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-217
Cause of action not created
Status: in_force

(a) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 do not create a cause of action. (b) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-14-209 - 16-114-212 do not alter the defenses or immunity of any person or entity. Acts 2003, No. 649, § 8.

(a) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 do not create a cause of action.

(b) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-14-209 - 16-114-212 do not alter the defenses or immunity of any person or entity.

Acts 2003, No. 649, § 8.
Ark. Code Ann. § 16-90-905 — AR Code / Title 16 / Chapter 90 / Subchapter 9 / Section 16-90-905
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014. Acts 1995, No. 998, § 7; 2003, No. 839, § 1.

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

Acts 1995, No. 998, § 7; 2003, No. 839, § 1.
Ark. Code Ann. § 16-90-302 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-302
Subchapter amendatory and supplemental
Status: in_force

The provisions of this subchapter are amendatory and supplemental to Acts 1977, No. 482, as amended. Acts 1981, No. 704, § 6; A.S.A. 1947, § 43-2355.

The provisions of this subchapter are amendatory and supplemental to Acts 1977, No. 482, as amended.

Acts 1981, No. 704, § 6; A.S.A. 1947, § 43-2355.
Ark. Code Ann. § 16-33-304 — AR Code / Title 16 / Chapter 33 / Subchapter 3 / Section 16-33-304
Challenge to trial jurors - Individual juror for cause
Status: in_force

(a) The challenge for cause may be taken either by the state or by the defendant. (b) It may be general, that the juror is disqualified in serving in any case, or particular, that he is disqualified from serving in the case on trial. (1) Causes of general challenge are: (A) A want of the qualifications prescribed by law; (B) A conviction for a felony; (C) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of properly performing the duties of a juror. (2) Particular causes of challenge are actual and implied bias. (A) Actual bias is the existence of such a state of mind on the part of the juror, in regard to the case or to either party, as satisfies the court, in the exercise of a sound discretion, that he cannot try the case impartially and without prejudice to the substantial rights of the party challenging. (B) A challenge for implied bias may be taken in the case of the juror: (i) Being related by consanguinity, or affinity, or who stands in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, employer and employed on wages, or who is a member of the family of the defendant or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted; (ii) Being adverse to the defendant in a civil suit, or having complained against or being accused by him in a criminal prosecution; (iii) Having served on the grand jury that found the indictment or on the coroner's jury that inquired into the death of the party, whose death is the subject of the indictment; (iv) Having served on a trial jury which has tried another person for the offense charged in the indictment; (v) Having been one of the former jury sworn to try the same indictment and whose verdict was set aside, or who were discharged without a verdict; (vi) Having served as a juror in a civil action brought against the defendant for the act charged in the indictment; (vii) When the offense is punishable with death, the entertaining of such conscientious opinions as would preclude him from finding the defendant guilty. (c) An exemption from serving on a jury is not a cause of challenge. Having formed or expressed an opinion merely from rumor shall not be a cause of challenge. Crim. Code §§ 207-212, 218; C. & M. Dig., §§ 3156-3160, 3163; Pope's Dig., §§ 3990-3995, 3999; A.S.A. 1947, §§ 43-1915 -- 43-1920, 43-1923.

(a) The challenge for cause may be taken either by the state or by the defendant.

(b) It may be general, that the juror is disqualified in serving in any case, or particular, that he is disqualified from serving in the case on trial. (1) Causes of general challenge are: (A) A want of the qualifications prescribed by law; (B) A conviction for a felony; (C) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of properly performing the duties of a juror. (2) Particular causes of challenge are actual and implied bias. (A) Actual bias is the existence of such a state of mind on the part of the juror, in regard to the case or to either party, as satisfies the court, in the exercise of a sound discretion, that he cannot try the case impartially and without prejudice to the substantial rights of the party challenging. (B) A challenge for implied bias may be taken in the case of the juror: (i) Being related by consanguinity, or affinity, or who stands in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, employer and employed on wages, or who is a member of the family of the defendant or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted; (ii) Being adverse to the defendant in a civil suit, or having complained against or being accused by him in a criminal prosecution; (iii) Having served on the grand jury that found the indictment or on the coroner's jury that inquired into the death of the party, whose death is the subject of the indictment; (iv) Having served on a trial jury which has tried another person for the offense charged in the indictment; (v) Having been one of the former jury sworn to try the same indictment and whose verdict was set aside, or who were discharged without a verdict; (vi) Having served as a juror in a civil action brought against the defendant for the act charged in the indictment; (vii) When the offense is punishable with death, the entertaining of such conscientious opinions as would preclude him from finding the defendant guilty.

(1) Causes of general challenge are: (A) A want of the qualifications prescribed by law; (B) A conviction for a felony; (C) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of properly performing the duties of a juror.

(A) A want of the qualifications prescribed by law;

(B) A conviction for a felony;

(C) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of properly performing the duties of a juror.

(2) Particular causes of challenge are actual and implied bias. (A) Actual bias is the existence of such a state of mind on the part of the juror, in regard to the case or to either party, as satisfies the court, in the exercise of a sound discretion, that he cannot try the case impartially and without prejudice to the substantial rights of the party challenging. (B) A challenge for implied bias may be taken in the case of the juror: (i) Being related by consanguinity, or affinity, or who stands in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, employer and employed on wages, or who is a member of the family of the defendant or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted; (ii) Being adverse to the defendant in a civil suit, or having complained against or being accused by him in a criminal prosecution; (iii) Having served on the grand jury that found the indictment or on the coroner's jury that inquired into the death of the party, whose death is the subject of the indictment; (iv) Having served on a trial jury which has tried another person for the offense charged in the indictment; (v) Having been one of the former jury sworn to try the same indictment and whose verdict was set aside, or who were discharged without a verdict; (vi) Having served as a juror in a civil action brought against the defendant for the act charged in the indictment; (vii) When the offense is punishable with death, the entertaining of such conscientious opinions as would preclude him from finding the defendant guilty.

(A) Actual bias is the existence of such a state of mind on the part of the juror, in regard to the case or to either party, as satisfies the court, in the exercise of a sound discretion, that he cannot try the case impartially and without prejudice to the substantial rights of the party challenging.

(B) A challenge for implied bias may be taken in the case of the juror: (i) Being related by consanguinity, or affinity, or who stands in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, employer and employed on wages, or who is a member of the family of the defendant or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted; (ii) Being adverse to the defendant in a civil suit, or having complained against or being accused by him in a criminal prosecution; (iii) Having served on the grand jury that found the indictment or on the coroner's jury that inquired into the death of the party, whose death is the subject of the indictment; (iv) Having served on a trial jury which has tried another person for the offense charged in the indictment; (v) Having been one of the former jury sworn to try the same indictment and whose verdict was set aside, or who were discharged without a verdict; (vi) Having served as a juror in a civil action brought against the defendant for the act charged in the indictment; (vii) When the offense is punishable with death, the entertaining of such conscientious opinions as would preclude him from finding the defendant guilty.

(i) Being related by consanguinity, or affinity, or who stands in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, employer and employed on wages, or who is a member of the family of the defendant or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted;

(ii) Being adverse to the defendant in a civil suit, or having complained against or being accused by him in a criminal prosecution;

(iii) Having served on the grand jury that found the indictment or on the coroner's jury that inquired into the death of the party, whose death is the subject of the indictment;

(iv) Having served on a trial jury which has tried another person for the offense charged in the indictment;

(v) Having been one of the former jury sworn to try the same indictment and whose verdict was set aside, or who were discharged without a verdict;

(vi) Having served as a juror in a civil action brought against the defendant for the act charged in the indictment;

(vii) When the offense is punishable with death, the entertaining of such conscientious opinions as would preclude him from finding the defendant guilty.

(c) An exemption from serving on a jury is not a cause of challenge. Having formed or expressed an opinion merely from rumor shall not be a cause of challenge.

Crim. Code §§ 207-212, 218; C. & M. Dig., §§ 3156-3160, 3163; Pope's Dig., §§ 3990-3995, 3999; A.S.A. 1947, §§ 43-1915 -- 43-1920, 43-1923.
Ark. Code Ann. § 16-43-309 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-309
Uniformity of construction
Status: in_force

This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1959, No. 216, § 9; A.S.A. 1947, § 43-2033.

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

Acts 1959, No. 216, § 9; A.S.A. 1947, § 43-2033.
Ark. Code Ann. § 16-131-202 — AR Code / Title 16 / Chapter 131 / Subchapter 2 / Section 16-131-202
Purpose
Status: in_force

The purpose of this subchapter is to establish standards and procedures for settling claims through settlement agreements involving minors. Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.

The purpose of this subchapter is to establish standards and procedures for settling claims through settlement agreements involving minors.

Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-17-106 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-106
Deputy district court clerks generally
Status: in_force

(a) (1) The judge of the district court of any city in this state may, with the approval of the governing body of the city, appoint one (1) or more deputy district court clerks to serve under the judge's supervision. (2) The deputy district court clerk employed by a city or county is governed by the employee handbook and policies of the city or county. (3) If a deputy district court clerk is employed by more than one (1) city or county, then the employing cities, counties, or both, shall determine by written agreement the apportionment of expenses and the applicable employee handbook and policies. (4) The district court judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county, or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct. (b) (1) The salary of a deputy district court clerk may be less than, but not more than, the salary paid to the district court clerk. (2) The salary designated for the office of district court clerk may be apportioned by the city council between and among the district court clerks and any deputy district court clerks. (c) A deputy district court clerk may perform all duties and exercise all powers granted to the district court clerk and shall post bond in the same manner and amount as required of the district court clerk. Amended by Act 2015, No. 587,§ 1, eff. 7/22/2015. Acts 1971, No. 157, § 1; A.S.A. 1947, § 22-713.1.

(a) (1) The judge of the district court of any city in this state may, with the approval of the governing body of the city, appoint one (1) or more deputy district court clerks to serve under the judge's supervision. (2) The deputy district court clerk employed by a city or county is governed by the employee handbook and policies of the city or county. (3) If a deputy district court clerk is employed by more than one (1) city or county, then the employing cities, counties, or both, shall determine by written agreement the apportionment of expenses and the applicable employee handbook and policies. (4) The district court judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county, or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct.

(1) The judge of the district court of any city in this state may, with the approval of the governing body of the city, appoint one (1) or more deputy district court clerks to serve under the judge's supervision.

(2) The deputy district court clerk employed by a city or county is governed by the employee handbook and policies of the city or county.

(3) If a deputy district court clerk is employed by more than one (1) city or county, then the employing cities, counties, or both, shall determine by written agreement the apportionment of expenses and the applicable employee handbook and policies.

(4) The district court judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county, or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct.

(b) (1) The salary of a deputy district court clerk may be less than, but not more than, the salary paid to the district court clerk. (2) The salary designated for the office of district court clerk may be apportioned by the city council between and among the district court clerks and any deputy district court clerks.

(1) The salary of a deputy district court clerk may be less than, but not more than, the salary paid to the district court clerk.

(2) The salary designated for the office of district court clerk may be apportioned by the city council between and among the district court clerks and any deputy district court clerks.

(c) A deputy district court clerk may perform all duties and exercise all powers granted to the district court clerk and shall post bond in the same manner and amount as required of the district court clerk.

Amended by Act 2015, No. 587,§ 1, eff. 7/22/2015.

Acts 1971, No. 157, § 1; A.S.A. 1947, § 22-713.1.
Ark. Code Ann. § 16-17-125 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-125
Pretrial release alternative administration fee
Status: in_force

(a) An administrative fee may be levied and collected, in district court or city court, from each pretrial detainee charged with either a felony or misdemeanor who is placed under the supervision of the court pending trial. (b) The administrative fee authorized by this section may be levied only by the district court or city court which places a pretrial detainee under the supervision of the court pending trial. (c) A district judge may impose such administrative fee for supervision if the judge finds it necessary to impose conditions of release requiring supervision of a criminal defendant pending trial and the judge does not require the posting of any bail that requires the defendant to pay a bondsman or post any form of cash or security. (d) Such supervised pretrial release program is optional for both the court and the defendant and is an alternative to continued incarceration pending trial or to posting bond set by the court. The court shall be solely responsible for determining which defendants may be placed on the program. The defendant must agree to be placed on the program as an alternative to continued incarceration pending trial or to posting bond set by the court. (e) All funds derived from the collection of such administrative fee shall be used by the municipality solely for the administration of justice. (f) The administrative fee authorized by this section may be reduced or waived based on indigency. Acts 1991, No. 1234, § 1.

(a) An administrative fee may be levied and collected, in district court or city court, from each pretrial detainee charged with either a felony or misdemeanor who is placed under the supervision of the court pending trial.

(b) The administrative fee authorized by this section may be levied only by the district court or city court which places a pretrial detainee under the supervision of the court pending trial.

(c) A district judge may impose such administrative fee for supervision if the judge finds it necessary to impose conditions of release requiring supervision of a criminal defendant pending trial and the judge does not require the posting of any bail that requires the defendant to pay a bondsman or post any form of cash or security.

(d) Such supervised pretrial release program is optional for both the court and the defendant and is an alternative to continued incarceration pending trial or to posting bond set by the court. The court shall be solely responsible for determining which defendants may be placed on the program. The defendant must agree to be placed on the program as an alternative to continued incarceration pending trial or to posting bond set by the court.

(e) All funds derived from the collection of such administrative fee shall be used by the municipality solely for the administration of justice.

(f) The administrative fee authorized by this section may be reduced or waived based on indigency.

Acts 1991, No. 1234, § 1.
Ark. Code Ann. § 16-19-909 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-909
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 63-65, p. 430; C. & M. Dig., §§ 6473-6475; Pope's Dig., §§ 8435-8437; A.S.A. 1947, §§ 26-1008 -- 26-1010.

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

Acts 1873, No. 135, §§ 63-65, p. 430; C. & M. Dig., §§ 6473-6475; Pope's Dig., §§ 8435-8437; A.S.A. 1947, §§ 26-1008 -- 26-1010.
Ark. Code Ann. § 16-64-126 — AR Code / Title 16 / Chapter 64 / Section 16-64-126
Title of bona fide purchasers of property unaffected by new trial
Status: in_force

The title of purchasers in good faith to any property sold under an attachment or judgment shall not be affected by the new trial permitted by ARCP, Rule 59, except the title of property obtained by the plaintiff and not bought of him in good faith by others. Civil Code, § 453; C. & M. Dig., § 6268; Pope's Dig., § 8224; A.S.A. 1947, § 27-1910.

The title of purchasers in good faith to any property sold under an attachment or judgment shall not be affected by the new trial permitted by ARCP, Rule 59, except the title of property obtained by the plaintiff and not bought of him in good faith by others.

Civil Code, § 453; C. & M. Dig., § 6268; Pope's Dig., § 8224; A.S.A. 1947, § 27-1910.
Ark. Code Ann. § 16-21-145 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-145
Authority to appoint deputies and employees
Status: in_force

Prosecuting attorneys shall have the power to appoint all deputies and employees without confirmation of any court or tribunal. Acts 1993, No. 1306, § 2.

Prosecuting attorneys shall have the power to appoint all deputies and employees without confirmation of any court or tribunal.

Acts 1993, No. 1306, § 2.
Ark. Code Ann. § 16-65-110 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-110
Judgments by default
Status: in_force

(a) Judgments by default rendered by the circuit courts may be recorded in a separate book for that purpose. (b) The orders showing the rendition of these judgments by default shall be signed by the circuit judge. Civil Code, § 424; C. & M. Dig., § 2229; Pope's Dig., § 2857; A.S.A. 1947, § 29-122.

(a) Judgments by default rendered by the circuit courts may be recorded in a separate book for that purpose.

(b) The orders showing the rendition of these judgments by default shall be signed by the circuit judge.

Civil Code, § 424; C. & M. Dig., § 2229; Pope's Dig., § 2857; A.S.A. 1947, § 29-122.
Ark. Code Ann. § 16-90-710 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-710
Waiver of physician-patient privilege - Examinations and reports
Status: in_force

(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional condition of the claimant. (b) (1) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the Crime Victims Reparations Board may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. (2) The order shall: (A) Specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made; and (B) (i) Require the person to file a detailed written report of the examination or autopsy with the board. (ii) The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. (c) The board shall furnish to the victim a copy of any reports examined. If the victim is deceased, the board, on request, shall furnish a copy of the report to the claimant. (d) The board may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed. Acts 1987, No. 817, § 10.

(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional condition of the claimant.

(b) (1) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the Crime Victims Reparations Board may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. (2) The order shall: (A) Specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made; and (B) (i) Require the person to file a detailed written report of the examination or autopsy with the board. (ii) The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.

(1) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the Crime Victims Reparations Board may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim.

(2) The order shall: (A) Specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made; and (B) (i) Require the person to file a detailed written report of the examination or autopsy with the board. (ii) The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.

(A) Specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made; and

(B) (i) Require the person to file a detailed written report of the examination or autopsy with the board. (ii) The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.

(i) Require the person to file a detailed written report of the examination or autopsy with the board.

(ii) The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.

(c) The board shall furnish to the victim a copy of any reports examined. If the victim is deceased, the board, on request, shall furnish a copy of the report to the claimant.

(d) The board may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.

Acts 1987, No. 817, § 10.
Ark. Code Ann. § 16-13-210 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-210
Circuit judge may hear and adjudicate causes pending in the circuit
Status: in_force

(a) (1) Any circuit judge of this state, at any time while mentally and physically competent and physically present in the geographical area of the judicial circuit which he or she serves as judge, may hear, adjudicate, or render any appropriate order with respect to any cause or matter pending in any circuit court over which he or she presides, subject to such notice of the time, place, and nature of the hearing being given as may be required by law or by rule or order of the court. (2) However, no contested case may be tried outside the county of the venue of the case, except upon the agreement of the parties interested. (b) A circuit judge assigned to a cause or matter, either by regular docket assignment or by Supreme Court order, may render or sign orders in that cause or matter in a geographical location other than the judicial circuit in which the cause or matter is pending. (c) A retired circuit judge, chancellor, or circuit-chancery judge assigned to a cause or matter by Supreme Court order may render or sign orders in that cause or matter in a geographical location other than the judicial circuit in which the cause or matter is pending. Acts 1961, No. 81, § 1; A.S.A. 1947, § 22-313; Acts 2003, No. 1000, § 1.

(a) (1) Any circuit judge of this state, at any time while mentally and physically competent and physically present in the geographical area of the judicial circuit which he or she serves as judge, may hear, adjudicate, or render any appropriate order with respect to any cause or matter pending in any circuit court over which he or she presides, subject to such notice of the time, place, and nature of the hearing being given as may be required by law or by rule or order of the court. (2) However, no contested case may be tried outside the county of the venue of the case, except upon the agreement of the parties interested.

(1) Any circuit judge of this state, at any time while mentally and physically competent and physically present in the geographical area of the judicial circuit which he or she serves as judge, may hear, adjudicate, or render any appropriate order with respect to any cause or matter pending in any circuit court over which he or she presides, subject to such notice of the time, place, and nature of the hearing being given as may be required by law or by rule or order of the court.

(2) However, no contested case may be tried outside the county of the venue of the case, except upon the agreement of the parties interested.

(b) A circuit judge assigned to a cause or matter, either by regular docket assignment or by Supreme Court order, may render or sign orders in that cause or matter in a geographical location other than the judicial circuit in which the cause or matter is pending.

(c) A retired circuit judge, chancellor, or circuit-chancery judge assigned to a cause or matter by Supreme Court order may render or sign orders in that cause or matter in a geographical location other than the judicial circuit in which the cause or matter is pending.

Acts 1961, No. 81, § 1; A.S.A. 1947, § 22-313; Acts 2003, No. 1000, § 1.
Ark. Code Ann. § 16-118-104 — AR Code / Title 16 / Chapter 118 / Section 16-118-104
Vendor's action for recovery of property
Status: in_force

(a) In any action brought in the courts of this state for the recovery of money contracted for property in possession of the vendee, it shall not be lawful to include the property in any schedule intended to protect the property, or exempt it from seizure on attachment or sale on execution or other process issued from any court for the collection of any debt upon the claim of the plaintiff. (b) In any such action the court or clerk shall issue, on petition of the plaintiff, duly verified, describing the property and stating its value at or after commencement of the action, an order, which may be embodied in the original summons if the order is issued at the same time as the original, stating the name of the court and the style of the action and directing the county sheriff or other officer to take the property described in the petition and hold it subject to the orders of the court. (c) The defendant may give bond for the retention of the property as in cases of orders of delivery of personal property. (d) When it appears by affidavit of the plaintiff or by the return of the order of the court, or when it is shown by the plaintiff's petition, that the property has been disposed of or concealed so that the order cannot be executed, the court may compel the attendance of the defendant and examine him or her on oath as to the situation of the property, and the court punish a disobedience of its order as in cases of contempt. Acts 1877, No. 48, §§ 1-4, p. 47; C. & M. Dig., §§ 8729-8732; Pope's Dig., §§ 11422-11425; A.S.A. 1947, §§ 34-2301 -- 34-2304.

(a) In any action brought in the courts of this state for the recovery of money contracted for property in possession of the vendee, it shall not be lawful to include the property in any schedule intended to protect the property, or exempt it from seizure on attachment or sale on execution or other process issued from any court for the collection of any debt upon the claim of the plaintiff.

(b) In any such action the court or clerk shall issue, on petition of the plaintiff, duly verified, describing the property and stating its value at or after commencement of the action, an order, which may be embodied in the original summons if the order is issued at the same time as the original, stating the name of the court and the style of the action and directing the county sheriff or other officer to take the property described in the petition and hold it subject to the orders of the court.

(c) The defendant may give bond for the retention of the property as in cases of orders of delivery of personal property.

(d) When it appears by affidavit of the plaintiff or by the return of the order of the court, or when it is shown by the plaintiff's petition, that the property has been disposed of or concealed so that the order cannot be executed, the court may compel the attendance of the defendant and examine him or her on oath as to the situation of the property, and the court punish a disobedience of its order as in cases of contempt.

Acts 1877, No. 48, §§ 1-4, p. 47; C. & M. Dig., §§ 8729-8732; Pope's Dig., §§ 11422-11425; A.S.A. 1947, §§ 34-2301 -- 34-2304.
Ark. Code Ann. § 16-81-106 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-106
Authority to arrest - Definition
Status: in_force

(a) An arrest may be made by a certified law enforcement officer or by a private person. (b) A certified law enforcement officer may make an arrest: (1) In obedience to a warrant of arrest delivered to him or her; and (2) (A) Without a warrant, where a public offense is committed in his or her presence or where he or she has reasonable grounds for believing that the person arrested has committed a felony. (B) In addition to any other warrantless arrest authority granted by law or court rule, a certified law enforcement officer may arrest a person for a misdemeanor without a warrant if the officer has probable cause to believe that the person has committed battery upon another person, the officer finds evidence of bodily harm, and the officer reasonably believes that there is danger of violence unless the person alleged to have committed the battery is arrested without delay. (c) (1) A certified law enforcement officer who is outside his or her jurisdiction may arrest without warrant a person who commits an offense within the officer's presence or view if the offense is a felony or a misdemeanor. (2) (A) A certified law enforcement officer making an arrest under subdivision (c)(1) of this section shall notify the law enforcement agency having jurisdiction where the arrest was made as soon as practicable after making the arrest. (B) The law enforcement agency shall then take custody of the person committing the offense and take the person before a judge or magistrate. (3) Statewide arrest powers for a certified law enforcement officer will be in effect only when the certified law enforcement officer is working: (A) Outside his or her jurisdiction at the request of or with the permission of the municipal or county law enforcement agency having jurisdiction in the locale where the certified law enforcement officer is assisting or working by request; or (B) (i) As part of a child abduction response team. (ii) As used in subdivision (c)(3)(B)(i) of this section, "child abduction response team" means a multiagency or multi-jurisdictional composite of community professionals who are trained and equipped to respond in the search and recovery of an abducted or endangered child. (4) Any law enforcement agency exercising statewide arrest powers under this section must have a written policy on file regulating the actions of its employees relevant to law enforcement activities outside its jurisdiction. (d) A private person may make an arrest where he or she has reasonable grounds for believing that the person arrested has committed a felony. (e) A magistrate or any judge may orally order a certified law enforcement officer or private person to arrest anyone committing a public offense in the magistrate's or judge's presence, which order shall authorize the arrest. (f) As used in this section, "certified law enforcement officer" includes a full-time game warden of the Arkansas State Game and Fish Commission so long as the game warden shall not exercise his or her authority to the extent that any federal funds would be jeopardized. (g) (1) The following persons employed as full-time law enforcement officers by the federal, state, county, or municipal government who are empowered to effect an arrest with or without warrant for violations of the United States Code and who are authorized to carry firearms in the performance of their duties shall be empowered to act as officers for the arrest of offenders against the laws of this state and shall enjoy the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers: (A) Federal Bureau of Investigation special agents; (B) United States Secret Service special agents; (C) United States Citizenship and Immigration Services special agents, investigators, and patrol officers; (D) United States Marshals Service deputies; (E) United States Drug Enforcement Administration special agents; (F) United States Postal Service postal inspectors and special agents; (G) United States Customs and Border Protection special agents, inspectors, and patrol officers; (H) United States General Services Administration special agents; (I) United States Department of Agriculture special agents; (J) United States Bureau of Alcohol, Tobacco, Firearms, and Explosives special agents; (K) Internal Revenue Service special agents and inspectors; (L) Certified law enforcement officers of the United States Department of the Interior, National Park Service, and the United States Fish and Wildlife Service; (M) Members of federal, state, county, municipal, and prosecuting attorneys' drug task forces; (N) Certified law enforcement officers of the United States Forest Service; and (O) United States Treasury Inspector General for Tax Administration special agents. (2) If an agency described in subdivision (g)(1) of this section changes its name, the law enforcement officers described in subdivision (g)(1) of this section that are employed by the agency remain empowered to act as officers for the arrest of offenders against the laws of this state and retain the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers. (h) Pursuant to Article 2.124 of the Texas Code of Criminal Procedure, any certified law enforcement officer of the State of Arkansas or law enforcement officer specified in subsection (g) of this section shall be authorized to act as a law enforcement officer in the State of Texas with the same power, duties, and immunities of a peace officer of the State of Texas who is acting in the discharge of an official duty: (1) During a time in which: (A) (i) The law enforcement officer from the State of Arkansas is transporting an inmate or criminal defendant from a county in Arkansas that is on the border of Texas to a hospital or other medical facility in a county in Texas that is on the border between the two (2) states. (ii) Transportation to such a facility shall be for purposes including, but not limited to, evidentiary testing of that inmate or defendant as is authorized pursuant to laws of the State of Arkansas or for medical treatment; or (B) The law enforcement officer from the State of Arkansas is returning the inmate or defendant from the hospital or facility in Texas to an adjoining county in Arkansas; and (2) To the extent necessary to: (A) Maintain custody of the inmate or defendant while transporting the inmate or defendant; or (B) Retain custody of the inmate or defendant if the inmate or defendant escapes while being transported. (i) A certified law enforcement officer trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security is authorized to make an arrest in order to enforce federal immigration laws. Amended by Act 2023, No. 852,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 913,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 946,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 423,§ 1, eff. 8/16/2013. Crim. Code, §§ 32-35; C. & M. Dig., §§ 2903-2906; Pope's Dig., §§ 3719-3722; Acts 1983, No. 848, § 1; A.S.A. 1947, §§ 43-402 -- 43-405; Acts 1987, No. 496, § 1; 1988 (3rd Ex. Sess.), No. 32, § 1; 1989, No. 715, § 1; 1989, No. 846, § 1; 1993, No. 362, § 1; 1993, No. 436, § 1; 1995, No. 719, § 1; 2005, No. 26, § 1; 2005, No. 907, § 4; 2005, No. 1994, § 267; 2009, No. 158, § 1.

(a) An arrest may be made by a certified law enforcement officer or by a private person.

(b) A certified law enforcement officer may make an arrest: (1) In obedience to a warrant of arrest delivered to him or her; and (2) (A) Without a warrant, where a public offense is committed in his or her presence or where he or she has reasonable grounds for believing that the person arrested has committed a felony. (B) In addition to any other warrantless arrest authority granted by law or court rule, a certified law enforcement officer may arrest a person for a misdemeanor without a warrant if the officer has probable cause to believe that the person has committed battery upon another person, the officer finds evidence of bodily harm, and the officer reasonably believes that there is danger of violence unless the person alleged to have committed the battery is arrested without delay.

(1) In obedience to a warrant of arrest delivered to him or her; and

(2) (A) Without a warrant, where a public offense is committed in his or her presence or where he or she has reasonable grounds for believing that the person arrested has committed a felony. (B) In addition to any other warrantless arrest authority granted by law or court rule, a certified law enforcement officer may arrest a person for a misdemeanor without a warrant if the officer has probable cause to believe that the person has committed battery upon another person, the officer finds evidence of bodily harm, and the officer reasonably believes that there is danger of violence unless the person alleged to have committed the battery is arrested without delay.

(A) Without a warrant, where a public offense is committed in his or her presence or where he or she has reasonable grounds for believing that the person arrested has committed a felony.

(B) In addition to any other warrantless arrest authority granted by law or court rule, a certified law enforcement officer may arrest a person for a misdemeanor without a warrant if the officer has probable cause to believe that the person has committed battery upon another person, the officer finds evidence of bodily harm, and the officer reasonably believes that there is danger of violence unless the person alleged to have committed the battery is arrested without delay.

(c) (1) A certified law enforcement officer who is outside his or her jurisdiction may arrest without warrant a person who commits an offense within the officer's presence or view if the offense is a felony or a misdemeanor. (2) (A) A certified law enforcement officer making an arrest under subdivision (c)(1) of this section shall notify the law enforcement agency having jurisdiction where the arrest was made as soon as practicable after making the arrest. (B) The law enforcement agency shall then take custody of the person committing the offense and take the person before a judge or magistrate. (3) Statewide arrest powers for a certified law enforcement officer will be in effect only when the certified law enforcement officer is working: (A) Outside his or her jurisdiction at the request of or with the permission of the municipal or county law enforcement agency having jurisdiction in the locale where the certified law enforcement officer is assisting or working by request; or (B) (i) As part of a child abduction response team. (ii) As used in subdivision (c)(3)(B)(i) of this section, "child abduction response team" means a multiagency or multi-jurisdictional composite of community professionals who are trained and equipped to respond in the search and recovery of an abducted or endangered child. (4) Any law enforcement agency exercising statewide arrest powers under this section must have a written policy on file regulating the actions of its employees relevant to law enforcement activities outside its jurisdiction.

(1) A certified law enforcement officer who is outside his or her jurisdiction may arrest without warrant a person who commits an offense within the officer's presence or view if the offense is a felony or a misdemeanor.

(2) (A) A certified law enforcement officer making an arrest under subdivision (c)(1) of this section shall notify the law enforcement agency having jurisdiction where the arrest was made as soon as practicable after making the arrest. (B) The law enforcement agency shall then take custody of the person committing the offense and take the person before a judge or magistrate.

(A) A certified law enforcement officer making an arrest under subdivision (c)(1) of this section shall notify the law enforcement agency having jurisdiction where the arrest was made as soon as practicable after making the arrest.

(B) The law enforcement agency shall then take custody of the person committing the offense and take the person before a judge or magistrate.

(3) Statewide arrest powers for a certified law enforcement officer will be in effect only when the certified law enforcement officer is working: (A) Outside his or her jurisdiction at the request of or with the permission of the municipal or county law enforcement agency having jurisdiction in the locale where the certified law enforcement officer is assisting or working by request; or (B) (i) As part of a child abduction response team. (ii) As used in subdivision (c)(3)(B)(i) of this section, "child abduction response team" means a multiagency or multi-jurisdictional composite of community professionals who are trained and equipped to respond in the search and recovery of an abducted or endangered child.

(A) Outside his or her jurisdiction at the request of or with the permission of the municipal or county law enforcement agency having jurisdiction in the locale where the certified law enforcement officer is assisting or working by request; or

(B) (i) As part of a child abduction response team. (ii) As used in subdivision (c)(3)(B)(i) of this section, "child abduction response team" means a multiagency or multi-jurisdictional composite of community professionals who are trained and equipped to respond in the search and recovery of an abducted or endangered child.

(i) As part of a child abduction response team.

(ii) As used in subdivision (c)(3)(B)(i) of this section, "child abduction response team" means a multiagency or multi-jurisdictional composite of community professionals who are trained and equipped to respond in the search and recovery of an abducted or endangered child.

(4) Any law enforcement agency exercising statewide arrest powers under this section must have a written policy on file regulating the actions of its employees relevant to law enforcement activities outside its jurisdiction.

(d) A private person may make an arrest where he or she has reasonable grounds for believing that the person arrested has committed a felony.

(e) A magistrate or any judge may orally order a certified law enforcement officer or private person to arrest anyone committing a public offense in the magistrate's or judge's presence, which order shall authorize the arrest.

(f) As used in this section, "certified law enforcement officer" includes a full-time game warden of the Arkansas State Game and Fish Commission so long as the game warden shall not exercise his or her authority to the extent that any federal funds would be jeopardized.

(g) (1) The following persons employed as full-time law enforcement officers by the federal, state, county, or municipal government who are empowered to effect an arrest with or without warrant for violations of the United States Code and who are authorized to carry firearms in the performance of their duties shall be empowered to act as officers for the arrest of offenders against the laws of this state and shall enjoy the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers: (A) Federal Bureau of Investigation special agents; (B) United States Secret Service special agents; (C) United States Citizenship and Immigration Services special agents, investigators, and patrol officers; (D) United States Marshals Service deputies; (E) United States Drug Enforcement Administration special agents; (F) United States Postal Service postal inspectors and special agents; (G) United States Customs and Border Protection special agents, inspectors, and patrol officers; (H) United States General Services Administration special agents; (I) United States Department of Agriculture special agents; (J) United States Bureau of Alcohol, Tobacco, Firearms, and Explosives special agents; (K) Internal Revenue Service special agents and inspectors; (L) Certified law enforcement officers of the United States Department of the Interior, National Park Service, and the United States Fish and Wildlife Service; (M) Members of federal, state, county, municipal, and prosecuting attorneys' drug task forces; (N) Certified law enforcement officers of the United States Forest Service; and (O) United States Treasury Inspector General for Tax Administration special agents. (2) If an agency described in subdivision (g)(1) of this section changes its name, the law enforcement officers described in subdivision (g)(1) of this section that are employed by the agency remain empowered to act as officers for the arrest of offenders against the laws of this state and retain the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers.

(1) The following persons employed as full-time law enforcement officers by the federal, state, county, or municipal government who are empowered to effect an arrest with or without warrant for violations of the United States Code and who are authorized to carry firearms in the performance of their duties shall be empowered to act as officers for the arrest of offenders against the laws of this state and shall enjoy the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers: (A) Federal Bureau of Investigation special agents; (B) United States Secret Service special agents; (C) United States Citizenship and Immigration Services special agents, investigators, and patrol officers; (D) United States Marshals Service deputies; (E) United States Drug Enforcement Administration special agents; (F) United States Postal Service postal inspectors and special agents; (G) United States Customs and Border Protection special agents, inspectors, and patrol officers; (H) United States General Services Administration special agents; (I) United States Department of Agriculture special agents; (J) United States Bureau of Alcohol, Tobacco, Firearms, and Explosives special agents; (K) Internal Revenue Service special agents and inspectors; (L) Certified law enforcement officers of the United States Department of the Interior, National Park Service, and the United States Fish and Wildlife Service; (M) Members of federal, state, county, municipal, and prosecuting attorneys' drug task forces; (N) Certified law enforcement officers of the United States Forest Service; and (O) United States Treasury Inspector General for Tax Administration special agents.

(A) Federal Bureau of Investigation special agents;

(B) United States Secret Service special agents;

(C) United States Citizenship and Immigration Services special agents, investigators, and patrol officers;

(D) United States Marshals Service deputies;

(E) United States Drug Enforcement Administration special agents;

(F) United States Postal Service postal inspectors and special agents;

(G) United States Customs and Border Protection special agents, inspectors, and patrol officers;

(H) United States General Services Administration special agents;

(I) United States Department of Agriculture special agents;

(J) United States Bureau of Alcohol, Tobacco, Firearms, and Explosives special agents;

(K) Internal Revenue Service special agents and inspectors;

(L) Certified law enforcement officers of the United States Department of the Interior, National Park Service, and the United States Fish and Wildlife Service;

(M) Members of federal, state, county, municipal, and prosecuting attorneys' drug task forces;

(N) Certified law enforcement officers of the United States Forest Service; and

(O) United States Treasury Inspector General for Tax Administration special agents.

(2) If an agency described in subdivision (g)(1) of this section changes its name, the law enforcement officers described in subdivision (g)(1) of this section that are employed by the agency remain empowered to act as officers for the arrest of offenders against the laws of this state and retain the same immunity, if any, to the same extent and under the same circumstances as certified state law enforcement officers.

(h) Pursuant to Article 2.124 of the Texas Code of Criminal Procedure, any certified law enforcement officer of the State of Arkansas or law enforcement officer specified in subsection (g) of this section shall be authorized to act as a law enforcement officer in the State of Texas with the same power, duties, and immunities of a peace officer of the State of Texas who is acting in the discharge of an official duty: (1) During a time in which: (A) (i) The law enforcement officer from the State of Arkansas is transporting an inmate or criminal defendant from a county in Arkansas that is on the border of Texas to a hospital or other medical facility in a county in Texas that is on the border between the two (2) states. (ii) Transportation to such a facility shall be for purposes including, but not limited to, evidentiary testing of that inmate or defendant as is authorized pursuant to laws of the State of Arkansas or for medical treatment; or (B) The law enforcement officer from the State of Arkansas is returning the inmate or defendant from the hospital or facility in Texas to an adjoining county in Arkansas; and (2) To the extent necessary to: (A) Maintain custody of the inmate or defendant while transporting the inmate or defendant; or (B) Retain custody of the inmate or defendant if the inmate or defendant escapes while being transported.

(1) During a time in which: (A) (i) The law enforcement officer from the State of Arkansas is transporting an inmate or criminal defendant from a county in Arkansas that is on the border of Texas to a hospital or other medical facility in a county in Texas that is on the border between the two (2) states. (ii) Transportation to such a facility shall be for purposes including, but not limited to, evidentiary testing of that inmate or defendant as is authorized pursuant to laws of the State of Arkansas or for medical treatment; or (B) The law enforcement officer from the State of Arkansas is returning the inmate or defendant from the hospital or facility in Texas to an adjoining county in Arkansas; and

(A) (i) The law enforcement officer from the State of Arkansas is transporting an inmate or criminal defendant from a county in Arkansas that is on the border of Texas to a hospital or other medical facility in a county in Texas that is on the border between the two (2) states. (ii) Transportation to such a facility shall be for purposes including, but not limited to, evidentiary testing of that inmate or defendant as is authorized pursuant to laws of the State of Arkansas or for medical treatment; or

(i) The law enforcement officer from the State of Arkansas is transporting an inmate or criminal defendant from a county in Arkansas that is on the border of Texas to a hospital or other medical facility in a county in Texas that is on the border between the two (2) states.

(ii) Transportation to such a facility shall be for purposes including, but not limited to, evidentiary testing of that inmate or defendant as is authorized pursuant to laws of the State of Arkansas or for medical treatment; or

(B) The law enforcement officer from the State of Arkansas is returning the inmate or defendant from the hospital or facility in Texas to an adjoining county in Arkansas; and

(2) To the extent necessary to: (A) Maintain custody of the inmate or defendant while transporting the inmate or defendant; or (B) Retain custody of the inmate or defendant if the inmate or defendant escapes while being transported.

(A) Maintain custody of the inmate or defendant while transporting the inmate or defendant; or

(B) Retain custody of the inmate or defendant if the inmate or defendant escapes while being transported.

(i) A certified law enforcement officer trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security is authorized to make an arrest in order to enforce federal immigration laws.

Amended by Act 2023, No. 852,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 913,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 946,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 423,§ 1, eff. 8/16/2013.

Crim. Code, §§ 32-35; C. & M. Dig., §§ 2903-2906; Pope's Dig., §§ 3719-3722; Acts 1983, No. 848, § 1; A.S.A. 1947, §§ 43-402 -- 43-405; Acts 1987, No. 496, § 1; 1988 (3rd Ex. Sess.), No. 32, § 1; 1989, No. 715, § 1; 1989, No. 846, § 1; 1993, No. 362, § 1; 1993, No. 436, § 1; 1995, No. 719, § 1; 2005, No. 26, § 1; 2005, No. 907, § 4; 2005, No. 1994, § 267; 2009, No. 158, § 1.
Ark. Code Ann. § 16-116-207 — AR Code / Title 16 / Chapter 116 / Subchapter 2 / Section 16-116-207
Supplier's remedy
Status: in_force

A supplier of a defective product who was not the manufacturer shall have a cause of action for indemnity from the manufacturer of a defective product arising from the supplying of the defective product. Acts 1979, No. 511, § 6; A.S.A. 1947, § 34-2806.

A supplier of a defective product who was not the manufacturer shall have a cause of action for indemnity from the manufacturer of a defective product arising from the supplying of the defective product.

Acts 1979, No. 511, § 6; A.S.A. 1947, § 34-2806.
Ark. Code Ann. § 16-13-507 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-507
Liability for loss of records
Status: in_force

Court reporters shall not be liable, criminally or civilly, for the unintentional loss, damage, or destruction of their official records which are more than five (5) years old. Acts 1981, No. 154, § 1; A.S.A. 1947, § 22-366.2.

Court reporters shall not be liable, criminally or civilly, for the unintentional loss, damage, or destruction of their official records which are more than five (5) years old.

Acts 1981, No. 154, § 1; A.S.A. 1947, § 22-366.2.
Ark. Code Ann. § 16-113-206 — AR Code / Title 16 / Chapter 113 / Subchapter 2 / Section 16-113-206
Party bound upon notice
Status: in_force

An injunction binds the party from the time he or she is informed thereof. Civil Code, § 307; C. & M. Dig., § 5820; Pope's Dig., § 7536, A.S.A. 1947, § 32-213.

An injunction binds the party from the time he or she is informed thereof.

Civil Code, § 307; C. & M. Dig., § 5820; Pope's Dig., § 7536, A.S.A. 1947, § 32-213.
Ark. Code Ann. § 16-19-908 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-908
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 61, p. 430; C. & M. Dig., § 6471; Pope's Dig., § 8433; A.S.A. 1947, § 26-1006.

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

Acts 1873, No. 135, § 61, p. 430; C. & M. Dig., § 6471; Pope's Dig., § 8433; A.S.A. 1947, § 26-1006.
Ark. Code Ann. § 16-81-105 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-105
Execution of summons and service of process
Status: in_force

Any law enforcement officer to whom any criminal summons or warrant of arrest is directed may serve or execute it in any county in the state. Init. Meas. 1936, No. 3, § 19, Acts 1937, p. 1384; Pope's Dig., § 3865; A.S.A. 1947, § 43-411; Acts 2005, No. 1994, § 248.

Any law enforcement officer to whom any criminal summons or warrant of arrest is directed may serve or execute it in any county in the state.

Init. Meas. 1936, No. 3, § 19, Acts 1937, p. 1384; Pope's Dig., § 3865; A.S.A. 1947, § 43-411; Acts 2005, No. 1994, § 248.
Ark. Code Ann. § 16-17-954 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-954
[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.
Ark. Code Ann. § 16-114-206 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-206
Burden of proof
Status: in_force

(a) In any action for medical injury, when the asserted negligence does not lie within the jury's comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving: (1) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant, the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or specialty in the locality in which he or she practices or in a similar locality; (2) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant that the medical care provider failed to act in accordance with that standard; and (3) By means of expert testimony provided only by a qualified medical expert that as a proximate result thereof the injured person suffered injuries that would not otherwise have occurred. (b) (1) Without limiting the applicability of subsection (a) of this section, when the plaintiff claims that a medical care provider failed to supply adequate information to obtain the informed consent of the injured person, the plaintiff shall have the burden of proving that the treatment, procedure, or surgery was performed in other than an emergency situation and that the medical care provider did not supply that type of information regarding the treatment, procedure, or surgery as would customarily have been given to a patient in the position of the injured person or other persons authorized to give consent for such a patient by other medical care providers with similar training and experience at the time of the treatment, procedure, or surgery in the locality in which the medical care provider practices or in a similar locality. (2) In determining whether the plaintiff has satisfied the requirements of subdivision (b)(1) of this section, the following matters shall also be considered as material issues: (A) Whether a person of ordinary intelligence and awareness in a position similar to that of the injured person or persons giving consent on his or her behalf could reasonably be expected to know of the risks or hazards inherent in such treatment, procedure, or surgery; (B) Whether the injured party or the person giving consent on his or her behalf knew of the risks or hazards inherent in such treatment, procedure, or surgery; (C) Whether the injured party would have undergone the treatment, procedure, or surgery regardless of the risk involved or whether he or she did not wish to be informed thereof; and (D) Whether it was reasonable for the medical care provider to limit disclosure of information because such disclosure could be expected to adversely and substantially affect the injured person's condition. Acts 1979, No. 709, § 2; A.S.A. 1947, § 34-2614; Acts 2003, No. 649, § 18.

(a) In any action for medical injury, when the asserted negligence does not lie within the jury's comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving: (1) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant, the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or specialty in the locality in which he or she practices or in a similar locality; (2) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant that the medical care provider failed to act in accordance with that standard; and (3) By means of expert testimony provided only by a qualified medical expert that as a proximate result thereof the injured person suffered injuries that would not otherwise have occurred.

(1) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant, the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or specialty in the locality in which he or she practices or in a similar locality;

(2) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant that the medical care provider failed to act in accordance with that standard; and

(3) By means of expert testimony provided only by a qualified medical expert that as a proximate result thereof the injured person suffered injuries that would not otherwise have occurred.

(b) (1) Without limiting the applicability of subsection (a) of this section, when the plaintiff claims that a medical care provider failed to supply adequate information to obtain the informed consent of the injured person, the plaintiff shall have the burden of proving that the treatment, procedure, or surgery was performed in other than an emergency situation and that the medical care provider did not supply that type of information regarding the treatment, procedure, or surgery as would customarily have been given to a patient in the position of the injured person or other persons authorized to give consent for such a patient by other medical care providers with similar training and experience at the time of the treatment, procedure, or surgery in the locality in which the medical care provider practices or in a similar locality. (2) In determining whether the plaintiff has satisfied the requirements of subdivision (b)(1) of this section, the following matters shall also be considered as material issues: (A) Whether a person of ordinary intelligence and awareness in a position similar to that of the injured person or persons giving consent on his or her behalf could reasonably be expected to know of the risks or hazards inherent in such treatment, procedure, or surgery; (B) Whether the injured party or the person giving consent on his or her behalf knew of the risks or hazards inherent in such treatment, procedure, or surgery; (C) Whether the injured party would have undergone the treatment, procedure, or surgery regardless of the risk involved or whether he or she did not wish to be informed thereof; and (D) Whether it was reasonable for the medical care provider to limit disclosure of information because such disclosure could be expected to adversely and substantially affect the injured person's condition.

(1) Without limiting the applicability of subsection (a) of this section, when the plaintiff claims that a medical care provider failed to supply adequate information to obtain the informed consent of the injured person, the plaintiff shall have the burden of proving that the treatment, procedure, or surgery was performed in other than an emergency situation and that the medical care provider did not supply that type of information regarding the treatment, procedure, or surgery as would customarily have been given to a patient in the position of the injured person or other persons authorized to give consent for such a patient by other medical care providers with similar training and experience at the time of the treatment, procedure, or surgery in the locality in which the medical care provider practices or in a similar locality.

(2) In determining whether the plaintiff has satisfied the requirements of subdivision (b)(1) of this section, the following matters shall also be considered as material issues: (A) Whether a person of ordinary intelligence and awareness in a position similar to that of the injured person or persons giving consent on his or her behalf could reasonably be expected to know of the risks or hazards inherent in such treatment, procedure, or surgery; (B) Whether the injured party or the person giving consent on his or her behalf knew of the risks or hazards inherent in such treatment, procedure, or surgery; (C) Whether the injured party would have undergone the treatment, procedure, or surgery regardless of the risk involved or whether he or she did not wish to be informed thereof; and (D) Whether it was reasonable for the medical care provider to limit disclosure of information because such disclosure could be expected to adversely and substantially affect the injured person's condition.

(A) Whether a person of ordinary intelligence and awareness in a position similar to that of the injured person or persons giving consent on his or her behalf could reasonably be expected to know of the risks or hazards inherent in such treatment, procedure, or surgery;

(B) Whether the injured party or the person giving consent on his or her behalf knew of the risks or hazards inherent in such treatment, procedure, or surgery;

(C) Whether the injured party would have undergone the treatment, procedure, or surgery regardless of the risk involved or whether he or she did not wish to be informed thereof; and

(D) Whether it was reasonable for the medical care provider to limit disclosure of information because such disclosure could be expected to adversely and substantially affect the injured person's condition.

Acts 1979, No. 709, § 2; A.S.A. 1947, § 34-2614; Acts 2003, No. 649, § 18.
Ark. Code Ann. § 16-13-2603 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2603
Judges and chancellors
Status: in_force

(a) (1) The qualified electors of the Eighteenth Judicial District-East shall elect: (A) One (1) circuit judge and one (1) chancellor to serve the Eighteenth Judicial District-East, each of whom shall be a resident of the Eighteenth Judicial District-East; and (B) One (1) circuit-chancery judge. (2) (A) In the Eighteenth Judicial District-East, there is created one (1) additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (B) The circuit judges, chancery judges, and circuit-chancery judges of the districts subject to this subsection may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. The judges subject to this subsection may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their district. (3) (A) The judge of the judgeship created by subdivision (a)(1)(B) 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. (B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(B) 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. (b) The qualified electors of the Eighteenth Judicial District-West shall elect one (1) circuit-chancery judge to serve the Eighteenth Judicial District-West who shall be a resident of the Eighteenth Judicial District-West. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1987, No. 846, §§ 1, 3; 1989, No. 949, § 1.

(a) (1) The qualified electors of the Eighteenth Judicial District-East shall elect: (A) One (1) circuit judge and one (1) chancellor to serve the Eighteenth Judicial District-East, each of whom shall be a resident of the Eighteenth Judicial District-East; and (B) One (1) circuit-chancery judge. (2) (A) In the Eighteenth Judicial District-East, there is created one (1) additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (B) The circuit judges, chancery judges, and circuit-chancery judges of the districts subject to this subsection may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. The judges subject to this subsection may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their district. (3) (A) The judge of the judgeship created by subdivision (a)(1)(B) 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. (B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(B) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The qualified electors of the Eighteenth Judicial District-East shall elect: (A) One (1) circuit judge and one (1) chancellor to serve the Eighteenth Judicial District-East, each of whom shall be a resident of the Eighteenth Judicial District-East; and (B) One (1) circuit-chancery judge.

(A) One (1) circuit judge and one (1) chancellor to serve the Eighteenth Judicial District-East, each of whom shall be a resident of the Eighteenth Judicial District-East; and

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

(2) (A) In the Eighteenth Judicial District-East, there is created one (1) additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (B) The circuit judges, chancery judges, and circuit-chancery judges of the districts subject to this subsection may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. The judges subject to this subsection may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their district.

(A) In the Eighteenth Judicial District-East, there is created one (1) additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate.

(B) The circuit judges, chancery judges, and circuit-chancery judges of the districts subject to this subsection may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. The judges subject to this subsection may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their district.

(3) (A) The judge of the judgeship created by subdivision (a)(1)(B) 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. (B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(B) 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.

(A) The judge of the judgeship created by subdivision (a)(1)(B) 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.

(B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(B) 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.

(b) The qualified electors of the Eighteenth Judicial District-West shall elect one (1) circuit-chancery judge to serve the Eighteenth Judicial District-West who shall be a resident of the Eighteenth Judicial District-West.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1987, No. 846, §§ 1, 3; 1989, No. 949, § 1.