Ark. Code Ann. § 16-58-101 — AR Code / Title 16 / Chapter 58 / Section 16-58-101
Payment of fees prerequisite to entry of action or issuance of writ
Status: in_force

(a) No action shall be entered upon the docket of any court nor any original mesne or final process issued in the action, except in criminal cases and cases where the state is plaintiff, until the fees for entering the case upon the docket and for issuing the writ and the taxes thereon, if any, are paid, or bond and security to the approval of the clerk given therefore. (b) No clerk shall be liable to an action for refusing to docket a cause or issue any writ unless the fee and tax thereon is first tendered or secured as provided in this section. Acts 1875, No. 77, § 8, p. 167; C. & M. Dig. § 4574; Pope's Dig., § 5658; A.S.A. 1947, § 27-302.

(a) No action shall be entered upon the docket of any court nor any original mesne or final process issued in the action, except in criminal cases and cases where the state is plaintiff, until the fees for entering the case upon the docket and for issuing the writ and the taxes thereon, if any, are paid, or bond and security to the approval of the clerk given therefore.

(b) No clerk shall be liable to an action for refusing to docket a cause or issue any writ unless the fee and tax thereon is first tendered or secured as provided in this section.

Acts 1875, No. 77, § 8, p. 167; C. & M. Dig. § 4574; Pope's Dig., § 5658; A.S.A. 1947, § 27-302.
Ark. Code Ann. § 16-58-132 — AR Code / Title 16 / Chapter 58 / Section 16-58-132
Refusal to accept process served by mail
Status: in_force

Where service of summons, process, or notice is provided for or permitted by registered or certified mail, under the laws of Arkansas, and the addressee refuses to accept delivery, and it is so stated in the return receipt of the United States Postal Service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the summons, process, or notice. Acts 1979, No. 446, § 1; A.S.A. 1947, § 27-365.

Where service of summons, process, or notice is provided for or permitted by registered or certified mail, under the laws of Arkansas, and the addressee refuses to accept delivery, and it is so stated in the return receipt of the United States Postal Service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the summons, process, or notice.

Acts 1979, No. 446, § 1; A.S.A. 1947, § 27-365.
Ark. Code Ann. § 16-19-1002 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1002
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 53, p. 430; C. & M. Dig., § 6481; Pope's Dig., § 8443; A.S.A. 1947, § 26-1101.

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

Acts 1873, No. 135, § 53, p. 430; C. & M. Dig., § 6481; Pope's Dig., § 8443; A.S.A. 1947, § 26-1101.
Ark. Code Ann. § 16-68-604 — AR Code / Title 16 / Chapter 68 / Subchapter 6 / Section 16-68-604
Affidavit of inability to pay
Status: in_force

(a) Any court of the State of Arkansas may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, without payment of fees and costs, by an incarcerated person who makes an affidavit that he or she is unable to pay such costs or give security therefor. (b) (1) (A) This affidavit shall contain complete information as to the incarcerated person's: (i) Identity; (ii) Nature and amount of income; (iii) Spouse's income, if available to the incarcerated person; (iv) Property owned; (v) Cash or checking accounts; (vi) Dependents; (vii) Debts; and (viii) Monthly expenses. (B) The incarcerated person, if applicable, shall also state the amount of money deposited in his or her inmate account for the past six (6) months. (2) The affidavit shall contain the following statements: "I, ..............., am unable to pay the filing fees and court costs described herein. I verify that the statements made in this affidavit are true and correct." (c) The Attorney General or other counsel for the defendant shall be authorized to receive information from the prison or jail verifying the financial information given by the incarcerated person. Acts 1997, No. 340, § 4.

(a) Any court of the State of Arkansas may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, without payment of fees and costs, by an incarcerated person who makes an affidavit that he or she is unable to pay such costs or give security therefor.

(b) (1) (A) This affidavit shall contain complete information as to the incarcerated person's: (i) Identity; (ii) Nature and amount of income; (iii) Spouse's income, if available to the incarcerated person; (iv) Property owned; (v) Cash or checking accounts; (vi) Dependents; (vii) Debts; and (viii) Monthly expenses. (B) The incarcerated person, if applicable, shall also state the amount of money deposited in his or her inmate account for the past six (6) months. (2) The affidavit shall contain the following statements: "I, ..............., am unable to pay the filing fees and court costs described herein. I verify that the statements made in this affidavit are true and correct."

(1) (A) This affidavit shall contain complete information as to the incarcerated person's: (i) Identity; (ii) Nature and amount of income; (iii) Spouse's income, if available to the incarcerated person; (iv) Property owned; (v) Cash or checking accounts; (vi) Dependents; (vii) Debts; and (viii) Monthly expenses. (B) The incarcerated person, if applicable, shall also state the amount of money deposited in his or her inmate account for the past six (6) months.

(A) This affidavit shall contain complete information as to the incarcerated person's: (i) Identity; (ii) Nature and amount of income; (iii) Spouse's income, if available to the incarcerated person; (iv) Property owned; (v) Cash or checking accounts; (vi) Dependents; (vii) Debts; and (viii) Monthly expenses.

(i) Identity;

(ii) Nature and amount of income;

(iii) Spouse's income, if available to the incarcerated person;

(iv) Property owned;

(v) Cash or checking accounts;

(vi) Dependents;

(vii) Debts; and

(viii) Monthly expenses.

(B) The incarcerated person, if applicable, shall also state the amount of money deposited in his or her inmate account for the past six (6) months.

(2) The affidavit shall contain the following statements: "I, ..............., am unable to pay the filing fees and court costs described herein. I verify that the statements made in this affidavit are true and correct."

(c) The Attorney General or other counsel for the defendant shall be authorized to receive information from the prison or jail verifying the financial information given by the incarcerated person.

Acts 1997, No. 340, § 4.
Ark. Code Ann. § 16-90-802 — AR Code / Title 16 / Chapter 90 / Subchapter 8 / Section 16-90-802
The Arkansas Sentencing Commission
Status: in_force

(a) There is hereby created the Arkansas Sentencing Commission, the purpose of which is to evaluate the effect of sentencing laws, policies, and practices on the criminal justice system, to make appropriate and necessary revision to the sentencing standards, and to make recommendations to the General Assembly on proposed changes of sentencing laws, policies, and practices. (b) (1) The commission shall be composed of nine (9) voting members and two (2) advisory members. (2) (A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary. (B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary. (3) The voting members of the commission shall be composed of: (A) Three (3) circuit judges; (B) Two (2) prosecuting attorneys; (C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and (D) Two (2) private citizen members. (c) (1) (A) The Governor shall appoint the voting members of the commission. (B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed. (2) The Governor shall select a chair to serve at his or her will. (3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) In furtherance of its purpose, the commission shall have the following powers and duties: (1) (A) The commission shall adopt an initial sentencing standards grid and an offense seriousness reference table based upon the statutory parameters and additional data and information gathered before January 1, 1994. (B) The commission shall also set the percentage of time within parameters set by law to be served for offenses at each seriousness level before any type of transfer or release; (2) (A) The commission shall periodically review and may revise the voluntary sentencing standards. (B) Any revision of the standards shall be in compliance with provisions applicable to rulemaking contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (C) Any revision of the standards shall become effective as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (D) (i) The revised standards will be in effect unless modified by the General Assembly at its next session or until revised again by the commission. (ii) Any revisions by the commission shall be within the statutory parameters set for the various crime classes. (E) Before review and approval by the Legislative Council under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., revisions to the voluntary sentencing standards shall be reviewed by the House Committee on Judiciary and the Senate Committee on Judiciary; (3) The commission may review and make recommendations for revision of the § 16-93-1201 et seq. target group to the General Assembly such that nonviolent offenses and offenders are routinely handled in community correction programs; (4) (A) The commission shall be in charge of strategic planning for a balanced correctional plan for the state. (B) The commission shall develop such a plan in conjunction with the Board of Corrections. (C) The commission shall monitor compliance with sentencing standards, assess their impact on the correctional resources of the state with the assistance of the board, and determine if the standards further the adopted sentencing policy goals of the state; (5) The commission may review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state; (6) (A) The commission shall develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length. (B) The commission shall prepare and submit to the General Assembly a report on any such legislation before its adoption; (7) (A) (i) All courts having criminal jurisdiction of felony crimes shall provide to the commission in a timely manner all information deemed necessary by the commission. (ii) Such information shall be in the form determined necessary by the commission. (B) The commission shall have the authority to collect from any state or local governmental entity information, data in electronic or in other usable form, reports, statistics, or such other material which relates to sentencing laws, policies, and practices, or impacts on correctional resources or is necessary to carry out the commission's functions. (C) The commission may coordinate its data collection with the Administrative Office of the Courts, the Arkansas Crime Information Center, the various circuit clerks of the state, and the various state and local correctional agencies; (8) Under its duties outlined in this section, the commission shall be a criminal justice agency, as defined in § 12-12-1001 , as its powers and duties include: (A) Determining transfer eligibility; (B) Gathering, analyzing, and disseminating criminal history information as it relates to sentencing practices, dispositions, and release criteria; and (C) Determining the appropriate use of correctional and rehabilitative resources of the state; (9) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required; (10) The commission shall collaborate with the Administrative Office of the Courts to develop and implement an integrated sentencing order that shall include: (A) Demographic information including the race and ethnicity of both the offender and the victim or victims; (B) The placement decision; (C) Sentence length; (D) Any departure from the sentencing guidelines on placement and sentence length; (E) The number of months above or below the presumptive sentence; (F) Justification for the departure; and (G) A signature space for the judge and the prosecuting attorney to sign off on the contents of the form; (11) Coordinate with the Director of the Arkansas Sentencing Commission, the Division of Correction, and the Division of Community Correction to develop policy to ensure that the intake process best utilizes beds in nontraditional correctional facilities, including without limitation community correction centers, work release centers, and reentry facilities; and (12) Upon the enactment of any legislation amending release eligibility provisions for felony offenses, review the statutory ranges and presumptive sentences of impacted offense classes or rankings and provide a report on its findings to the Secretary of the Department of Corrections and to the Legislative Council. (e) (1) The commission shall meet no less than quarterly. (2) (A) The commission shall submit to the Governor, the General Assembly, and the Arkansas Judicial Council, Inc., a biennial report three (3) months before the convening of the regular session. (B) The report shall include a summary of the commission proceedings, summary of compliance with the voluntary sentencing standards, and recommendations for legislative and administrative action. (f) (1) The commission shall employ a director from candidates presented to it by the Chair of the Arkansas Sentencing Commission in consultation with the secretary. (2) The director shall have appropriate training and experience to assist the commission in the performance of its duties. (3) The director shall be responsible for compiling the work of the commission and drafting suggested legislation incorporating the commission's findings for submission to the General Assembly. (4) The director shall serve at the pleasure of the secretary. (g) (1) The secretary shall employ such other staff and shall contract for services as are necessary to assist the commission in the performance of its duties, and as funds permit. (2) The secretary shall ensure that appropriate budgetary measures are taken to employ enough staff or contract for expert services and to purchase the technology needed to compile and process sentencing data from all judicial districts in a timely manner. Amended by Act 2023, No. 659,§ 129, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 866, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 865, eff. 7/1/2019. Acts 1993, No. 532, § 4; 1993, No. 550, § 4; 1995, No. 1170, § 6; 1997, No. 250, § 119; 2001, No. 1288, § 14; 2009, No. 962, § 36; 2011, No. 570, §§ 78, 79.

(a) There is hereby created the Arkansas Sentencing Commission, the purpose of which is to evaluate the effect of sentencing laws, policies, and practices on the criminal justice system, to make appropriate and necessary revision to the sentencing standards, and to make recommendations to the General Assembly on proposed changes of sentencing laws, policies, and practices.

(b) (1) The commission shall be composed of nine (9) voting members and two (2) advisory members. (2) (A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary. (B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary. (3) The voting members of the commission shall be composed of: (A) Three (3) circuit judges; (B) Two (2) prosecuting attorneys; (C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and (D) Two (2) private citizen members.

(1) The commission shall be composed of nine (9) voting members and two (2) advisory members.

(2) (A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary. (B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary.

(A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary.

(B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary.

(3) The voting members of the commission shall be composed of: (A) Three (3) circuit judges; (B) Two (2) prosecuting attorneys; (C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and (D) Two (2) private citizen members.

(A) Three (3) circuit judges;

(B) Two (2) prosecuting attorneys;

(C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and

(D) Two (2) private citizen members.

(c) (1) (A) The Governor shall appoint the voting members of the commission. (B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed. (2) The Governor shall select a chair to serve at his or her will. (3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(1) (A) The Governor shall appoint the voting members of the commission. (B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed.

(A) The Governor shall appoint the voting members of the commission.

(B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed.

(2) The Governor shall select a chair to serve at his or her will.

(3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(d) In furtherance of its purpose, the commission shall have the following powers and duties: (1) (A) The commission shall adopt an initial sentencing standards grid and an offense seriousness reference table based upon the statutory parameters and additional data and information gathered before January 1, 1994. (B) The commission shall also set the percentage of time within parameters set by law to be served for offenses at each seriousness level before any type of transfer or release; (2) (A) The commission shall periodically review and may revise the voluntary sentencing standards. (B) Any revision of the standards shall be in compliance with provisions applicable to rulemaking contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (C) Any revision of the standards shall become effective as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (D) (i) The revised standards will be in effect unless modified by the General Assembly at its next session or until revised again by the commission. (ii) Any revisions by the commission shall be within the statutory parameters set for the various crime classes. (E) Before review and approval by the Legislative Council under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., revisions to the voluntary sentencing standards shall be reviewed by the House Committee on Judiciary and the Senate Committee on Judiciary; (3) The commission may review and make recommendations for revision of the § 16-93-1201 et seq. target group to the General Assembly such that nonviolent offenses and offenders are routinely handled in community correction programs; (4) (A) The commission shall be in charge of strategic planning for a balanced correctional plan for the state. (B) The commission shall develop such a plan in conjunction with the Board of Corrections. (C) The commission shall monitor compliance with sentencing standards, assess their impact on the correctional resources of the state with the assistance of the board, and determine if the standards further the adopted sentencing policy goals of the state; (5) The commission may review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state; (6) (A) The commission shall develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length. (B) The commission shall prepare and submit to the General Assembly a report on any such legislation before its adoption; (7) (A) (i) All courts having criminal jurisdiction of felony crimes shall provide to the commission in a timely manner all information deemed necessary by the commission. (ii) Such information shall be in the form determined necessary by the commission. (B) The commission shall have the authority to collect from any state or local governmental entity information, data in electronic or in other usable form, reports, statistics, or such other material which relates to sentencing laws, policies, and practices, or impacts on correctional resources or is necessary to carry out the commission's functions. (C) The commission may coordinate its data collection with the Administrative Office of the Courts, the Arkansas Crime Information Center, the various circuit clerks of the state, and the various state and local correctional agencies; (8) Under its duties outlined in this section, the commission shall be a criminal justice agency, as defined in § 12-12-1001 , as its powers and duties include: (A) Determining transfer eligibility; (B) Gathering, analyzing, and disseminating criminal history information as it relates to sentencing practices, dispositions, and release criteria; and (C) Determining the appropriate use of correctional and rehabilitative resources of the state; (9) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required; (10) The commission shall collaborate with the Administrative Office of the Courts to develop and implement an integrated sentencing order that shall include: (A) Demographic information including the race and ethnicity of both the offender and the victim or victims; (B) The placement decision; (C) Sentence length; (D) Any departure from the sentencing guidelines on placement and sentence length; (E) The number of months above or below the presumptive sentence; (F) Justification for the departure; and (G) A signature space for the judge and the prosecuting attorney to sign off on the contents of the form; (11) Coordinate with the Director of the Arkansas Sentencing Commission, the Division of Correction, and the Division of Community Correction to develop policy to ensure that the intake process best utilizes beds in nontraditional correctional facilities, including without limitation community correction centers, work release centers, and reentry facilities; and (12) Upon the enactment of any legislation amending release eligibility provisions for felony offenses, review the statutory ranges and presumptive sentences of impacted offense classes or rankings and provide a report on its findings to the Secretary of the Department of Corrections and to the Legislative Council.

(1) (A) The commission shall adopt an initial sentencing standards grid and an offense seriousness reference table based upon the statutory parameters and additional data and information gathered before January 1, 1994. (B) The commission shall also set the percentage of time within parameters set by law to be served for offenses at each seriousness level before any type of transfer or release;

(A) The commission shall adopt an initial sentencing standards grid and an offense seriousness reference table based upon the statutory parameters and additional data and information gathered before January 1, 1994.

(B) The commission shall also set the percentage of time within parameters set by law to be served for offenses at each seriousness level before any type of transfer or release;

(2) (A) The commission shall periodically review and may revise the voluntary sentencing standards. (B) Any revision of the standards shall be in compliance with provisions applicable to rulemaking contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (C) Any revision of the standards shall become effective as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (D) (i) The revised standards will be in effect unless modified by the General Assembly at its next session or until revised again by the commission. (ii) Any revisions by the commission shall be within the statutory parameters set for the various crime classes. (E) Before review and approval by the Legislative Council under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., revisions to the voluntary sentencing standards shall be reviewed by the House Committee on Judiciary and the Senate Committee on Judiciary;

(A) The commission shall periodically review and may revise the voluntary sentencing standards.

(B) Any revision of the standards shall be in compliance with provisions applicable to rulemaking contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(C) Any revision of the standards shall become effective as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(D) (i) The revised standards will be in effect unless modified by the General Assembly at its next session or until revised again by the commission. (ii) Any revisions by the commission shall be within the statutory parameters set for the various crime classes.

(i) The revised standards will be in effect unless modified by the General Assembly at its next session or until revised again by the commission.

(ii) Any revisions by the commission shall be within the statutory parameters set for the various crime classes.

(E) Before review and approval by the Legislative Council under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., revisions to the voluntary sentencing standards shall be reviewed by the House Committee on Judiciary and the Senate Committee on Judiciary;

(3) The commission may review and make recommendations for revision of the § 16-93-1201 et seq. target group to the General Assembly such that nonviolent offenses and offenders are routinely handled in community correction programs;

(4) (A) The commission shall be in charge of strategic planning for a balanced correctional plan for the state. (B) The commission shall develop such a plan in conjunction with the Board of Corrections. (C) The commission shall monitor compliance with sentencing standards, assess their impact on the correctional resources of the state with the assistance of the board, and determine if the standards further the adopted sentencing policy goals of the state;

(A) The commission shall be in charge of strategic planning for a balanced correctional plan for the state.

(B) The commission shall develop such a plan in conjunction with the Board of Corrections.

(C) The commission shall monitor compliance with sentencing standards, assess their impact on the correctional resources of the state with the assistance of the board, and determine if the standards further the adopted sentencing policy goals of the state;

(5) The commission may review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state;

(6) (A) The commission shall develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length. (B) The commission shall prepare and submit to the General Assembly a report on any such legislation before its adoption;

(A) The commission shall develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length.

(B) The commission shall prepare and submit to the General Assembly a report on any such legislation before its adoption;

(7) (A) (i) All courts having criminal jurisdiction of felony crimes shall provide to the commission in a timely manner all information deemed necessary by the commission. (ii) Such information shall be in the form determined necessary by the commission. (B) The commission shall have the authority to collect from any state or local governmental entity information, data in electronic or in other usable form, reports, statistics, or such other material which relates to sentencing laws, policies, and practices, or impacts on correctional resources or is necessary to carry out the commission's functions. (C) The commission may coordinate its data collection with the Administrative Office of the Courts, the Arkansas Crime Information Center, the various circuit clerks of the state, and the various state and local correctional agencies;

(A) (i) All courts having criminal jurisdiction of felony crimes shall provide to the commission in a timely manner all information deemed necessary by the commission. (ii) Such information shall be in the form determined necessary by the commission.

(i) All courts having criminal jurisdiction of felony crimes shall provide to the commission in a timely manner all information deemed necessary by the commission.

(ii) Such information shall be in the form determined necessary by the commission.

(B) The commission shall have the authority to collect from any state or local governmental entity information, data in electronic or in other usable form, reports, statistics, or such other material which relates to sentencing laws, policies, and practices, or impacts on correctional resources or is necessary to carry out the commission's functions.

(C) The commission may coordinate its data collection with the Administrative Office of the Courts, the Arkansas Crime Information Center, the various circuit clerks of the state, and the various state and local correctional agencies;

(8) Under its duties outlined in this section, the commission shall be a criminal justice agency, as defined in § 12-12-1001 , as its powers and duties include: (A) Determining transfer eligibility; (B) Gathering, analyzing, and disseminating criminal history information as it relates to sentencing practices, dispositions, and release criteria; and (C) Determining the appropriate use of correctional and rehabilitative resources of the state;

(A) Determining transfer eligibility;

(B) Gathering, analyzing, and disseminating criminal history information as it relates to sentencing practices, dispositions, and release criteria; and

(C) Determining the appropriate use of correctional and rehabilitative resources of the state;

(9) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required;

(10) The commission shall collaborate with the Administrative Office of the Courts to develop and implement an integrated sentencing order that shall include: (A) Demographic information including the race and ethnicity of both the offender and the victim or victims; (B) The placement decision; (C) Sentence length; (D) Any departure from the sentencing guidelines on placement and sentence length; (E) The number of months above or below the presumptive sentence; (F) Justification for the departure; and (G) A signature space for the judge and the prosecuting attorney to sign off on the contents of the form;

(A) Demographic information including the race and ethnicity of both the offender and the victim or victims;

(B) The placement decision;

(C) Sentence length;

(D) Any departure from the sentencing guidelines on placement and sentence length;

(E) The number of months above or below the presumptive sentence;

(F) Justification for the departure; and

(G) A signature space for the judge and the prosecuting attorney to sign off on the contents of the form;

(11) Coordinate with the Director of the Arkansas Sentencing Commission, the Division of Correction, and the Division of Community Correction to develop policy to ensure that the intake process best utilizes beds in nontraditional correctional facilities, including without limitation community correction centers, work release centers, and reentry facilities; and

(12) Upon the enactment of any legislation amending release eligibility provisions for felony offenses, review the statutory ranges and presumptive sentences of impacted offense classes or rankings and provide a report on its findings to the Secretary of the Department of Corrections and to the Legislative Council.

(e) (1) The commission shall meet no less than quarterly. (2) (A) The commission shall submit to the Governor, the General Assembly, and the Arkansas Judicial Council, Inc., a biennial report three (3) months before the convening of the regular session. (B) The report shall include a summary of the commission proceedings, summary of compliance with the voluntary sentencing standards, and recommendations for legislative and administrative action.

(1) The commission shall meet no less than quarterly.

(2) (A) The commission shall submit to the Governor, the General Assembly, and the Arkansas Judicial Council, Inc., a biennial report three (3) months before the convening of the regular session. (B) The report shall include a summary of the commission proceedings, summary of compliance with the voluntary sentencing standards, and recommendations for legislative and administrative action.

(A) The commission shall submit to the Governor, the General Assembly, and the Arkansas Judicial Council, Inc., a biennial report three (3) months before the convening of the regular session.

(B) The report shall include a summary of the commission proceedings, summary of compliance with the voluntary sentencing standards, and recommendations for legislative and administrative action.

(f) (1) The commission shall employ a director from candidates presented to it by the Chair of the Arkansas Sentencing Commission in consultation with the secretary. (2) The director shall have appropriate training and experience to assist the commission in the performance of its duties. (3) The director shall be responsible for compiling the work of the commission and drafting suggested legislation incorporating the commission's findings for submission to the General Assembly. (4) The director shall serve at the pleasure of the secretary.

(1) The commission shall employ a director from candidates presented to it by the Chair of the Arkansas Sentencing Commission in consultation with the secretary.

(2) The director shall have appropriate training and experience to assist the commission in the performance of its duties.

(3) The director shall be responsible for compiling the work of the commission and drafting suggested legislation incorporating the commission's findings for submission to the General Assembly.

(4) The director shall serve at the pleasure of the secretary.

(g) (1) The secretary shall employ such other staff and shall contract for services as are necessary to assist the commission in the performance of its duties, and as funds permit. (2) The secretary shall ensure that appropriate budgetary measures are taken to employ enough staff or contract for expert services and to purchase the technology needed to compile and process sentencing data from all judicial districts in a timely manner.

(1) The secretary shall employ such other staff and shall contract for services as are necessary to assist the commission in the performance of its duties, and as funds permit.

(2) The secretary shall ensure that appropriate budgetary measures are taken to employ enough staff or contract for expert services and to purchase the technology needed to compile and process sentencing data from all judicial districts in a timely manner.

Amended by Act 2023, No. 659,§ 129, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 866, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 865, eff. 7/1/2019.

Acts 1993, No. 532, § 4; 1993, No. 550, § 4; 1995, No. 1170, § 6; 1997, No. 250, § 119; 2001, No. 1288, § 14; 2009, No. 962, § 36; 2011, No. 570, §§ 78, 79.
Ark. Code Ann. § 16-110-417 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-417
Handling costs for withholding
Status: in_force

(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to any court-ordered income withholding amount for the administrative cost incurred in each withholding. (b) The income withholding provisions of this section shall not apply to unemployment compensation benefits except to the extent allowed pursuant to the procedures set forth in §§ 11-10-109 and 11-10-110 . (c) The income withholding provisions of this section shall not apply to workers' compensation benefits except to the extent allowed pursuant to the procedures set forth in § 11-9-110 . Acts 1997, No. 972, § 1.

(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to any court-ordered income withholding amount for the administrative cost incurred in each withholding.

(b) The income withholding provisions of this section shall not apply to unemployment compensation benefits except to the extent allowed pursuant to the procedures set forth in §§ 11-10-109 and 11-10-110 .

(c) The income withholding provisions of this section shall not apply to workers' compensation benefits except to the extent allowed pursuant to the procedures set forth in § 11-9-110 .

Acts 1997, No. 972, § 1.
Ark. Code Ann. § 16-91-203 — AR Code / Title 16 / Chapter 91 / Subchapter 2 / Section 16-91-203
Applicability of subchapter
Status: in_force

This subchapter applies to all persons under sentence of death, including those whose cases were pending on direct review when this subchapter was passed, who file their initial applications for state post-conviction relief on or after March 31, 1997. Acts 1997, No. 925, § 6.

This subchapter applies to all persons under sentence of death, including those whose cases were pending on direct review when this subchapter was passed, who file their initial applications for state post-conviction relief on or after March 31, 1997.

Acts 1997, No. 925, § 6.
Ark. Code Ann. § 16-101-102 — AR Code / Title 16 / Chapter 101 / Section 16-101-102
Administration of veterans treatment specialty court program
Status: in_force

(a) A veterans treatment specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system. (b) Each veterans treatment specialty court shall develop a policy and procedure manual for the veterans treatment specialty court program. (c) The veterans treatment specialty court program shall offer judicial monitoring with intensive substance use disorder treatment, mental health treatment, and strict supervision of high-risk, high-need defendants as determined by a validated risk-needs assessment tool. (d) (1) A veterans treatment specialty court program team shall be designated by the veterans treatment specialty court judge to manage the veterans treatment specialty court docket. (2) Veterans treatment specialty court team members shall include: (A) A circuit judge or state district court judge; (B) A prosecuting attorney; (C) A public defender or private defense attorney; (D) One (1) or more probation officers employed by the Division of Community Correction; (E) One (1) or more treatment providers with experience in the fields of mental health and substance use disorder treatment; (F) One (1) or more local law enforcement agency representatives; (G) One (1) or more veterans justice outreach specialists; and (H) Any other individuals determined necessary by the veterans treatment specialty court judge. (e) A veterans treatment specialty court program may be pre-adjudication or post-adjudication. (f) If the veterans treatment specialty court utilizes a case management system that allows for the collection and processing of data, the veterans treatment specialty court shall collect and provide monthly data on veterans treatment specialty court program applicants and all participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under § 10-3-2901 . Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.

(a) A veterans treatment specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system.

(b) Each veterans treatment specialty court shall develop a policy and procedure manual for the veterans treatment specialty court program.

(c) The veterans treatment specialty court program shall offer judicial monitoring with intensive substance use disorder treatment, mental health treatment, and strict supervision of high-risk, high-need defendants as determined by a validated risk-needs assessment tool.

(d) (1) A veterans treatment specialty court program team shall be designated by the veterans treatment specialty court judge to manage the veterans treatment specialty court docket. (2) Veterans treatment specialty court team members shall include: (A) A circuit judge or state district court judge; (B) A prosecuting attorney; (C) A public defender or private defense attorney; (D) One (1) or more probation officers employed by the Division of Community Correction; (E) One (1) or more treatment providers with experience in the fields of mental health and substance use disorder treatment; (F) One (1) or more local law enforcement agency representatives; (G) One (1) or more veterans justice outreach specialists; and (H) Any other individuals determined necessary by the veterans treatment specialty court judge.

(1) A veterans treatment specialty court program team shall be designated by the veterans treatment specialty court judge to manage the veterans treatment specialty court docket.

(2) Veterans treatment specialty court team members shall include: (A) A circuit judge or state district court judge; (B) A prosecuting attorney; (C) A public defender or private defense attorney; (D) One (1) or more probation officers employed by the Division of Community Correction; (E) One (1) or more treatment providers with experience in the fields of mental health and substance use disorder treatment; (F) One (1) or more local law enforcement agency representatives; (G) One (1) or more veterans justice outreach specialists; and (H) Any other individuals determined necessary by the veterans treatment specialty court judge.

(A) A circuit judge or state district court judge;

(B) A prosecuting attorney;

(C) A public defender or private defense attorney;

(D) One (1) or more probation officers employed by the Division of Community Correction;

(E) One (1) or more treatment providers with experience in the fields of mental health and substance use disorder treatment;

(F) One (1) or more local law enforcement agency representatives;

(G) One (1) or more veterans justice outreach specialists; and

(H) Any other individuals determined necessary by the veterans treatment specialty court judge.

(e) A veterans treatment specialty court program may be pre-adjudication or post-adjudication.

(f) If the veterans treatment specialty court utilizes a case management system that allows for the collection and processing of data, the veterans treatment specialty court shall collect and provide monthly data on veterans treatment specialty court program applicants and all participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under § 10-3-2901 .

Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 16-87-212 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-212
Court fees and expenses
Status: in_force

(a) (1) The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents. (2) (A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel. (B) (i) Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense. (ii) The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission. (3) (A) Whenever a judge orders an authorized payment in a case involving an indigent person, a copy of the order accompanied by a detailed explanation of services rendered, time spent, and expenses incurred shall be transmitted to the commission, and the commission shall set the amount of compensation. (B) Orders as authorized throughout this chapter shall be paid by the commission provided sufficient funds are available. (b) (1) With the approval of the Executive Director of the Arkansas Public Defender Commission, trial public defenders, appointed private attorneys, and the Capital, Conflicts, and Appellate Office are authorized to utilize the services of the State Crime Laboratory for pathology and biology, toxicology, criminalistics, raw drug analysis, latent fingerprint identification, questioned documents examination, firearms and toolmarks identification, and in other such areas as the trial judge may deem necessary and appropriate. (2) If approved by the executive director, the laboratory shall provide the requested services. (c) At the discretion of the commission, capital murder cases and all proceedings under the Arkansas Rules of Criminal Procedure, Rule 37.5, shall be paid entirely by the commission. Acts 1993, No. 1193, § 10; 1997, No. 788, § 22; No. 1341, § 22; 2001, No. 1343, § 2; 2001, No. 1799, § 6; 2011, No. 39, § 1.

(a) (1) The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents. (2) (A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel. (B) (i) Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense. (ii) The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission. (3) (A) Whenever a judge orders an authorized payment in a case involving an indigent person, a copy of the order accompanied by a detailed explanation of services rendered, time spent, and expenses incurred shall be transmitted to the commission, and the commission shall set the amount of compensation. (B) Orders as authorized throughout this chapter shall be paid by the commission provided sufficient funds are available.

(1) The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents.

(2) (A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel. (B) (i) Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense. (ii) The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission.

(A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel.

(B) (i) Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense. (ii) The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission.

(i) Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense.

(ii) The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission.

(3) (A) Whenever a judge orders an authorized payment in a case involving an indigent person, a copy of the order accompanied by a detailed explanation of services rendered, time spent, and expenses incurred shall be transmitted to the commission, and the commission shall set the amount of compensation. (B) Orders as authorized throughout this chapter shall be paid by the commission provided sufficient funds are available.

(A) Whenever a judge orders an authorized payment in a case involving an indigent person, a copy of the order accompanied by a detailed explanation of services rendered, time spent, and expenses incurred shall be transmitted to the commission, and the commission shall set the amount of compensation.

(B) Orders as authorized throughout this chapter shall be paid by the commission provided sufficient funds are available.

(b) (1) With the approval of the Executive Director of the Arkansas Public Defender Commission, trial public defenders, appointed private attorneys, and the Capital, Conflicts, and Appellate Office are authorized to utilize the services of the State Crime Laboratory for pathology and biology, toxicology, criminalistics, raw drug analysis, latent fingerprint identification, questioned documents examination, firearms and toolmarks identification, and in other such areas as the trial judge may deem necessary and appropriate. (2) If approved by the executive director, the laboratory shall provide the requested services.

(1) With the approval of the Executive Director of the Arkansas Public Defender Commission, trial public defenders, appointed private attorneys, and the Capital, Conflicts, and Appellate Office are authorized to utilize the services of the State Crime Laboratory for pathology and biology, toxicology, criminalistics, raw drug analysis, latent fingerprint identification, questioned documents examination, firearms and toolmarks identification, and in other such areas as the trial judge may deem necessary and appropriate.

(2) If approved by the executive director, the laboratory shall provide the requested services.

(c) At the discretion of the commission, capital murder cases and all proceedings under the Arkansas Rules of Criminal Procedure, Rule 37.5, shall be paid entirely by the commission.

Acts 1993, No. 1193, § 10; 1997, No. 788, § 22; No. 1341, § 22; 2001, No. 1343, § 2; 2001, No. 1799, § 6; 2011, No. 39, § 1.
Ark. Code Ann. § 16-13-3303 — AR Code / Title 16 / Chapter 13 / Subchapter 33 / Section 16-13-3303
Salaries for trial court administrators
Status: in_force

(a) The salary of a trial court administrator shall: (1) Be exempt from the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) Not exceed the maximum annual salary rate authorized by the General Assembly in the applicable appropriation act; and (3) Be determined by the Administrative Office of the Courts. (b) The salaries, together with expenses authorized by law for trial court administrators to be paid from state funds, shall be paid with moneys appropriated by the General Assembly from the Trial Court Administrator Fund. (c) The total amount of salaries paid to trial court administrators and other distributions of the Trial Court Administrator Fund shall not exceed: (1) The total annual allocation authorized by the General Assembly from the State Administration of Justice Fund to the Trial Court Administrator Fund; and (2) Any remaining balances in the Trial Court Administrator Fund. Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.

(a) The salary of a trial court administrator shall: (1) Be exempt from the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) Not exceed the maximum annual salary rate authorized by the General Assembly in the applicable appropriation act; and (3) Be determined by the Administrative Office of the Courts.

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

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

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

(b) The salaries, together with expenses authorized by law for trial court administrators to be paid from state funds, shall be paid with moneys appropriated by the General Assembly from the Trial Court Administrator Fund.

(c) The total amount of salaries paid to trial court administrators and other distributions of the Trial Court Administrator Fund shall not exceed: (1) The total annual allocation authorized by the General Assembly from the State Administration of Justice Fund to the Trial Court Administrator Fund; and (2) Any remaining balances in the Trial Court Administrator Fund.

(1) The total annual allocation authorized by the General Assembly from the State Administration of Justice Fund to the Trial Court Administrator Fund; and

(2) Any remaining balances in the Trial Court Administrator Fund.

Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.
Ark. Code Ann. § 16-118-101 — AR Code / Title 16 / Chapter 118 / Section 16-118-101
Agreed cases
Status: in_force

(a) Parties to a question which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the case to any court which would have jurisdiction if an action had been brought. (b) It must appear by affidavit that the controversy is real and the proceedings are in good faith to determine the rights of the parties. (c) The court shall, upon submission of the case, hear and determine the case and render judgment as if an action were pending. (d) The case, the submission, and the judgment shall constitute the record. (e) The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action unless otherwise provided in the submission. Civil Code, §§ 719-721; C. & M. Dig., §§ 1340-1342; Pope's Dig., §§ 1565-1567; A.S.A. 1947, §§ 34-401 -- 34-403.

(a) Parties to a question which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the case to any court which would have jurisdiction if an action had been brought.

(b) It must appear by affidavit that the controversy is real and the proceedings are in good faith to determine the rights of the parties.

(c) The court shall, upon submission of the case, hear and determine the case and render judgment as if an action were pending.

(d) The case, the submission, and the judgment shall constitute the record.

(e) The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action unless otherwise provided in the submission.

Civil Code, §§ 719-721; C. & M. Dig., §§ 1340-1342; Pope's Dig., §§ 1565-1567; A.S.A. 1947, §§ 34-401 -- 34-403.
Ark. Code Ann. § 16-98-304 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-304
Cost and fees
Status: in_force

(a) The adult or juvenile drug court judge may order the offender to pay: (1) Court costs as provided in § 16-10-305 ; (2) Treatment costs; (3) Drug testing costs; (4) A local program user fee; (5) Necessary supervision fees, including any applicable residential treatment fees; (6) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that are to be paid to the Department of Community Correction; (7) Global Positioning System monitoring; and (8) Continuous alcohol monitoring fees. (b) (1) The drug court judge shall establish a schedule for the payment of costs and fees. (2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment. (3) Program user fees shall be set by the drug court judge. (4) Treatment, drug testing, continuous alcohol monitoring if ordered, and supervision costs or fees shall be paid to the respective providers. (5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the Department of Community Correction. (6) (A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 . (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 . (C) Local program user fees shall be credited to a fund known as the "drug court program fund" and appropriated by the quorum court for the benefit and administration of the drug court program. (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid. Amended by Act 2015, No. 895,§ 36, eff. 4/1/2015. Amended by Act 2013, No. 282,§ 12, eff. 3/6/2013. Acts 2003, No. 1266, § 4; 2009, No. 490, § 1.

(a) The adult or juvenile drug court judge may order the offender to pay: (1) Court costs as provided in § 16-10-305 ; (2) Treatment costs; (3) Drug testing costs; (4) A local program user fee; (5) Necessary supervision fees, including any applicable residential treatment fees; (6) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that are to be paid to the Department of Community Correction; (7) Global Positioning System monitoring; and (8) Continuous alcohol monitoring fees.

(1) Court costs as provided in § 16-10-305 ;

(2) Treatment costs;

(3) Drug testing costs;

(4) A local program user fee;

(5) Necessary supervision fees, including any applicable residential treatment fees;

(6) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that are to be paid to the Department of Community Correction;

(7) Global Positioning System monitoring; and

(8) Continuous alcohol monitoring fees.

(b) (1) The drug court judge shall establish a schedule for the payment of costs and fees. (2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment. (3) Program user fees shall be set by the drug court judge. (4) Treatment, drug testing, continuous alcohol monitoring if ordered, and supervision costs or fees shall be paid to the respective providers. (5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the Department of Community Correction. (6) (A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 . (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 . (C) Local program user fees shall be credited to a fund known as the "drug court program fund" and appropriated by the quorum court for the benefit and administration of the drug court program. (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.

(1) The drug court judge shall establish a schedule for the payment of costs and fees.

(2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment.

(3) Program user fees shall be set by the drug court judge.

(4) Treatment, drug testing, continuous alcohol monitoring if ordered, and supervision costs or fees shall be paid to the respective providers.

(5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the Department of Community Correction.

(6) (A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 . (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 . (C) Local program user fees shall be credited to a fund known as the "drug court program fund" and appropriated by the quorum court for the benefit and administration of the drug court program.

(A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 .

(B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 .

(C) Local program user fees shall be credited to a fund known as the "drug court program fund" and appropriated by the quorum court for the benefit and administration of the drug court program.

(7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.

Amended by Act 2015, No. 895,§ 36, eff. 4/1/2015.

Amended by Act 2013, No. 282,§ 12, eff. 3/6/2013.

Acts 2003, No. 1266, § 4; 2009, No. 490, § 1.
Ark. Code Ann. § 16-11-116 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-116
Employees of the Supreme Court - Bar of Arkansas
Status: in_force

(a) Pursuant to Arkansas Constitution, Amendment 28, the Supreme Court is charged with the authority and responsibility to regulate the practice of law. As of July 1, 2013, those persons who are employed by the Supreme Court to carry out these responsibilities and who are paid from the Bar of Arkansas account shall be considered employees of the State of Arkansas administered by the Supreme Court. (b) For all purposes involving annual leave, sick leave, and career service recognition as a state employee, years of service as an employee of the Supreme Court - Bar of Arkansas shall be recognized as eligible service as a state employee. (c) Notwithstanding § 19-4-801 or any other law to the contrary, employees shall be paid from cash funds of the Supreme Court derived solely from revenues received from attorney license fees and any other fees, fines, interest income, or other revenues derived from the regulation of the practice of law that may be deposited into the Bar of Arkansas account as determined by the Supreme Court. (d) (1) (A) On July 1, 2013, the Bar of Arkansas Employees Pension Plan shall be abolished, and its power, duties, plan liabilities and assets shall be transferred to and assumed by the Arkansas Public Employees' Retirement System, together with all accrued service credit due its members. (B) All current members and beneficiaries of the Bar of Arkansas Employees Pension Plan shall be members of the Arkansas Public Employees' Retirement System and covered by that system's eligibility, retirement and beneficiary provisions, except that those employees who were members of the Bar of Arkansas Employees Pension Plan and who were eligible for the lump-sum distribution provisions of that plan as referenced in Section 9.2(h) of the official plan document shall retain those rights as provided by the Bar of Arkansas Employees Pension Plan. (2) Employees of the Supreme Court - Bar of Arkansas who are hired after July 1, 2013, shall be enrolled in the Arkansas Public Employees' Retirement System as a condition of employment as provided for in § 24-4-301 . Added by Act 2013, No. 1026,§ 8, eff. 7/1/2013.

(a) Pursuant to Arkansas Constitution, Amendment 28, the Supreme Court is charged with the authority and responsibility to regulate the practice of law. As of July 1, 2013, those persons who are employed by the Supreme Court to carry out these responsibilities and who are paid from the Bar of Arkansas account shall be considered employees of the State of Arkansas administered by the Supreme Court.

(b) For all purposes involving annual leave, sick leave, and career service recognition as a state employee, years of service as an employee of the Supreme Court - Bar of Arkansas shall be recognized as eligible service as a state employee.

(c) Notwithstanding § 19-4-801 or any other law to the contrary, employees shall be paid from cash funds of the Supreme Court derived solely from revenues received from attorney license fees and any other fees, fines, interest income, or other revenues derived from the regulation of the practice of law that may be deposited into the Bar of Arkansas account as determined by the Supreme Court.

(d) (1) (A) On July 1, 2013, the Bar of Arkansas Employees Pension Plan shall be abolished, and its power, duties, plan liabilities and assets shall be transferred to and assumed by the Arkansas Public Employees' Retirement System, together with all accrued service credit due its members. (B) All current members and beneficiaries of the Bar of Arkansas Employees Pension Plan shall be members of the Arkansas Public Employees' Retirement System and covered by that system's eligibility, retirement and beneficiary provisions, except that those employees who were members of the Bar of Arkansas Employees Pension Plan and who were eligible for the lump-sum distribution provisions of that plan as referenced in Section 9.2(h) of the official plan document shall retain those rights as provided by the Bar of Arkansas Employees Pension Plan. (2) Employees of the Supreme Court - Bar of Arkansas who are hired after July 1, 2013, shall be enrolled in the Arkansas Public Employees' Retirement System as a condition of employment as provided for in § 24-4-301 .

(1) (A) On July 1, 2013, the Bar of Arkansas Employees Pension Plan shall be abolished, and its power, duties, plan liabilities and assets shall be transferred to and assumed by the Arkansas Public Employees' Retirement System, together with all accrued service credit due its members. (B) All current members and beneficiaries of the Bar of Arkansas Employees Pension Plan shall be members of the Arkansas Public Employees' Retirement System and covered by that system's eligibility, retirement and beneficiary provisions, except that those employees who were members of the Bar of Arkansas Employees Pension Plan and who were eligible for the lump-sum distribution provisions of that plan as referenced in Section 9.2(h) of the official plan document shall retain those rights as provided by the Bar of Arkansas Employees Pension Plan.

(A) On July 1, 2013, the Bar of Arkansas Employees Pension Plan shall be abolished, and its power, duties, plan liabilities and assets shall be transferred to and assumed by the Arkansas Public Employees' Retirement System, together with all accrued service credit due its members.

(B) All current members and beneficiaries of the Bar of Arkansas Employees Pension Plan shall be members of the Arkansas Public Employees' Retirement System and covered by that system's eligibility, retirement and beneficiary provisions, except that those employees who were members of the Bar of Arkansas Employees Pension Plan and who were eligible for the lump-sum distribution provisions of that plan as referenced in Section 9.2(h) of the official plan document shall retain those rights as provided by the Bar of Arkansas Employees Pension Plan.

(2) Employees of the Supreme Court - Bar of Arkansas who are hired after July 1, 2013, shall be enrolled in the Arkansas Public Employees' Retirement System as a condition of employment as provided for in § 24-4-301 .

Added by Act 2013, No. 1026,§ 8, eff. 7/1/2013.
Ark. Code Ann. § 16-90-1116 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1116
Arkansas In-Life Photograph Act
Status: in_force

(a) This section shall be known and may be cited as the "Arkansas In-Life Photograph Act". (b) (1) In a homicide case, the state has a right to have a photograph depicting the deceased person as he or she appeared in life before the crime occurred admitted and displayed at trial during the state's case-in-chief, if the photograph is submitted by the prosecution and is a reasonable, accurate, and appropriate depiction of the deceased person, subject to Rule 403 of the Arkansas Rules of Evidence and any other rule or law. (2) The court may limit the size of the photograph, the length of time the photograph is displayed, and give a limiting instruction to the jury as to the weight the photograph should be afforded. Added by Act 2021, No. 1096,§ 2, eff. 7/28/2021.

(a) This section shall be known and may be cited as the "Arkansas In-Life Photograph Act".

(b) (1) In a homicide case, the state has a right to have a photograph depicting the deceased person as he or she appeared in life before the crime occurred admitted and displayed at trial during the state's case-in-chief, if the photograph is submitted by the prosecution and is a reasonable, accurate, and appropriate depiction of the deceased person, subject to Rule 403 of the Arkansas Rules of Evidence and any other rule or law. (2) The court may limit the size of the photograph, the length of time the photograph is displayed, and give a limiting instruction to the jury as to the weight the photograph should be afforded.

(1) In a homicide case, the state has a right to have a photograph depicting the deceased person as he or she appeared in life before the crime occurred admitted and displayed at trial during the state's case-in-chief, if the photograph is submitted by the prosecution and is a reasonable, accurate, and appropriate depiction of the deceased person, subject to Rule 403 of the Arkansas Rules of Evidence and any other rule or law.

(2) The court may limit the size of the photograph, the length of time the photograph is displayed, and give a limiting instruction to the jury as to the weight the photograph should be afforded.

Added by Act 2021, No. 1096,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 16-130-103 — AR Code / Title 16 / Chapter 130 / Section 16-130-103
Definitions
Status: in_force

As used in this chapter: (1) "Covered entity" means: (A) An elementary school, high school, secondary school, or postsecondary school that is located in Arkansas and receives state funds; (B) Any other school or institution that is located in Arkansas whose students or teams compete in interscholastic, intercollegiate, intramural, or club athletic teams or sports against an entity defined in subdivision (1)(A) of this section; and (C) An entity that receives membership fees or any other funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of this section; and (2) "Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth. Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.

As used in this chapter:

(1) "Covered entity" means: (A) An elementary school, high school, secondary school, or postsecondary school that is located in Arkansas and receives state funds; (B) Any other school or institution that is located in Arkansas whose students or teams compete in interscholastic, intercollegiate, intramural, or club athletic teams or sports against an entity defined in subdivision (1)(A) of this section; and (C) An entity that receives membership fees or any other funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of this section; and

(A) An elementary school, high school, secondary school, or postsecondary school that is located in Arkansas and receives state funds;

(B) Any other school or institution that is located in Arkansas whose students or teams compete in interscholastic, intercollegiate, intramural, or club athletic teams or sports against an entity defined in subdivision (1)(A) of this section; and

(C) An entity that receives membership fees or any other funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of this section; and

(2) "Sex" means a person's immutable biological sex as objectively determined by anatomy and genetics existing at the time of birth.

Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-67-208 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-208
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Acts 1873, No. 31, § 28, p. 53; C. & M. Dig., § 2293; Pope's Dig., § 2919; A.S.A. 1947, § 27-2008.

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

Acts 1873, No. 31, § 28, p. 53; C. & M. Dig., § 2293; Pope's Dig., § 2919; A.S.A. 1947, § 27-2008.
Ark. Code Ann. § 16-105-203 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-203
Penalties
Status: in_force

(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt. (b) Upon conviction for the contempt, the person shall be guilty of a Class B misdemeanor. The building or place shall be closed and not thereafter used for any purpose whatever for a period of twelve (12) months, except by order of the court having cognizance of the case. Acts 1915, No. 109, § 7; C. & M. Dig., § 6202; Pope's Dig., § 10924; A.S.A. 1947, § 34-107; Acts 2005, No. 1994, § 397.

(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt.

(b) Upon conviction for the contempt, the person shall be guilty of a Class B misdemeanor. The building or place shall be closed and not thereafter used for any purpose whatever for a period of twelve (12) months, except by order of the court having cognizance of the case.

Acts 1915, No. 109, § 7; C. & M. Dig., § 6202; Pope's Dig., § 10924; A.S.A. 1947, § 34-107; Acts 2005, No. 1994, § 397.
Ark. Code Ann. § 16-112-114 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-114
Witnesses
Status: in_force

(a) The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power to compel the attendance of witnesses or to punish a contempt of his or her authority, as a court of record has. His or her judgment on the trial of the writ shall be considered and be enforced as if it were a judgment of the court. (b) At the discretion of the judge before whom the writ is returned, the affidavits of witnesses taken by either party, on reasonable notice to his or her agent or attorney, may be read as evidence on the trial of the return. However, no county judge or circuit judge shall hear or permit any evidence on the hearing or examination before him or her, other than the return to the writ, if the process or commitment shall appear regular on its face. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5111, 5112; Pope's Dig., §§ 6374, 6375; A.S.A. 1947, §§ 34-1728, 34-1729.

(a) The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power to compel the attendance of witnesses or to punish a contempt of his or her authority, as a court of record has. His or her judgment on the trial of the writ shall be considered and be enforced as if it were a judgment of the court.

(b) At the discretion of the judge before whom the writ is returned, the affidavits of witnesses taken by either party, on reasonable notice to his or her agent or attorney, may be read as evidence on the trial of the return. However, no county judge or circuit judge shall hear or permit any evidence on the hearing or examination before him or her, other than the return to the writ, if the process or commitment shall appear regular on its face.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5111, 5112; Pope's Dig., §§ 6374, 6375; A.S.A. 1947, §§ 34-1728, 34-1729.
Ark. Code Ann. § 16-43-801 — AR Code / Title 16 / Chapter 43 / Subchapter 8 / Section 16-43-801
Witness fees generally
Status: in_force

Witnesses shall be allowed compensation as follows: (1) For attendance before any circuit court, arbitration, auditor, commissioner, or other persons in civil cases, five dollars ($5.00) per day; and (2) For attendance in criminal cases, five dollars ($5.00) per day. Acts 1875, No. 77, § 39, p. 167; C. & M. Dig., § 4611; Pope's Dig., § 5700; Acts 1969, No. 157, § 1; 1975, No. 344, § 1; A.S.A. 1947, § 28-524; Acts 2005, No. 1994, § 264.

Witnesses shall be allowed compensation as follows:

(1) For attendance before any circuit court, arbitration, auditor, commissioner, or other persons in civil cases, five dollars ($5.00) per day; and

(2) For attendance in criminal cases, five dollars ($5.00) per day.

Acts 1875, No. 77, § 39, p. 167; C. & M. Dig., § 4611; Pope's Dig., § 5700; Acts 1969, No. 157, § 1; 1975, No. 344, § 1; A.S.A. 1947, § 28-524; Acts 2005, No. 1994, § 264.
Ark. Code Ann. § 16-66-212 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-212
Right of homestead not lost by failure to schedule - Wife may claim
Status: in_force

(a) A debtor's right of homestead shall not be lost or forfeited by his or her omission to select and claim it as exempt before the sale thereof on execution, nor by his or her failure to file a description or schedule of the homestead in the recorder's or clerk's office. (b) The debtor may select and claim his or her homestead after or before its sale on execution and may set up his or her right of homestead when suit is brought against him or her for possession. (c) If a spouse neglects or refuses to make such claim, his or her spouse may intervene and set it up. (d) If the debtor does not reside on his or her homestead and is the owner of more land than he or she is entitled to hold as a homestead, the debtor or his or her spouse, as the case may be, shall select the homestead before sale. Acts 1887, No. 64, § 2, p. 90; C. & M. Dig., § 5543; Pope's Dig., § 7182; A.S.A. 1947, § 30-210.

(a) A debtor's right of homestead shall not be lost or forfeited by his or her omission to select and claim it as exempt before the sale thereof on execution, nor by his or her failure to file a description or schedule of the homestead in the recorder's or clerk's office.

(b) The debtor may select and claim his or her homestead after or before its sale on execution and may set up his or her right of homestead when suit is brought against him or her for possession.

(c) If a spouse neglects or refuses to make such claim, his or her spouse may intervene and set it up.

(d) If the debtor does not reside on his or her homestead and is the owner of more land than he or she is entitled to hold as a homestead, the debtor or his or her spouse, as the case may be, shall select the homestead before sale.

Acts 1887, No. 64, § 2, p. 90; C. & M. Dig., § 5543; Pope's Dig., § 7182; A.S.A. 1947, § 30-210.
Ark. Code Ann. § 16-32-108 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-108
Additional jurors
Status: in_force

(a) (1) If at any time it appears that a sufficient number of qualified jurors are not available to try scheduled cases, additional names may be drawn and recorded in the jury book in open court or randomly selected by computer program described in § 16-32-103 . These jurors shall be summoned as provided in § 16-32-106(b) . (2) (A) The circuit judge may direct the circuit clerk who selected the original names placed in the jury wheel or box to submit the names and last known addresses of additional registered voters whom the circuit clerk shall select in the manner provided by § 16-32-103(a) -(d). (B) These names and addresses shall be placed by the circuit clerk within the jury wheel or box when it is next unlocked in open court and prior to any additional drawing of jurors, and a master list shall be presented to the court as provided in § 16-32-103(a) -(d). (b) The drawing and recording of additional jurors pursuant to subdivisions (a)(1) and (2) of this section may be accomplished by a computerized random jury selection process. Amended by Act 2017, No. 600,§ 5, eff. 8/1/2017. Acts 1975, No. 485, § 4; A.S.A. 1947, § 39-212.1; Acts 2005, No. 87, § 6.

(a) (1) If at any time it appears that a sufficient number of qualified jurors are not available to try scheduled cases, additional names may be drawn and recorded in the jury book in open court or randomly selected by computer program described in § 16-32-103 . These jurors shall be summoned as provided in § 16-32-106(b) . (2) (A) The circuit judge may direct the circuit clerk who selected the original names placed in the jury wheel or box to submit the names and last known addresses of additional registered voters whom the circuit clerk shall select in the manner provided by § 16-32-103(a) -(d). (B) These names and addresses shall be placed by the circuit clerk within the jury wheel or box when it is next unlocked in open court and prior to any additional drawing of jurors, and a master list shall be presented to the court as provided in § 16-32-103(a) -(d).

(1) If at any time it appears that a sufficient number of qualified jurors are not available to try scheduled cases, additional names may be drawn and recorded in the jury book in open court or randomly selected by computer program described in § 16-32-103 . These jurors shall be summoned as provided in § 16-32-106(b) .

(2) (A) The circuit judge may direct the circuit clerk who selected the original names placed in the jury wheel or box to submit the names and last known addresses of additional registered voters whom the circuit clerk shall select in the manner provided by § 16-32-103(a) -(d). (B) These names and addresses shall be placed by the circuit clerk within the jury wheel or box when it is next unlocked in open court and prior to any additional drawing of jurors, and a master list shall be presented to the court as provided in § 16-32-103(a) -(d).

(A) The circuit judge may direct the circuit clerk who selected the original names placed in the jury wheel or box to submit the names and last known addresses of additional registered voters whom the circuit clerk shall select in the manner provided by § 16-32-103(a) -(d).

(B) These names and addresses shall be placed by the circuit clerk within the jury wheel or box when it is next unlocked in open court and prior to any additional drawing of jurors, and a master list shall be presented to the court as provided in § 16-32-103(a) -(d).

(b) The drawing and recording of additional jurors pursuant to subdivisions (a)(1) and (2) of this section may be accomplished by a computerized random jury selection process.

Amended by Act 2017, No. 600,§ 5, eff. 8/1/2017.

Acts 1975, No. 485, § 4; A.S.A. 1947, § 39-212.1; Acts 2005, No. 87, § 6.
Ark. Code Ann. § 16-66-418 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-418
Discovery in aid of execution - Equitable proceedings - Attachment
Status: in_force

(a) (1) After an execution of fieri facias directed to the county in which the judgment was rendered or to the county of the defendant's residence is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the execution, the plaintiff in the execution may institute an action in the court from which the execution issued, or in the court of any county in which the defendant resides or is summoned, for the discovery of any money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled, and for subjecting the money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled to the satisfaction of the judgment. (2) In such actions, persons indebted to the defendant in the execution or holding the money or property in which he has an interest, or holding the evidences or securities for the same, may be also made defendants. (b) The answers of each defendant shall be verified by his or her own oath and not by that of an agent or attorney, and the court shall enforce full and explicit discoveries in the answers by attachment. (c) In the actions mentioned in the preceding subsections, the plaintiff may have an attachment against the property of the defendant in the execution, similar to the general attachments provided for in Chapter III of Title VIII of the code, without either the affidavit or bond therein required. (d) A lien shall be created upon the property of the defendant, the levy of the attachment, or service of the summons with the object of the action endorsed thereon, on the person holding or controlling his property. (e) The court shall enforce the surrender of the money, or security therefor, or of any other property of the defendant in the execution which may be discovered in the action. For this purpose, the court may commit to jail any defendant or garnishee failing or refusing to make such surrender, until it shall be done, or the court is satisfied that it is out of his or her power to do so. Civil Code, §§ 473-477; C. & M. Dig., §§ 4366, 4368-4371; Pope's Dig., §§ 5378, 5380-5383; A.S.A. 1947, §§ 30-901 -- 30-905; Acts 2003, No. 1185, § 202.

(a) (1) After an execution of fieri facias directed to the county in which the judgment was rendered or to the county of the defendant's residence is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the execution, the plaintiff in the execution may institute an action in the court from which the execution issued, or in the court of any county in which the defendant resides or is summoned, for the discovery of any money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled, and for subjecting the money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled to the satisfaction of the judgment. (2) In such actions, persons indebted to the defendant in the execution or holding the money or property in which he has an interest, or holding the evidences or securities for the same, may be also made defendants.

(1) After an execution of fieri facias directed to the county in which the judgment was rendered or to the county of the defendant's residence is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the execution, the plaintiff in the execution may institute an action in the court from which the execution issued, or in the court of any county in which the defendant resides or is summoned, for the discovery of any money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled, and for subjecting the money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled to the satisfaction of the judgment.

(2) In such actions, persons indebted to the defendant in the execution or holding the money or property in which he has an interest, or holding the evidences or securities for the same, may be also made defendants.

(b) The answers of each defendant shall be verified by his or her own oath and not by that of an agent or attorney, and the court shall enforce full and explicit discoveries in the answers by attachment.

(c) In the actions mentioned in the preceding subsections, the plaintiff may have an attachment against the property of the defendant in the execution, similar to the general attachments provided for in Chapter III of Title VIII of the code, without either the affidavit or bond therein required.

(d) A lien shall be created upon the property of the defendant, the levy of the attachment, or service of the summons with the object of the action endorsed thereon, on the person holding or controlling his property.

(e) The court shall enforce the surrender of the money, or security therefor, or of any other property of the defendant in the execution which may be discovered in the action. For this purpose, the court may commit to jail any defendant or garnishee failing or refusing to make such surrender, until it shall be done, or the court is satisfied that it is out of his or her power to do so.

Civil Code, §§ 473-477; C. & M. Dig., §§ 4366, 4368-4371; Pope's Dig., §§ 5378, 5380-5383; A.S.A. 1947, §§ 30-901 -- 30-905; Acts 2003, No. 1185, § 202.
Ark. Code Ann. § 16-61-104 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-104
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 25, eff. 8/16/2013. Civil Code, §§ 48, 50; Acts 1871, No. 48, § 1 [50], p. 219; C. & M. Dig., §§ 1113, 1115; Pope's Dig., §§ 1329, 1331; A.S.A. 1947, §§ 27-825, 27-827.

Repealed by Act 2013, No. 1148,§ 25, eff. 8/16/2013.

Civil Code, §§ 48, 50; Acts 1871, No. 48, § 1 [50], p. 219; C. & M. Dig., §§ 1113, 1115; Pope's Dig., §§ 1329, 1331; A.S.A. 1947, §§ 27-825, 27-827.
Ark. Code Ann. § 16-46-107 — AR Code / Title 16 / Chapter 46 / Subchapter 1 / Section 16-46-107
Identification of medical bills at trial
Status: in_force

(a) Upon the trial of any civil case involving injury, disease, or disability, the patient, a member of his family, or any other person responsible for the care of the patient shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills, and similar bills for expenses incurred in the treatment of the patient upon a showing by the witness that such bills were received from a licensed practicing physician, hospital, ambulance service, pharmacy, drug store, or supplier of therapeutic or orthopedic devices, and that such expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial. (b) Such items of evidence need not be identified by the person who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. Acts 1993, No. 424, § 1.

(a) Upon the trial of any civil case involving injury, disease, or disability, the patient, a member of his family, or any other person responsible for the care of the patient shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills, and similar bills for expenses incurred in the treatment of the patient upon a showing by the witness that such bills were received from a licensed practicing physician, hospital, ambulance service, pharmacy, drug store, or supplier of therapeutic or orthopedic devices, and that such expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial.

(b) Such items of evidence need not be identified by the person who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary.

Acts 1993, No. 424, § 1.
Ark. Code Ann. § 16-33-302 — AR Code / Title 16 / Chapter 33 / Subchapter 3 / Section 16-33-302
Challenge to trial jurors generally
Status: in_force

A challenge is an objection to the trial jurors and is of two (2) kinds: (1) To the panel; (2) To the individual juror. Crim. Code, § 199; C. & M. Dig., § 3151; Pope's Dig., § 3986; A.S.A. 1947, § 43-1910.

A challenge is an objection to the trial jurors and is of two (2) kinds:

(1) To the panel;

(2) To the individual juror.

Crim. Code, § 199; C. & M. Dig., § 3151; Pope's Dig., § 3986; A.S.A. 1947, § 43-1910.
Ark. Code Ann. § 16-68-305 — AR Code / Title 16 / Chapter 68 / Subchapter 3 / Section 16-68-305
Requirement of additional security
Status: in_force

In an action in which a bond for costs has been given, the defendant, at any time before judgment and after reasonable notice to the plaintiff, may move the court for additional security on the part of the plaintiff. If, on the motion, the court is satisfied that the surety in the plaintiff's bond has removed from the state, or is not sufficient for the amount of the bond, it may dismiss the action, unless, in a reasonable time to be fixed by the court, sufficient security is given by the plaintiff. Civil Code, § 702; C. & M. Dig., § 1848; Pope's Dig., § 2367; A.S.A. 1947, § 27-2306.

In an action in which a bond for costs has been given, the defendant, at any time before judgment and after reasonable notice to the plaintiff, may move the court for additional security on the part of the plaintiff. If, on the motion, the court is satisfied that the surety in the plaintiff's bond has removed from the state, or is not sufficient for the amount of the bond, it may dismiss the action, unless, in a reasonable time to be fixed by the court, sufficient security is given by the plaintiff.

Civil Code, § 702; C. & M. Dig., § 1848; Pope's Dig., § 2367; A.S.A. 1947, § 27-2306.
Ark. Code Ann. § 16-66-110 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-110
Endorsement of sheriff
Status: in_force

Every sheriff or other officer to whom any execution may be delivered shall endorse thereon the hour, day of the month, and year when it came to his or her hands. Rev. Stat., ch. 60, § 25; C. & M. Dig., § 4269; Pope's Dig., § 5281; A.S.A. 1947, § 30-115.

Every sheriff or other officer to whom any execution may be delivered shall endorse thereon the hour, day of the month, and year when it came to his or her hands.

Rev. Stat., ch. 60, § 25; C. & M. Dig., § 4269; Pope's Dig., § 5281; A.S.A. 1947, § 30-115.
Ark. Code Ann. § 16-19-1010 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1010
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 85-87, p. 430; C. & M. Dig., §§ 6496, 6498, 6499; Pope's Dig., §§ 8458, 8460, 8461; A.S.A. 1947, §§ 26-1117 -- 26-1119.

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

Acts 1873, No. 135, §§ 85-87, p. 430; C. & M. Dig., §§ 6496, 6498, 6499; Pope's Dig., §§ 8458, 8460, 8461; A.S.A. 1947, §§ 26-1117 -- 26-1119.
Ark. Code Ann. § 16-114-208 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-208
Damage awards - Periodic payment of future damages
Status: in_force

(a) (1) (A) The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodial care, loss of services, and loss of earnings or earning capacity. (B) Any evidence of damages for the cost of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible. (2) The damages awarded may include compensation for pain and suffering and other noneconomic loss recognized by law. (b) In the event of a verdict for the plaintiff, the finder of fact shall separately state its awards for both past and future economic losses and for both past and future noneconomic losses. (c) (1) In the event of a judgment for the plaintiff, if the award for future damages exceeds one hundred thousand dollars ($100,000), the court, at the request of either party, shall order that the future damages of the injured person exceeding one hundred thousand dollars ($100,000) be paid, in whole or in part, by periodic payments as determined by the court, rather than by lump-sum payment, on such terms and conditions as the court deems just and equitable in order to protect the plaintiff's rights to future payments. (2) As a condition to authorizing periodic payments of future damages, the court may order a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages. (3) In the event of the death of the injured person prior to completion of installment payments of principal and interest upon motion of any party in interest, the court shall modify the order by deducting from the remaining balance the amount representing unpaid compensation for future pain and suffering and future expenses of care and by ordering the remainder to be paid into and become a part of the estate of the decedent. Acts 1979, No. 709, § 7; A.S.A. 1947, § 34-2619; Acts 2003, No. 649, §§ 19, 20.

(a) (1) (A) The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodial care, loss of services, and loss of earnings or earning capacity. (B) Any evidence of damages for the cost of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible. (2) The damages awarded may include compensation for pain and suffering and other noneconomic loss recognized by law.

(1) (A) The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodial care, loss of services, and loss of earnings or earning capacity. (B) Any evidence of damages for the cost of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible.

(A) The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodial care, loss of services, and loss of earnings or earning capacity.

(B) Any evidence of damages for the cost of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible.

(2) The damages awarded may include compensation for pain and suffering and other noneconomic loss recognized by law.

(b) In the event of a verdict for the plaintiff, the finder of fact shall separately state its awards for both past and future economic losses and for both past and future noneconomic losses.

(c) (1) In the event of a judgment for the plaintiff, if the award for future damages exceeds one hundred thousand dollars ($100,000), the court, at the request of either party, shall order that the future damages of the injured person exceeding one hundred thousand dollars ($100,000) be paid, in whole or in part, by periodic payments as determined by the court, rather than by lump-sum payment, on such terms and conditions as the court deems just and equitable in order to protect the plaintiff's rights to future payments. (2) As a condition to authorizing periodic payments of future damages, the court may order a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages. (3) In the event of the death of the injured person prior to completion of installment payments of principal and interest upon motion of any party in interest, the court shall modify the order by deducting from the remaining balance the amount representing unpaid compensation for future pain and suffering and future expenses of care and by ordering the remainder to be paid into and become a part of the estate of the decedent.

(1) In the event of a judgment for the plaintiff, if the award for future damages exceeds one hundred thousand dollars ($100,000), the court, at the request of either party, shall order that the future damages of the injured person exceeding one hundred thousand dollars ($100,000) be paid, in whole or in part, by periodic payments as determined by the court, rather than by lump-sum payment, on such terms and conditions as the court deems just and equitable in order to protect the plaintiff's rights to future payments.

(2) As a condition to authorizing periodic payments of future damages, the court may order a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages.

(3) In the event of the death of the injured person prior to completion of installment payments of principal and interest upon motion of any party in interest, the court shall modify the order by deducting from the remaining balance the amount representing unpaid compensation for future pain and suffering and future expenses of care and by ordering the remainder to be paid into and become a part of the estate of the decedent.

Acts 1979, No. 709, § 7; A.S.A. 1947, § 34-2619; Acts 2003, No. 649, §§ 19, 20.
Ark. Code Ann. § 16-123-325 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-325
Charge
Status: in_force

(a) A charge issued under § 16-123-324 shall: (1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur; (2) Be based on the investigation; and (3) Not necessarily be limited to the facts or grounds alleged in the complaint. (b) The director shall immediately send a copy of the charge with information concerning the process of election of judicial determination, as under § 16-123-329 , to: (1) Each respondent, together with a notice of the opportunity for a hearing provided by § 16-123-331 ; and (2) Each aggrieved person on whose behalf the complaint was filed. Acts 2001, No. 1785, § 26; 2003, No. 1775, § 5.

(a) A charge issued under § 16-123-324 shall: (1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur; (2) Be based on the investigation; and (3) Not necessarily be limited to the facts or grounds alleged in the complaint.

(1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur;

(2) Be based on the investigation; and

(3) Not necessarily be limited to the facts or grounds alleged in the complaint.

(b) The director shall immediately send a copy of the charge with information concerning the process of election of judicial determination, as under § 16-123-329 , to: (1) Each respondent, together with a notice of the opportunity for a hearing provided by § 16-123-331 ; and (2) Each aggrieved person on whose behalf the complaint was filed.

(1) Each respondent, together with a notice of the opportunity for a hearing provided by § 16-123-331 ; and

(2) Each aggrieved person on whose behalf the complaint was filed.

Acts 2001, No. 1785, § 26; 2003, No. 1775, § 5.
Ark. Code Ann. § 16-22-305 — AR Code / Title 16 / Chapter 22 / Subchapter 3 / Section 16-22-305
Unnecessary costs satisfied by attorney
Status: in_force

If any attorney at law or other person admitted to conduct causes in any court in the State of Arkansas appears to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, he shall be required, by order of the court, to satisfy any excess of costs so increased. Acts 1915, No. 240, § 2; C. & M. Dig., § 607; Pope's Dig., § 647; A.S.A. 1947, § 25-303.

If any attorney at law or other person admitted to conduct causes in any court in the State of Arkansas appears to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, he shall be required, by order of the court, to satisfy any excess of costs so increased.

Acts 1915, No. 240, § 2; C. & M. Dig., § 607; Pope's Dig., § 647; A.S.A. 1947, § 25-303.
Ark. Code Ann. § 16-110-307 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-307
Procedure
Status: in_force

The attachment shall proceed in like manner in all other respects, and like judgment and execution shall be had, as in other cases of attachment. Rev. Stat., ch. 14, § 7; C. & M. Dig., § 593; Pope's Dig., § 630; A.S.A. 1947, § 31-409.

The attachment shall proceed in like manner in all other respects, and like judgment and execution shall be had, as in other cases of attachment.

Rev. Stat., ch. 14, § 7; C. & M. Dig., § 593; Pope's Dig., § 630; A.S.A. 1947, § 31-409.
Ark. Code Ann. § 16-87-305 — AR Code / Title 16 / Chapter 87 / Subchapter 3 / Section 16-87-305
Salaries of public defenders
Status: in_force

(a) The entry level salaries of public defenders and public defender staff positions shall be consistent with that established by the state pay plan for the appropriate grade of each position. (b) The public defenders and public defender staff positions shall be subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. Acts 1997, No. 788, § 15; 1997, No. 1341, § 15; 1999, No. 1488, § 1.

(a) The entry level salaries of public defenders and public defender staff positions shall be consistent with that established by the state pay plan for the appropriate grade of each position.

(b) The public defenders and public defender staff positions shall be subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.

Acts 1997, No. 788, § 15; 1997, No. 1341, § 15; 1999, No. 1488, § 1.
Ark. Code Ann. § 16-7-101 — AR Code / Title 16 / Chapter 7 / Subchapter 1 / Section 16-7-101
Purpose
Status: in_force

The purpose of this subchapter is to encourage, promote, and develop voluntary alternative processes throughout the state to resolve disputes, cases, and controversies of all kinds. Acts 1995, No. 673, § 1.

The purpose of this subchapter is to encourage, promote, and develop voluntary alternative processes throughout the state to resolve disputes, cases, and controversies of all kinds.

Acts 1995, No. 673, § 1.
Ark. Code Ann. § 16-43-409 — AR Code / Title 16 / Chapter 43 / Subchapter 4 / Section 16-43-409
Effective date
Status: in_force

Whereas, under the present statutes of the State of Arkansas there is no adequate remedy whereby the attendance of witnesses from without the state may be enforced, and whereas, it is necessary for the immediate preservation of the peace of the State of Arkansas that adequate means be provided whereby the attendance of witnesses from without the state may be had, an emergency is hereby declared and this subchapter shall become operative and in effect and be in force from and after its passage. Acts 1935, No. 65, § 7; A.S.A. 1947, § 43-2009n.

Whereas, under the present statutes of the State of Arkansas there is no adequate remedy whereby the attendance of witnesses from without the state may be enforced, and whereas, it is necessary for the immediate preservation of the peace of the State of Arkansas that adequate means be provided whereby the attendance of witnesses from without the state may be had, an emergency is hereby declared and this subchapter shall become operative and in effect and be in force from and after its passage.

Acts 1935, No. 65, § 7; A.S.A. 1947, § 43-2009n.
Ark. Code Ann. § 16-17-1003 — AR Code / Title 16 / Chapter 17 / Subchapter 10 / Section 16-17-1003
Duties of the District Court Resource Assessment Board
Status: in_force

The District Court Resource Assessment Board shall recommend to the General Assembly at each regular session: (1) Criteria for the creation and placement of full-time, state-funded district court judgeships; (2) Revisions of current district court judgeships or the redistricting of the district court districts of this state after considering: (A) The caseload and the geographic area of the district court district; (B) The November 25, 2002, per curiam opinion of the Supreme Court; and (C) Any other matter the board determines to be appropriate; and (3) The number and placement of full-time, state-funded district court judgeships. Acts 2007, No. 663, § 1.

The District Court Resource Assessment Board shall recommend to the General Assembly at each regular session:

(1) Criteria for the creation and placement of full-time, state-funded district court judgeships;

(2) Revisions of current district court judgeships or the redistricting of the district court districts of this state after considering: (A) The caseload and the geographic area of the district court district; (B) The November 25, 2002, per curiam opinion of the Supreme Court; and (C) Any other matter the board determines to be appropriate; and

(A) The caseload and the geographic area of the district court district;

(B) The November 25, 2002, per curiam opinion of the Supreme Court; and

(C) Any other matter the board determines to be appropriate; and

(3) The number and placement of full-time, state-funded district court judgeships.

Acts 2007, No. 663, § 1.
Ark. Code Ann. § 16-13-2601 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2601
Composition
Status: in_force

(a) The Eighteenth Judicial District-East shall be composed of Garland County. (b) The Eighteenth Judicial District-West shall be composed of the counties of Montgomery and Polk. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

(a) The Eighteenth Judicial District-East shall be composed of Garland County.

(b) The Eighteenth Judicial District-West shall be composed of the counties of Montgomery and Polk.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-10-315 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-315
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 6, eff. 7/28/2021. Acts 2009, No. 488, § 2.

Repealed by Act 2021, No. 475,§ 6, eff. 7/28/2021.

Acts 2009, No. 488, § 2.
Ark. Code Ann. § 16-68-407 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-407
Judgment against security, attorney, or usee on motion
Status: in_force

In all cases where there is security for costs or where the attorney is liable for costs or where the action is brought to the use of another, in which the plaintiff is adjudged to pay the costs, judgment may be rendered against the security, attorney, or person for whose use the action was brought on motion of the party entitled to the costs, notice of the motion having first been given to the security, attorney, or other person. Rev. Stat., ch. 34, § 33; C. & M. Dig., § 1841; Pope's Dig., § 2360; A.S.A. 1947, § 27-2327.

In all cases where there is security for costs or where the attorney is liable for costs or where the action is brought to the use of another, in which the plaintiff is adjudged to pay the costs, judgment may be rendered against the security, attorney, or person for whose use the action was brought on motion of the party entitled to the costs, notice of the motion having first been given to the security, attorney, or other person.

Rev. Stat., ch. 34, § 33; C. & M. Dig., § 1841; Pope's Dig., § 2360; A.S.A. 1947, § 27-2327.
Ark. Code Ann. § 16-96-508 — AR Code / Title 16 / Chapter 96 / Subchapter 5 / Section 16-96-508
Judgment on default
Status: in_force

If the appellant shall fail to appear in the circuit court when the case is set for trial or the judge or magistrate who tried the case shall fail to file the transcript and papers as provided in this subchapter and the appellant shall fail to appear and move the court for an order to compel the judge or magistrate to so file within the first three (3) days of the first term of the circuit court beginning more than ten (10) days after the appeal was prayed, then the circuit court may, unless good cause is shown to the contrary, affirm the judgment and enter judgment against the appellant for the same fine or penalty that was imposed in the court of limited jurisdiction, with costs. This judgment shall have the same force and effect as other judgments of the circuit court in cases of convictions or indictments for misdemeanors. Acts 1905, No. 151, § 4, p. 375; C. & M. Dig., § 3385; Pope's Dig., § 4228; A.S.A. 1947, § 44-507; Acts 2005, No. 1994, § 281.

If the appellant shall fail to appear in the circuit court when the case is set for trial or the judge or magistrate who tried the case shall fail to file the transcript and papers as provided in this subchapter and the appellant shall fail to appear and move the court for an order to compel the judge or magistrate to so file within the first three (3) days of the first term of the circuit court beginning more than ten (10) days after the appeal was prayed, then the circuit court may, unless good cause is shown to the contrary, affirm the judgment and enter judgment against the appellant for the same fine or penalty that was imposed in the court of limited jurisdiction, with costs. This judgment shall have the same force and effect as other judgments of the circuit court in cases of convictions or indictments for misdemeanors.

Acts 1905, No. 151, § 4, p. 375; C. & M. Dig., § 3385; Pope's Dig., § 4228; A.S.A. 1947, § 44-507; Acts 2005, No. 1994, § 281.
Ark. Code Ann. § 16-31-105 — AR Code / Title 16 / Chapter 31 / Section 16-31-105
Exemption from overtime parking penalties
Status: in_force

(a) No person shall be subject to a fine or other penalty for the offense of overtime parking incurred while the person is engaged in actual service as a grand or petit juror in any court, federal or state, in this state. (b) The person may evidence the fact of jury service by exhibiting to the appropriate official of the city or town offended by the violation a certificate of the clerk of the court similar to the form now in use to the effect that the person was engaged in jury service on the date of the violation and the hours of actual service. (c) Any person attempting to enforce any fine or other penalty notwithstanding the provisions of this section shall be subject to contempt proceedings before the judge of the court being served by the person so charged. (d) Nothing contained in this section shall be construed to give immunity from fine or penalty other than for the offense of overtime parking. Acts 1971, No. 729, §§ 1-4; 1979, No. 423, § 1; A.S.A. 1947, §§ 39-117 -- 39-120.

(a) No person shall be subject to a fine or other penalty for the offense of overtime parking incurred while the person is engaged in actual service as a grand or petit juror in any court, federal or state, in this state.

(b) The person may evidence the fact of jury service by exhibiting to the appropriate official of the city or town offended by the violation a certificate of the clerk of the court similar to the form now in use to the effect that the person was engaged in jury service on the date of the violation and the hours of actual service.

(c) Any person attempting to enforce any fine or other penalty notwithstanding the provisions of this section shall be subject to contempt proceedings before the judge of the court being served by the person so charged.

(d) Nothing contained in this section shall be construed to give immunity from fine or penalty other than for the offense of overtime parking.

Acts 1971, No. 729, §§ 1-4; 1979, No. 423, § 1; A.S.A. 1947, §§ 39-117 -- 39-120.
Ark. Code Ann. § 16-17-930 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-930
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 11.

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

Acts 2007, No. 663, § 11.
Ark. Code Ann. § 16-90-1504 — AR Code / Title 16 / Chapter 90 / Subchapter 15 / Section 16-90-1504
Remote pleading permitted
Status: in_force

(a) Subject to the rules of the judiciary and the local rules of the court, a person who has opted to resolve pending misdemeanor matters under this subchapter may still be permitted to enter remotely a plea of guilty or nolo contendere to any outstanding or pending misdemeanor charges from where he or she is incarcerated. (b) A remote plea may be given only through a real-time medium with both an audio and visual feed. Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.

(a) Subject to the rules of the judiciary and the local rules of the court, a person who has opted to resolve pending misdemeanor matters under this subchapter may still be permitted to enter remotely a plea of guilty or nolo contendere to any outstanding or pending misdemeanor charges from where he or she is incarcerated.

(b) A remote plea may be given only through a real-time medium with both an audio and visual feed.

Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-90-1001 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1001
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the Crime Victims Reparations Board created by § 16-90-705 ; (2) "Crime stoppers organization" means a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency; and (3) "Local crime stoppers program" means the acceptance and spending of donations by a private, nonprofit organization for rewards to persons who report information concerning criminal activity to the organization, if the organization: (A) Operates less than statewide; and (B) Forwards reported information to the appropriate law enforcement agency. Acts 1995, No. 1300, § 1.

As used in this subchapter:

(1) "Board" means the Crime Victims Reparations Board created by § 16-90-705 ;

(2) "Crime stoppers organization" means a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency; and

(3) "Local crime stoppers program" means the acceptance and spending of donations by a private, nonprofit organization for rewards to persons who report information concerning criminal activity to the organization, if the organization: (A) Operates less than statewide; and (B) Forwards reported information to the appropriate law enforcement agency.

(A) Operates less than statewide; and

(B) Forwards reported information to the appropriate law enforcement agency.

Acts 1995, No. 1300, § 1.
Ark. Code Ann. § 16-111-110 — AR Code / Title 16 / Chapter 111 / Section 16-111-110
Costs
Status: in_force

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just. Acts 1953, No. 274, § 9; A.S.A. 1947, § 34-2509.

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

Acts 1953, No. 274, § 9; A.S.A. 1947, § 34-2509.
Ark. Code Ann. § 16-88-104 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-104
Presumption of jurisdiction
Status: in_force

It shall be presumed upon trial that the offense charged was committed within the jurisdiction of the court, and the court may pronounce the proper judgment accordingly unless the evidence affirmatively shows otherwise. Init. Meas. 1936, No. 3, § 26, Acts 1937, p. 1384; A.S.A. 1947, § 43-1426; Acts 2003, No. 1185, § 210.

It shall be presumed upon trial that the offense charged was committed within the jurisdiction of the court, and the court may pronounce the proper judgment accordingly unless the evidence affirmatively shows otherwise.

Init. Meas. 1936, No. 3, § 26, Acts 1937, p. 1384; A.S.A. 1947, § 43-1426; Acts 2003, No. 1185, § 210.
Ark. Code Ann. § 16-80-102 — AR Code / Title 16 / Chapter 80 / Section 16-80-102
Precedence given to criminal trials when victim under age of 14
Status: in_force

Notwithstanding any rule of court to the contrary and in furtherance of the purposes of the Arkansas Rules of Criminal Procedure, Rule 27.1, all courts of this state having jurisdiction of criminal offenses, except for extraordinary circumstances, shall give precedence to the trials of criminal offenses over other matters before the court, civil or criminal, when the alleged victim is a person under the age of fourteen (14) years. Acts 1985, No. 569, § 1; A.S.A. 1947, § 22-159.

Notwithstanding any rule of court to the contrary and in furtherance of the purposes of the Arkansas Rules of Criminal Procedure, Rule 27.1, all courts of this state having jurisdiction of criminal offenses, except for extraordinary circumstances, shall give precedence to the trials of criminal offenses over other matters before the court, civil or criminal, when the alleged victim is a person under the age of fourteen (14) years.

Acts 1985, No. 569, § 1; A.S.A. 1947, § 22-159.
Ark. Code Ann. § 16-46-403 — AR Code / Title 16 / Chapter 46 / Subchapter 4 / Section 16-46-403
Notice required
Status: in_force

(a) Any party in litigation that receives or obtains a copy of a patient's medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to the: (1) Patient; or (2) Patient's attorney if the patient is represented by an attorney. (b) The notice required by subsection (a) of this section may be made by: (1) Any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (2) Facsimile with a receipt or transaction report showing that the transmittal was received. (c) The notice required by subsection (a) of this section shall include the name and address of the provider for each record that was obtained. Acts 2005, No. 1436, § 1.

(a) Any party in litigation that receives or obtains a copy of a patient's medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to the: (1) Patient; or (2) Patient's attorney if the patient is represented by an attorney.

(1) Patient; or

(2) Patient's attorney if the patient is represented by an attorney.

(b) The notice required by subsection (a) of this section may be made by: (1) Any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (2) Facsimile with a receipt or transaction report showing that the transmittal was received.

(1) Any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or

(2) Facsimile with a receipt or transaction report showing that the transmittal was received.

(c) The notice required by subsection (a) of this section shall include the name and address of the provider for each record that was obtained.

Acts 2005, No. 1436, § 1.
Ark. Code Ann. § 16-107-202 — AR Code / Title 16 / Chapter 107 / Subchapter 2 / Section 16-107-202
Breach of condition to pay money
Status: in_force

(a) In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think proper. (b) The defendant in the action may plead payment of the principal sum and interest due by the condition of the bond before the commencement of the action in bar thereof, although the payment was not strictly according to the condition. (c) Whenever any action shall be pending on the bond, the defendant may, at any time before judgment rendered in the action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and interest due on the bond, together with the costs in the action, and thereupon the action shall be discontinued. (d) If judgment is recovered on any such bond, the judgment shall be rendered for the sum of money really due, according to the condition, with interest and costs, and execution shall issue thereon accordingly. Rev. Stat., ch. 112, §§ 1-4; C. & M. Dig., §§ 8164-8166; Pope's Dig., §§ 10595-10597; A.S.A. 1947, §§ 34-301 -- 34-304.

(a) In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think proper.

(b) The defendant in the action may plead payment of the principal sum and interest due by the condition of the bond before the commencement of the action in bar thereof, although the payment was not strictly according to the condition.

(c) Whenever any action shall be pending on the bond, the defendant may, at any time before judgment rendered in the action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and interest due on the bond, together with the costs in the action, and thereupon the action shall be discontinued.

(d) If judgment is recovered on any such bond, the judgment shall be rendered for the sum of money really due, according to the condition, with interest and costs, and execution shall issue thereon accordingly.

Rev. Stat., ch. 112, §§ 1-4; C. & M. Dig., §§ 8164-8166; Pope's Dig., §§ 10595-10597; A.S.A. 1947, §§ 34-301 -- 34-304.
Ark. Code Ann. § 16-64-130 — AR Code / Title 16 / Chapter 64 / Section 16-64-130
Punitive damage - Contract involving financial institutions
Status: in_force

(a) For the purposes of this section, the term "financial institutions" means banks, savings and loan associations, and credit unions located within the State of Arkansas and which are insured by an agency of the federal government. (b) This section shall be applicable in civil actions in which a claim is asserted against a financial institution, whether by complaint, counterclaim, third party complaint, or other pleading. If a claim asserted against a financial institution is determined by the court to be a breach of contract claim arising out of a loan of money or other extension of credit by the financial institution to the person asserting the claim, then punitive damages shall not be awarded to the person asserting the claim unless it is found that the person asserting the claim suffered personal injury or physical damage to property as a result of the financial institution's alleged action or inaction. Acts 1991, No. 532, § 1.

(a) For the purposes of this section, the term "financial institutions" means banks, savings and loan associations, and credit unions located within the State of Arkansas and which are insured by an agency of the federal government.

(b) This section shall be applicable in civil actions in which a claim is asserted against a financial institution, whether by complaint, counterclaim, third party complaint, or other pleading. If a claim asserted against a financial institution is determined by the court to be a breach of contract claim arising out of a loan of money or other extension of credit by the financial institution to the person asserting the claim, then punitive damages shall not be awarded to the person asserting the claim unless it is found that the person asserting the claim suffered personal injury or physical damage to property as a result of the financial institution's alleged action or inaction.

Acts 1991, No. 532, § 1.
Ark. Code Ann. § 16-17-126 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-126
Fee for filing and issuing writs - Disposition - Fee for issuing summons
Status: in_force

(a) (1) The district court clerk shall collect a fee of ten dollars ($10.00) for filing or issuing writs, including writs of garnishment and executions. (2) The fee under subdivision (a)(1) of this section is in addition to fees and costs established by law for specific purposes or as authorized by the county quorum court or municipality. (b) (1) The district court clerk shall collect a fee of two dollars and fifty cents ($2.50) for issuing or sealing a summons or subpoena. (2) The fee for issuing or sealing a summons shall not be collected under subdivision (b)(1) of this section for actions brought in the small claims division. (c) All funds derived from the fees under this section shall be paid into the general fund of the treasury of each political subdivision that contributes to the expenses of the district court based on the percentage of the expenses contributed by the political subdivision to be appropriated for any permissible use in the administration of the district court. Amended by Act 2023, No. 323,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 675,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 585,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 530,§ 3, eff. 7/22/2015. Acts 1991, No. 262, §§ 1-3; 2003, No. 1185, § 115; 2003, No. 1765, § 16; 2005, No. 1934, § 10.

(a) (1) The district court clerk shall collect a fee of ten dollars ($10.00) for filing or issuing writs, including writs of garnishment and executions. (2) The fee under subdivision (a)(1) of this section is in addition to fees and costs established by law for specific purposes or as authorized by the county quorum court or municipality.

(1) The district court clerk shall collect a fee of ten dollars ($10.00) for filing or issuing writs, including writs of garnishment and executions.

(2) The fee under subdivision (a)(1) of this section is in addition to fees and costs established by law for specific purposes or as authorized by the county quorum court or municipality.

(b) (1) The district court clerk shall collect a fee of two dollars and fifty cents ($2.50) for issuing or sealing a summons or subpoena. (2) The fee for issuing or sealing a summons shall not be collected under subdivision (b)(1) of this section for actions brought in the small claims division.

(1) The district court clerk shall collect a fee of two dollars and fifty cents ($2.50) for issuing or sealing a summons or subpoena.

(2) The fee for issuing or sealing a summons shall not be collected under subdivision (b)(1) of this section for actions brought in the small claims division.

(c) All funds derived from the fees under this section shall be paid into the general fund of the treasury of each political subdivision that contributes to the expenses of the district court based on the percentage of the expenses contributed by the political subdivision to be appropriated for any permissible use in the administration of the district court.

Amended by Act 2023, No. 323,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 675,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 585,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 530,§ 3, eff. 7/22/2015.

Acts 1991, No. 262, §§ 1-3; 2003, No. 1185, § 115; 2003, No. 1765, § 16; 2005, No. 1934, § 10.
Ark. Code Ann. § 16-43-302 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-302
Hearing or request for presence of prisoner in another state
Status: in_force

A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify: (1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court; (2) That a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action; and (3) That his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing. Acts 1959, No. 216, § 2; A.S.A. 1947, § 43-2026.

A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify:

(1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2) That a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action; and

(3) That his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.

Acts 1959, No. 216, § 2; A.S.A. 1947, § 43-2026.
Ark. Code Ann. § 16-130-105 — AR Code / Title 16 / Chapter 130 / Section 16-130-105
Civil cause of action
Status: in_force

(a) The Attorney General may bring a cause of action for injunctive relief and any other relief available under the law or in equity against: (1) A covered entity that knowingly violates this chapter; and (2) The directors, officers, agents, and employees of a covered entity that knowingly violates this chapter. (b) A court that finds a covered entity has knowingly violated this chapter shall, in addition to awarding any relief requested under subsection (a) of this section, enter an injunction barring the covered entity from receiving funds from any public source, including without limitation membership fees from a school, for a period of one (1) year. Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.

(a) The Attorney General may bring a cause of action for injunctive relief and any other relief available under the law or in equity against: (1) A covered entity that knowingly violates this chapter; and (2) The directors, officers, agents, and employees of a covered entity that knowingly violates this chapter.

(1) A covered entity that knowingly violates this chapter; and

(2) The directors, officers, agents, and employees of a covered entity that knowingly violates this chapter.

(b) A court that finds a covered entity has knowingly violated this chapter shall, in addition to awarding any relief requested under subsection (a) of this section, enter an injunction barring the covered entity from receiving funds from any public source, including without limitation membership fees from a school, for a period of one (1) year.

Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-114-303 — AR Code / Title 16 / Chapter 114 / Subchapter 3 / Section 16-114-303
Liability of attorneys
Status: in_force

No person licensed to practice law in Arkansas and no partnership or corporation of Arkansas-licensed attorneys or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by the person, partnership, or corporation, except for: (1) Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or (2) Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation: (A) Identifies in writing to the client those persons who are intended to rely on the services; and (B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation. Acts 1987, No. 661, § 2.

No person licensed to practice law in Arkansas and no partnership or corporation of Arkansas-licensed attorneys or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by the person, partnership, or corporation, except for:

(1) Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or

(2) Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation: (A) Identifies in writing to the client those persons who are intended to rely on the services; and (B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation.

(A) Identifies in writing to the client those persons who are intended to rely on the services; and

(B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation.

then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation.

Acts 1987, No. 661, § 2.
Ark. Code Ann. § 16-46-211 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-211
Notary's protest
Status: in_force

(a) The protest made by a notary public under his hand and seal of office shall be evidence of the facts contained in the protest. (b) The certificate of a notary public, under his hand and seal of office, that he forwarded notice of protest shall be prima facie evidence of the fact stated in the certificate. Rev. Stat., ch. 20, § 11; Acts 1859, No. 234, § 1, p. 300; C. & M. Dig., §§ 4125, 4126; Pope's Dig., §§ 5134, 5135; A.S.A. 1947, §§ 28-922, 28-923.

(a) The protest made by a notary public under his hand and seal of office shall be evidence of the facts contained in the protest.

(b) The certificate of a notary public, under his hand and seal of office, that he forwarded notice of protest shall be prima facie evidence of the fact stated in the certificate.

Rev. Stat., ch. 20, § 11; Acts 1859, No. 234, § 1, p. 300; C. & M. Dig., §§ 4125, 4126; Pope's Dig., §§ 5134, 5135; A.S.A. 1947, §§ 28-922, 28-923.
Ark. Code Ann. § 16-89-117 — AR Code / Title 16 / Chapter 89 / Section 16-89-117
Limitation of witness fees in misdemeanor trials
Status: in_force

In no trial of any misdemeanor in circuit court shall the fees of more than five (5) witnesses be taxed against any county or the state unless their materiality and importance are first affirmed and certified to, under oath, by the attorney at whose instance the additional witnesses are subpoenaed. Acts 1915, No. 240, § 1; C. & M. Dig., § 2920; Pope's Dig., § 3736; A.S.A. 1947, § 43-607.

In no trial of any misdemeanor in circuit court shall the fees of more than five (5) witnesses be taxed against any county or the state unless their materiality and importance are first affirmed and certified to, under oath, by the attorney at whose instance the additional witnesses are subpoenaed.

Acts 1915, No. 240, § 1; C. & M. Dig., § 2920; Pope's Dig., § 3736; A.S.A. 1947, § 43-607.
Ark. Code Ann. § 16-110-102 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-102
Garnishment generally
Status: in_force

(a) (1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall set forth his or her cause of action against the defendant, and command the officer charged with the execution thereof to summon the person named therein as garnishee to appear at the return day of the summons in the action if the writ shall have been issued at the commencement thereof and, if not so issued, on such day as the court shall designate to answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant. (2) In all such actions where the plaintiff has obtained judgment, he or she may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. (b) The plaintiffs in all cases of garnishment may also have an attachment against the property of a garnishee, who is made a defendant thereto, by stating in his or her affidavit one (1) or more of the grounds of attachment mentioned in § 16-110-101 , § 16-110-104 , § 16-110-202 , or § 16-110-203 and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee. Civil Code, § 224; Acts 1871, No. 48, § 1 [224], p. 219; C. & M. Dig., §§ 503, 504; Pope's Dig., §§ 540, 541; A.S.A. 1947, §§ 31-102, 31-142.

(a) (1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall set forth his or her cause of action against the defendant, and command the officer charged with the execution thereof to summon the person named therein as garnishee to appear at the return day of the summons in the action if the writ shall have been issued at the commencement thereof and, if not so issued, on such day as the court shall designate to answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant. (2) In all such actions where the plaintiff has obtained judgment, he or she may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof.

(1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall set forth his or her cause of action against the defendant, and command the officer charged with the execution thereof to summon the person named therein as garnishee to appear at the return day of the summons in the action if the writ shall have been issued at the commencement thereof and, if not so issued, on such day as the court shall designate to answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant.

(2) In all such actions where the plaintiff has obtained judgment, he or she may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof.

(b) The plaintiffs in all cases of garnishment may also have an attachment against the property of a garnishee, who is made a defendant thereto, by stating in his or her affidavit one (1) or more of the grounds of attachment mentioned in § 16-110-101 , § 16-110-104 , § 16-110-202 , or § 16-110-203 and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.

Civil Code, § 224; Acts 1871, No. 48, § 1 [224], p. 219; C. & M. Dig., §§ 503, 504; Pope's Dig., §§ 540, 541; A.S.A. 1947, §§ 31-102, 31-142.
Ark. Code Ann. § 16-113-405 — AR Code / Title 16 / Chapter 113 / Subchapter 4 / Section 16-113-405
Assessment of damages upon dissolution of injunction or restraining order
Status: in_force

(a) (1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bond a valid judgment for any and all damages occasioned by the issuance of such injunction or restraining order. (2) The court may either appoint a master to report as to the damages, or may render summary judgment therefor, or at its discretion may cause a jury to be empaneled to find the damages. (b) Where money is enjoined, the damages may be any rate percent on the amount released by the dissolution which in the discretion of the court may be proper, not exceeding ten percent (10%). (c) Where the delivery of property has been delayed by the injunction, the value of the use, hire, or rent thereof shall be assessed. Civil Code, § 320; Acts 1915, No. 102, § 1; C. & M. Dig., §§ 5822-5824; Pope's Dig., §§ 7538-7540; A.S.A. 1947, §§ 32-307 -- 32-309.

(a) (1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bond a valid judgment for any and all damages occasioned by the issuance of such injunction or restraining order. (2) The court may either appoint a master to report as to the damages, or may render summary judgment therefor, or at its discretion may cause a jury to be empaneled to find the damages.

(1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bond a valid judgment for any and all damages occasioned by the issuance of such injunction or restraining order.

(2) The court may either appoint a master to report as to the damages, or may render summary judgment therefor, or at its discretion may cause a jury to be empaneled to find the damages.

(b) Where money is enjoined, the damages may be any rate percent on the amount released by the dissolution which in the discretion of the court may be proper, not exceeding ten percent (10%).

(c) Where the delivery of property has been delayed by the injunction, the value of the use, hire, or rent thereof shall be assessed.

Civil Code, § 320; Acts 1915, No. 102, § 1; C. & M. Dig., §§ 5822-5824; Pope's Dig., §§ 7538-7540; A.S.A. 1947, §§ 32-307 -- 32-309.
Ark. Code Ann. § 16-21-105 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-105
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 17, eff. 7/28/2021. Acts 1895, No. 80, § 4, p. 106; C. & M. Dig., § 8310; A.S.A. 1947, § 24-123.

Repealed by Act 2021, No. 475,§ 17, eff. 7/28/2021.

Acts 1895, No. 80, § 4, p. 106; C. & M. Dig., § 8310; A.S.A. 1947, § 24-123.
Ark. Code Ann. § 16-124-112 — AR Code / Title 16 / Chapter 124 / Section 16-124-112
Actions by state - Stays of action
Status: in_force

(a) The Attorney General may represent the state or a political subdivision of the state in an action under this chapter. (b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for the stay of the action. Acts 1995, No. 896, § 13.

(a) The Attorney General may represent the state or a political subdivision of the state in an action under this chapter.

(b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for the stay of the action.

Acts 1995, No. 896, § 13.
Ark. Code Ann. § 16-88-115 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-115
Katie's Law
Status: in_force

(a) This section shall be known and may be cited as "Katie's Law". (b) When any sexual offense, as defined by § 5-14-101 et seq., is committed against any person who at the time of the sexual offense was traveling within this state by private motor vehicle, common carrier, watercraft, or other mode of transportation and law enforcement is unable to determine the county in which the sexual offense was committed, the venue for prosecuting the person committing the sexual offense may be in any county of this state from, through, or to which the victim traveled. Acts 2001, No. 582, §§ 1, 2.

(a) This section shall be known and may be cited as "Katie's Law".

(b) When any sexual offense, as defined by § 5-14-101 et seq., is committed against any person who at the time of the sexual offense was traveling within this state by private motor vehicle, common carrier, watercraft, or other mode of transportation and law enforcement is unable to determine the county in which the sexual offense was committed, the venue for prosecuting the person committing the sexual offense may be in any county of this state from, through, or to which the victim traveled.

Acts 2001, No. 582, §§ 1, 2.
Ark. Code Ann. § 16-90-706 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-706
Powers of board - Logistical support
Status: in_force

(a) (1) The Crime Victims Reparations Board shall have: (A) Power to award reparations for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for reparations have been met; and (B) Authority to award the reparations to the claimant or directly to the provider of services. (2) The board shall: (A) Hear and determine all matters relating to claims for reparations, including having the power to reinvestigate or reopen claims without regard to statutes of limitation; and (B) (i) Have discretion to act in a panel of three (3) or more members. (ii) This panel may exercise the powers granted to the board. (3) The board shall have the power to subpoena witnesses and compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant evidence. (4) (A) The board shall be provided such office, support staff, and secretarial services as necessary by the Department of Public Safety. (B) The support staff and secretarial services described in subdivision (a)(4)(A) of this section may also be assigned by the Secretary of the Department of Public Safety to engage in additional work in other areas that do not involve crime victims reparations. (b) In addition to any other powers and duties specified elsewhere in this subchapter, the board may: (1) Regulate its own procedure, except as otherwise provided in this subchapter; (2) Adopt rules to implement the provisions of this subchapter; (3) Define any term not defined in this subchapter; (4) Prescribe forms necessary to carry out the purposes of this subchapter; (5) Request access to any reports of investigations or other data necessary to assist the board in making a determination of eligibility for reparations under the provisions of this subchapter; (6) Take judicial notice of general, technical, and scientific facts within its specialized knowledge; and (7) Publicize the availability of reparations and information regarding the filing of claims for reparations. Amended by Act 2019, No. 315,§ 1303, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5926, eff. 7/1/2019. Acts 1987, No. 817, §§ 5, 6; 2011, No. 11, § 1.

(a) (1) The Crime Victims Reparations Board shall have: (A) Power to award reparations for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for reparations have been met; and (B) Authority to award the reparations to the claimant or directly to the provider of services. (2) The board shall: (A) Hear and determine all matters relating to claims for reparations, including having the power to reinvestigate or reopen claims without regard to statutes of limitation; and (B) (i) Have discretion to act in a panel of three (3) or more members. (ii) This panel may exercise the powers granted to the board. (3) The board shall have the power to subpoena witnesses and compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant evidence. (4) (A) The board shall be provided such office, support staff, and secretarial services as necessary by the Department of Public Safety. (B) The support staff and secretarial services described in subdivision (a)(4)(A) of this section may also be assigned by the Secretary of the Department of Public Safety to engage in additional work in other areas that do not involve crime victims reparations.

(1) The Crime Victims Reparations Board shall have: (A) Power to award reparations for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for reparations have been met; and (B) Authority to award the reparations to the claimant or directly to the provider of services.

(A) Power to award reparations for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for reparations have been met; and

(B) Authority to award the reparations to the claimant or directly to the provider of services.

(2) The board shall: (A) Hear and determine all matters relating to claims for reparations, including having the power to reinvestigate or reopen claims without regard to statutes of limitation; and (B) (i) Have discretion to act in a panel of three (3) or more members. (ii) This panel may exercise the powers granted to the board.

(A) Hear and determine all matters relating to claims for reparations, including having the power to reinvestigate or reopen claims without regard to statutes of limitation; and

(B) (i) Have discretion to act in a panel of three (3) or more members. (ii) This panel may exercise the powers granted to the board.

(i) Have discretion to act in a panel of three (3) or more members.

(ii) This panel may exercise the powers granted to the board.

(3) The board shall have the power to subpoena witnesses and compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant evidence.

(4) (A) The board shall be provided such office, support staff, and secretarial services as necessary by the Department of Public Safety. (B) The support staff and secretarial services described in subdivision (a)(4)(A) of this section may also be assigned by the Secretary of the Department of Public Safety to engage in additional work in other areas that do not involve crime victims reparations.

(A) The board shall be provided such office, support staff, and secretarial services as necessary by the Department of Public Safety.

(B) The support staff and secretarial services described in subdivision (a)(4)(A) of this section may also be assigned by the Secretary of the Department of Public Safety to engage in additional work in other areas that do not involve crime victims reparations.

(b) In addition to any other powers and duties specified elsewhere in this subchapter, the board may: (1) Regulate its own procedure, except as otherwise provided in this subchapter; (2) Adopt rules to implement the provisions of this subchapter; (3) Define any term not defined in this subchapter; (4) Prescribe forms necessary to carry out the purposes of this subchapter; (5) Request access to any reports of investigations or other data necessary to assist the board in making a determination of eligibility for reparations under the provisions of this subchapter; (6) Take judicial notice of general, technical, and scientific facts within its specialized knowledge; and (7) Publicize the availability of reparations and information regarding the filing of claims for reparations.

(1) Regulate its own procedure, except as otherwise provided in this subchapter;

(2) Adopt rules to implement the provisions of this subchapter;

(3) Define any term not defined in this subchapter;

(4) Prescribe forms necessary to carry out the purposes of this subchapter;

(5) Request access to any reports of investigations or other data necessary to assist the board in making a determination of eligibility for reparations under the provisions of this subchapter;

(6) Take judicial notice of general, technical, and scientific facts within its specialized knowledge; and

(7) Publicize the availability of reparations and information regarding the filing of claims for reparations.

Amended by Act 2019, No. 315,§ 1303, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5926, eff. 7/1/2019.

Acts 1987, No. 817, §§ 5, 6; 2011, No. 11, § 1.
Ark. Code Ann. § 16-13-2303 — AR Code / Title 16 / Chapter 13 / Subchapter 23 / Section 16-13-2303
Judges and chancellors
Status: in_force

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

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

(1) One (1) circuit judge;

(2) One (1) chancellor; and

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

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

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

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

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1.
Ark. Code Ann. § 16-19-1103 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1103
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 107, p. 430; C. & M. Dig., § 6523; Pope's Dig., § 8485; A.S.A. 1947, § 26-1313.

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

Acts 1873, No. 135, § 107, p. 430; C. & M. Dig., § 6523; Pope's Dig., § 8485; A.S.A. 1947, § 26-1313.
Ark. Code Ann. § 16-90-712 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-712
Conditions for reparations - Changes in awards
Status: in_force

(a) Reparations shall not be awarded: (1) Unless the claim has been filed with the Crime Victims Reparations Board within one (1) year after the injury or death upon which the claim is based, unless the board finds good cause for the failure to file a timely claim; (2) To a claimant who was the offender or an accomplice of the offender; (3) To another person if the award would unjustly benefit the offender or accomplice; (4) To a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime; (5) To any claimant who has been convicted of a felony involving criminally injurious conduct; (6) Unless the criminally injurious conduct resulting in injury or death was reported to the proper authorities within seventy-two (72) hours after its occurrence, or the board finds there was good cause for the failure to report within that time; or (7) (A) (i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund. (ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order. (B) Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund. (b) Reparations otherwise payable to a claimant shall be diminished to the extent: (1) That the economic loss is recouped from collateral sources; or (2) Of the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board. (c) (1) Except as provided in subdivision (c)(2) of this section, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, the board may deny, withdraw, or reduce an award of reparations. (2) This subsection does not apply if the claimant or victim is a victim of human trafficking or a minor victim of a sex offense, as defined in § 12-12-903 . (d) (1) On its own motion or on request of the claimant, the board may reconsider a decision granting or denying an award or determining its amount. (2) An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud. (3) Reconsideration does not affect the finality of a board decision for the purpose of judicial review. Amended by Act 2023, No. 330,§ 1, eff. 8/1/2023. Acts 1987, No. 817, § 12; 1999, No. 1102, § 1.

(a) Reparations shall not be awarded: (1) Unless the claim has been filed with the Crime Victims Reparations Board within one (1) year after the injury or death upon which the claim is based, unless the board finds good cause for the failure to file a timely claim; (2) To a claimant who was the offender or an accomplice of the offender; (3) To another person if the award would unjustly benefit the offender or accomplice; (4) To a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime; (5) To any claimant who has been convicted of a felony involving criminally injurious conduct; (6) Unless the criminally injurious conduct resulting in injury or death was reported to the proper authorities within seventy-two (72) hours after its occurrence, or the board finds there was good cause for the failure to report within that time; or (7) (A) (i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund. (ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order. (B) Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.

(1) Unless the claim has been filed with the Crime Victims Reparations Board within one (1) year after the injury or death upon which the claim is based, unless the board finds good cause for the failure to file a timely claim;

(2) To a claimant who was the offender or an accomplice of the offender;

(3) To another person if the award would unjustly benefit the offender or accomplice;

(4) To a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime;

(5) To any claimant who has been convicted of a felony involving criminally injurious conduct;

(6) Unless the criminally injurious conduct resulting in injury or death was reported to the proper authorities within seventy-two (72) hours after its occurrence, or the board finds there was good cause for the failure to report within that time; or

(7) (A) (i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund. (ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order. (B) Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.

(A) (i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund. (ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order.

(i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund.

(ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order.

(B) Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.

(b) Reparations otherwise payable to a claimant shall be diminished to the extent: (1) That the economic loss is recouped from collateral sources; or (2) Of the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board.

(1) That the economic loss is recouped from collateral sources; or

(2) Of the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board.

(c) (1) Except as provided in subdivision (c)(2) of this section, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, the board may deny, withdraw, or reduce an award of reparations. (2) This subsection does not apply if the claimant or victim is a victim of human trafficking or a minor victim of a sex offense, as defined in § 12-12-903 .

(1) Except as provided in subdivision (c)(2) of this section, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, the board may deny, withdraw, or reduce an award of reparations.

(2) This subsection does not apply if the claimant or victim is a victim of human trafficking or a minor victim of a sex offense, as defined in § 12-12-903 .

(d) (1) On its own motion or on request of the claimant, the board may reconsider a decision granting or denying an award or determining its amount. (2) An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud. (3) Reconsideration does not affect the finality of a board decision for the purpose of judicial review.

(1) On its own motion or on request of the claimant, the board may reconsider a decision granting or denying an award or determining its amount.

(2) An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud.

(3) Reconsideration does not affect the finality of a board decision for the purpose of judicial review.

Amended by Act 2023, No. 330,§ 1, eff. 8/1/2023.

Acts 1987, No. 817, § 12; 1999, No. 1102, § 1.
Ark. Code Ann. § 16-17-1108 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1108
Travel expense reimbursement
Status: in_force

(a) From the appropriation provided for the expenses of state district court judges, a state district court judge is authorized to be reimbursed for those travel expenses at the rate as authorized for state employees and for mileage at the rate established in the state travel rules for state employees while traveling within the state in the performance of official duties. (b) When a state or local district judge is appointed by the Chief Justice to hear a case or cases in a jurisdiction outside that in which he or she is elected, the judge shall be entitled to reimbursement for travel expenses and mileage as provided in subsection (a) of this section. Amended by Act 2019, No. 315,§ 1298, eff. 7/24/2019. Acts 2009, No. 345, § 6; 2011, No. 274, § 8; 2011, No. 1219, § 7.

(a) From the appropriation provided for the expenses of state district court judges, a state district court judge is authorized to be reimbursed for those travel expenses at the rate as authorized for state employees and for mileage at the rate established in the state travel rules for state employees while traveling within the state in the performance of official duties.

(b) When a state or local district judge is appointed by the Chief Justice to hear a case or cases in a jurisdiction outside that in which he or she is elected, the judge shall be entitled to reimbursement for travel expenses and mileage as provided in subsection (a) of this section.

Amended by Act 2019, No. 315,§ 1298, eff. 7/24/2019.

Acts 2009, No. 345, § 6; 2011, No. 274, § 8; 2011, No. 1219, § 7.
Ark. Code Ann. § 16-13-329 — AR Code / Title 16 / Chapter 13 / Subchapter 3 / Section 16-13-329
Dual role precluded
Status: in_force

A person shall not serve as both a juvenile probation officer and a juvenile intake officer. Acts 1989, No. 418, § 4; 2003, No. 1166, § 35.

A person shall not serve as both a juvenile probation officer and a juvenile intake officer.

Acts 1989, No. 418, § 4; 2003, No. 1166, § 35.
Ark. Code Ann. § 16-105-502 — AR Code / Title 16 / Chapter 105 / Subchapter 5 / Section 16-105-502
Sport shooting ranges
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the sport shooting range if the sport shooting range is in compliance with noise control ordinances of local units of government that applied to the sport shooting range and its operation at the time the sport shooting range was constructed and began operation. (b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and no court of the state may enjoin the use or operation of a sport shooting range on the basis of noise or noise pollution, if the sport shooting range is in compliance with noise control ordinances of units of local government that applied to the sport shooting range and its operation at the time the sport shooting range was constructed and began operation. (c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located sport shooting range shall not maintain a nuisance action against the person who owns the sport shooting range to restrain, enjoin, or impede the use of the sport shooting range unless there has been a substantial change in the nature of the use of the sport shooting range or by a person using the sport shooting range. (d) Rules adopted by any state agency for establishing levels of noise allowable in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this subchapter. (e) Notwithstanding any other provision of law to the contrary, nothing in this subchapter shall be construed to limit civil liability except in the limited case of noise pollution. Amended by Act 2019, No. 315,§ 1320, eff. 7/24/2019. Acts 1997, No. 602, § 2.

(a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the sport shooting range if the sport shooting range is in compliance with noise control ordinances of local units of government that applied to the sport shooting range and its operation at the time the sport shooting range was constructed and began operation.

(b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and no court of the state may enjoin the use or operation of a sport shooting range on the basis of noise or noise pollution, if the sport shooting range is in compliance with noise control ordinances of units of local government that applied to the sport shooting range and its operation at the time the sport shooting range was constructed and began operation.

(c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located sport shooting range shall not maintain a nuisance action against the person who owns the sport shooting range to restrain, enjoin, or impede the use of the sport shooting range unless there has been a substantial change in the nature of the use of the sport shooting range or by a person using the sport shooting range.

(d) Rules adopted by any state agency for establishing levels of noise allowable in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this subchapter.

(e) Notwithstanding any other provision of law to the contrary, nothing in this subchapter shall be construed to limit civil liability except in the limited case of noise pollution.

Amended by Act 2019, No. 315,§ 1320, eff. 7/24/2019.

Acts 1997, No. 602, § 2.
Ark. Code Ann. § 16-110-407 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-407
Failure of garnishee to answer
Status: in_force

(a) If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to the garnishee, requiring him or her to appear personally at a hearing not later than ten (10) days after receipt of said notice or at such other later date as the court may fix and answer the allegations and interrogatories of the plaintiff. Service of the notice may be made either by the clerk, or by the plaintiff, by any method prescribed by the Arkansas Rules of Civil Procedure for service of notice. (b) The court, after hearing and reviewing the evidence and testimony of both parties, may then render judgment against the garnishee in such amount, if any, as the court finds the garnishee held at the time of service of the writ of garnishment, of any goods, chattels, wages, credits and effects belonging to the defendant, not otherwise exempt under state or federal law; together with attorney's fees and such other reasonable expenses incurred by the plaintiff, as the court may deem appropriate under the facts and circumstances. Amended by Act 2013, No. 229,§ 2, eff. 8/16/2013. Acts 1889, No. 115, § 9, p. 168; C. & M. Dig., § 4916; Pope's Dig., § 6129; A.S.A. 1947, § 31-512; Acts 1989, No. 463, § 1; 1991, No. 1027, § 1.

(a) If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to the garnishee, requiring him or her to appear personally at a hearing not later than ten (10) days after receipt of said notice or at such other later date as the court may fix and answer the allegations and interrogatories of the plaintiff. Service of the notice may be made either by the clerk, or by the plaintiff, by any method prescribed by the Arkansas Rules of Civil Procedure for service of notice.

(b) The court, after hearing and reviewing the evidence and testimony of both parties, may then render judgment against the garnishee in such amount, if any, as the court finds the garnishee held at the time of service of the writ of garnishment, of any goods, chattels, wages, credits and effects belonging to the defendant, not otherwise exempt under state or federal law; together with attorney's fees and such other reasonable expenses incurred by the plaintiff, as the court may deem appropriate under the facts and circumstances.

Amended by Act 2013, No. 229,§ 2, eff. 8/16/2013.

Acts 1889, No. 115, § 9, p. 168; C. & M. Dig., § 4916; Pope's Dig., § 6129; A.S.A. 1947, § 31-512; Acts 1989, No. 463, § 1; 1991, No. 1027, § 1.
Ark. Code Ann. § 16-91-201 — AR Code / Title 16 / Chapter 91 / Subchapter 2 / Section 16-91-201
Access to files
Status: in_force

(a) In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel shall make available to the defendant's state post-conviction counsel the complete files of the defendant's trial counsel, and the defendant's prior counsel on direct appeal shall make available to the defendant's state post-conviction counsel the complete files of the defendant's appellate counsel. (b) The defendant's post-conviction counsel may inspect and photocopy the files, but the defendant's prior trial and appellate counsel shall maintain custody of their respective files for at least five (5) years following completion of the direct review process in state court, except as to the material which is admitted into evidence in any trial proceedings. Acts 1997, No. 925, § 5.

(a) In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel shall make available to the defendant's state post-conviction counsel the complete files of the defendant's trial counsel, and the defendant's prior counsel on direct appeal shall make available to the defendant's state post-conviction counsel the complete files of the defendant's appellate counsel.

(b) The defendant's post-conviction counsel may inspect and photocopy the files, but the defendant's prior trial and appellate counsel shall maintain custody of their respective files for at least five (5) years following completion of the direct review process in state court, except as to the material which is admitted into evidence in any trial proceedings.

Acts 1997, No. 925, § 5.
Ark. Code Ann. § 16-105-302 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-302
Penalties
Status: in_force

(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt. (b) Upon conviction of the contempt, the person shall be imprisoned in the county jail not less than thirty (30) days nor more than six (6) months and may also be fined in any sum not exceeding fifty dollars ($50.00). The building or place shall be closed and not used thereafter for any purpose whatever for a period of twelve (12) months, except by order of the circuit court having cognizance of the case. Acts 1937, No. 118, § 8; Pope's Dig., § 10916; A.S.A. 1947, § 34-118.

(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt.

(b) Upon conviction of the contempt, the person shall be imprisoned in the county jail not less than thirty (30) days nor more than six (6) months and may also be fined in any sum not exceeding fifty dollars ($50.00). The building or place shall be closed and not used thereafter for any purpose whatever for a period of twelve (12) months, except by order of the circuit court having cognizance of the case.

Acts 1937, No. 118, § 8; Pope's Dig., § 10916; A.S.A. 1947, § 34-118.
Ark. Code Ann. § 16-17-933 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-933
Franklin County District Courts
Status: in_force

(a) Franklin County, having two (2) judicial districts, shall have the following district courts and judges: (1) The Charleston District shall have: (A) One (1) district court located in Charleston; and (B) One (1) district judge; and (2) (A) The Ozark District shall have one (1) district court with two (2) departments: (i) One (1) located in Ozark; and (ii) One (1) located in Altus. (B) Both departments are to be served by one (1) district judge. (b) The judge of any district court located in Franklin County shall be elected by the electors of the judicial district in which the court is located. (c) In Franklin County, the jurisdiction of the district court shall be limited to the judicial district in which the court is located. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) Franklin County, having two (2) judicial districts, shall have the following district courts and judges: (1) The Charleston District shall have: (A) One (1) district court located in Charleston; and (B) One (1) district judge; and (2) (A) The Ozark District shall have one (1) district court with two (2) departments: (i) One (1) located in Ozark; and (ii) One (1) located in Altus. (B) Both departments are to be served by one (1) district judge.

(1) The Charleston District shall have: (A) One (1) district court located in Charleston; and (B) One (1) district judge; and

(A) One (1) district court located in Charleston; and

(B) One (1) district judge; and

(2) (A) The Ozark District shall have one (1) district court with two (2) departments: (i) One (1) located in Ozark; and (ii) One (1) located in Altus. (B) Both departments are to be served by one (1) district judge.

(A) The Ozark District shall have one (1) district court with two (2) departments: (i) One (1) located in Ozark; and (ii) One (1) located in Altus.

(i) One (1) located in Ozark; and

(ii) One (1) located in Altus.

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

(b) The judge of any district court located in Franklin County shall be elected by the electors of the judicial district in which the court is located.

(c) In Franklin County, the jurisdiction of the district court shall be limited to the judicial district in which the court is located.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-115-106 — AR Code / Title 16 / Chapter 115 / Section 16-115-106
Answer
Status: in_force

The party against whom the writ of mandamus or writ of prohibition is sought, when properly served with notice, shall file an answer before the hearing and show cause why the writ of mandamus or writ of prohibition should not be granted; otherwise, upon a proper showing, suitable relief shall be speedily granted. Acts 1939, No. 54, § 7; A.S.A. 1947, § 33-107.

The party against whom the writ of mandamus or writ of prohibition is sought, when properly served with notice, shall file an answer before the hearing and show cause why the writ of mandamus or writ of prohibition should not be granted; otherwise, upon a proper showing, suitable relief shall be speedily granted.

Acts 1939, No. 54, § 7; A.S.A. 1947, § 33-107.
Ark. Code Ann. § 16-21-108 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-108
Child support enforcement - Participation in federal programs - Collection and assessment of costs
Status: in_force

(a) The prosecuting attorneys of the several judicial districts in the State of Arkansas shall be designated as local units of government for the express purpose of permitting contracting with the Department of Finance and Administration for the provision of legal services under Part D of Title IV of the Social Security Act of 1935, as delegated to the states in 1975. (b) All collections resulting from such a program shall be placed in a special account for each county, namely a child support enforcement account, and distributed in keeping with the requirements of Pub. L. No. 93-647 and rules and regulations promulgated by the department. (c) (1) In all cases when any circuit court shall levy a fine or forfeiture as a result of an appearance by the prosecutor or his or her deputy, the fine or forfeiture shall be deposited directly with the county treasurer, who shall enter the exact amount into a separate account and deposit the funds into the prosecuting attorney's fund. (2) The county treasurer of those counties composing the Sixth Judicial District shall account for the prosecuting attorney's fund on a separate ledger sheet and shall provide a monthly statement to the prosecuting attorney of the district, itemizing the total by amount of fines, fees, forfeitures, and costs assessed for the month. (d) (1) In each case in which the prosecuting attorney shall make an appearance and the defendant is judged guilty, the court shall assess the defendant costs, which shall be paid directly to the prosecuting attorney's fund. (2) The prosecuting attorney shall enforce the provisions of this section by action to compel assessment of costs, where necessary. (e) (1) The Prosecuting Attorney of the Sixth Judicial District shall submit a proposed budget to the quorum courts of the counties composing the Sixth Judicial District for their advice and counsel. (2) The quorum court shall then make advisory recommendations to both houses of the General Assembly concerning the prosecuting attorney's proposed budget. Acts 1977, No. 565, §§ 1-5; A.S.A. 1947, §§ 24-130 -- 24-134; Acts 2005, No. 1994, § 262.

(a) The prosecuting attorneys of the several judicial districts in the State of Arkansas shall be designated as local units of government for the express purpose of permitting contracting with the Department of Finance and Administration for the provision of legal services under Part D of Title IV of the Social Security Act of 1935, as delegated to the states in 1975.

(b) All collections resulting from such a program shall be placed in a special account for each county, namely a child support enforcement account, and distributed in keeping with the requirements of Pub. L. No. 93-647 and rules and regulations promulgated by the department.

(c) (1) In all cases when any circuit court shall levy a fine or forfeiture as a result of an appearance by the prosecutor or his or her deputy, the fine or forfeiture shall be deposited directly with the county treasurer, who shall enter the exact amount into a separate account and deposit the funds into the prosecuting attorney's fund. (2) The county treasurer of those counties composing the Sixth Judicial District shall account for the prosecuting attorney's fund on a separate ledger sheet and shall provide a monthly statement to the prosecuting attorney of the district, itemizing the total by amount of fines, fees, forfeitures, and costs assessed for the month.

(1) In all cases when any circuit court shall levy a fine or forfeiture as a result of an appearance by the prosecutor or his or her deputy, the fine or forfeiture shall be deposited directly with the county treasurer, who shall enter the exact amount into a separate account and deposit the funds into the prosecuting attorney's fund.

(2) The county treasurer of those counties composing the Sixth Judicial District shall account for the prosecuting attorney's fund on a separate ledger sheet and shall provide a monthly statement to the prosecuting attorney of the district, itemizing the total by amount of fines, fees, forfeitures, and costs assessed for the month.

(d) (1) In each case in which the prosecuting attorney shall make an appearance and the defendant is judged guilty, the court shall assess the defendant costs, which shall be paid directly to the prosecuting attorney's fund. (2) The prosecuting attorney shall enforce the provisions of this section by action to compel assessment of costs, where necessary.

(1) In each case in which the prosecuting attorney shall make an appearance and the defendant is judged guilty, the court shall assess the defendant costs, which shall be paid directly to the prosecuting attorney's fund.

(2) The prosecuting attorney shall enforce the provisions of this section by action to compel assessment of costs, where necessary.

(e) (1) The Prosecuting Attorney of the Sixth Judicial District shall submit a proposed budget to the quorum courts of the counties composing the Sixth Judicial District for their advice and counsel. (2) The quorum court shall then make advisory recommendations to both houses of the General Assembly concerning the prosecuting attorney's proposed budget.

(1) The Prosecuting Attorney of the Sixth Judicial District shall submit a proposed budget to the quorum courts of the counties composing the Sixth Judicial District for their advice and counsel.

(2) The quorum court shall then make advisory recommendations to both houses of the General Assembly concerning the prosecuting attorney's proposed budget.

Acts 1977, No. 565, §§ 1-5; A.S.A. 1947, §§ 24-130 -- 24-134; Acts 2005, No. 1994, § 262.