Ark. Code Ann. § 16-19-304 — AR Code / Title 16 / Chapter 19 / Subchapter 3 / Section 16-19-304
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023. Rev. Stat., ch. 29, §§ 21, 22; C. & M. Dig., §§ 1455, 1456; Pope's Dig., §§ 1756, 1757; A.S.A. 1947, §§ 26-1510, 26-1511.

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023.

Rev. Stat., ch. 29, §§ 21, 22; C. & M. Dig., §§ 1455, 1456; Pope's Dig., §§ 1756, 1757; A.S.A. 1947, §§ 26-1510, 26-1511.
Ark. Code Ann. § 16-67-313 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-313
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 866; C. & M. Dig., § 2139; Pope's Dig., § 2745; Acts 1953, No. 555, §§ 4, 6; A.S.A. 1947, §§ 27-2107 -- 27-2107.2.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Civil Code, § 866; C. & M. Dig., § 2139; Pope's Dig., § 2745; Acts 1953, No. 555, §§ 4, 6; A.S.A. 1947, §§ 27-2107 -- 27-2107.2.
Ark. Code Ann. § 16-111-104 — AR Code / Title 16 / Chapter 111 / Section 16-111-104
Executor, etc
Status: in_force

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto: (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; (b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. Acts 1953, No. 274, § 3; A.S.A. 1947, § 34-2503.

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto:

(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;

(b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

Acts 1953, No. 274, § 3; A.S.A. 1947, § 34-2503.
Ark. Code Ann. § 16-21-2002 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2002
Office space and telephone expense - Contingent expense allowance
Status: in_force

(a) (1) The Prosecuting Attorney of the Fifteenth Judicial District shall be furnished suitable office space and telephone expense. (2) The office space is to be furnished in the county in which the prosecuting attorney resides and shall be paid for by that county monthly at the rate of two hundred dollars ($200) per month from the county general fund. (3) The telephone expense shall be prorated one-fifth (1/5) from Scott County, the balance equally between Logan County, Yell County, and Conway County. (b) (1) In addition, the prosecuting attorney shall be allowed as contingent expense of this office, including postage, printing, office supplies and equipment, stationery, travel expense, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office, and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trial before any grand jury or any court within the Fifteenth Judicial District, coming within the duties of his office, eleven thousand three hundred dollars ($11,300) per annum, to be allocated as follows: (A) Scott County ............... $2,500; (B) Logan County ............... $3,000; (C) Yell County ............... $2,500; and (D) Conway County ............... $3,300. (2) The expenses are to be paid from the county general fund of the respective counties of the Fifteenth Judicial District and shall be paid in equal monthly installments by each county. Acts 1981, No. 298, § 2; A.S.A. 1947, § 24-114.11a; Acts 1987, No. 415, § 1.

(a) (1) The Prosecuting Attorney of the Fifteenth Judicial District shall be furnished suitable office space and telephone expense. (2) The office space is to be furnished in the county in which the prosecuting attorney resides and shall be paid for by that county monthly at the rate of two hundred dollars ($200) per month from the county general fund. (3) The telephone expense shall be prorated one-fifth (1/5) from Scott County, the balance equally between Logan County, Yell County, and Conway County.

(1) The Prosecuting Attorney of the Fifteenth Judicial District shall be furnished suitable office space and telephone expense.

(2) The office space is to be furnished in the county in which the prosecuting attorney resides and shall be paid for by that county monthly at the rate of two hundred dollars ($200) per month from the county general fund.

(3) The telephone expense shall be prorated one-fifth (1/5) from Scott County, the balance equally between Logan County, Yell County, and Conway County.

(b) (1) In addition, the prosecuting attorney shall be allowed as contingent expense of this office, including postage, printing, office supplies and equipment, stationery, travel expense, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office, and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trial before any grand jury or any court within the Fifteenth Judicial District, coming within the duties of his office, eleven thousand three hundred dollars ($11,300) per annum, to be allocated as follows: (A) Scott County ............... $2,500; (B) Logan County ............... $3,000; (C) Yell County ............... $2,500; and (D) Conway County ............... $3,300. (2) The expenses are to be paid from the county general fund of the respective counties of the Fifteenth Judicial District and shall be paid in equal monthly installments by each county.

(1) In addition, the prosecuting attorney shall be allowed as contingent expense of this office, including postage, printing, office supplies and equipment, stationery, travel expense, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office, and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trial before any grand jury or any court within the Fifteenth Judicial District, coming within the duties of his office, eleven thousand three hundred dollars ($11,300) per annum, to be allocated as follows: (A) Scott County ............... $2,500; (B) Logan County ............... $3,000; (C) Yell County ............... $2,500; and (D) Conway County ............... $3,300.

(A) Scott County ............... $2,500;

(B) Logan County ............... $3,000;

(C) Yell County ............... $2,500; and

(D) Conway County ............... $3,300.

(2) The expenses are to be paid from the county general fund of the respective counties of the Fifteenth Judicial District and shall be paid in equal monthly installments by each county.

Acts 1981, No. 298, § 2; A.S.A. 1947, § 24-114.11a; Acts 1987, No. 415, § 1.
Ark. Code Ann. § 16-116-303 — AR Code / Title 16 / Chapter 116 / Subchapter 3 / Section 16-116-303
Applicability
Status: in_force

Nothing contained in this subchapter shall bar recovery by a plaintiff in a cause of action in which the plaintiff proves that the proximate cause of the injury, damage, or death was: (1) A defective firearm, a defective nonpowder gun, or defective ammunition that caused the firearm, nonpowder gun, or ammunition to be at variance with its design; or (2) A defectively designed firearm, a defectively designed nonpowder gun, or defectively designed ammunition that did not function in the manner reasonably expected by the ordinary consumer of the firearm, nonpowder gun, or ammunition. Acts 2003, No. 935, § 3.

Nothing contained in this subchapter shall bar recovery by a plaintiff in a cause of action in which the plaintiff proves that the proximate cause of the injury, damage, or death was:

(1) A defective firearm, a defective nonpowder gun, or defective ammunition that caused the firearm, nonpowder gun, or ammunition to be at variance with its design; or

(2) A defectively designed firearm, a defectively designed nonpowder gun, or defectively designed ammunition that did not function in the manner reasonably expected by the ordinary consumer of the firearm, nonpowder gun, or ammunition.

Acts 2003, No. 935, § 3.
Ark. Code Ann. § 16-110-211 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-211
Enforcement of bonds
Status: in_force

Performance of bonds to obtain discharge of specific attachments or for the forthcoming of property specifically attached may, in all cases, be summarily enforced by rules and proceedings as in cases of contempt. Civil Code, § 274; C. & M. Dig., § 564; Pope's Dig., § 601; A.S.A. 1947, § 31-311.

Performance of bonds to obtain discharge of specific attachments or for the forthcoming of property specifically attached may, in all cases, be summarily enforced by rules and proceedings as in cases of contempt.

Civil Code, § 274; C. & M. Dig., § 564; Pope's Dig., § 601; A.S.A. 1947, § 31-311.
Ark. Code Ann. § 16-19-301 — AR Code / Title 16 / Chapter 19 / Subchapter 3 / Section 16-19-301
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023. Rev. Stat., ch. 29, § 15; Acts 1848, §§ 2-4, p. 36; C. & M. Dig., §§ 1448-1451; Pope's Dig., §§ 1749-1752; Acts 1941, No. 12, §§ 1, 2; A.S.A. 1947, §§ 26-210 -- 26-213.

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

Rev. Stat., ch. 29, § 15; Acts 1848, §§ 2-4, p. 36; C. & M. Dig., §§ 1448-1451; Pope's Dig., §§ 1749-1752; Acts 1941, No. 12, §§ 1, 2; A.S.A. 1947, §§ 26-210 -- 26-213.
Ark. Code Ann. § 16-123-403 — AR Code / Title 16 / Chapter 123 / Subchapter 4 / Section 16-123-403
Definitions
Status: in_force

As used in this subchapter: (1) "Compelling governmental interest" means a governmental interest of the highest order as long-recognized in the history and traditions of this state, that is necessary to advance a vital interest and cannot otherwise be achieved without burdening the exercise of religion; (2) "Demonstrates" means meets the burdens of going forward with the evidence and of persuasion; (3) (A) "Exercise of religion" means the practice or observance of religion. (B) "Exercise of religion" includes without limitation an action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief; (4) "Government" includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law or using any instrumentality of the state to enforce a law, regulation, rule, or policy of the government; (5) "Person" means an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity; (6) "State law" includes without limitation a law of a political subdivision, an ordinance, rule, regulation, or policy, whether statutory or otherwise, or other action by the state or any political subdivision of the state or by any public official authorized by law in the state; and (7) (A) "Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion. (B) "Substantially burden" includes without limitation withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities. Amended by Act 2023, No. 733,§ 2, eff. 8/1/2023. Added by Act 2015, No. 975,§ 1, eff. 4/2/2015. Act 2023, No. 733provides that his act shall be known and may be cited as the "Conscience Protection Act".

As used in this subchapter:

(1) "Compelling governmental interest" means a governmental interest of the highest order as long-recognized in the history and traditions of this state, that is necessary to advance a vital interest and cannot otherwise be achieved without burdening the exercise of religion;

(2) "Demonstrates" means meets the burdens of going forward with the evidence and of persuasion;

(3) (A) "Exercise of religion" means the practice or observance of religion. (B) "Exercise of religion" includes without limitation an action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief;

(A) "Exercise of religion" means the practice or observance of religion.

(B) "Exercise of religion" includes without limitation an action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief;

(4) "Government" includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law or using any instrumentality of the state to enforce a law, regulation, rule, or policy of the government;

(5) "Person" means an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity;

(6) "State law" includes without limitation a law of a political subdivision, an ordinance, rule, regulation, or policy, whether statutory or otherwise, or other action by the state or any political subdivision of the state or by any public official authorized by law in the state; and

(7) (A) "Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion. (B) "Substantially burden" includes without limitation withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.

(A) "Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion.

(B) "Substantially burden" includes without limitation withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.

Amended by Act 2023, No. 733,§ 2, eff. 8/1/2023.

Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.

Act 2023, No. 733provides that his act shall be known and may be cited as the "Conscience Protection Act".
Ark. Code Ann. § 16-93-1604 — AR Code / Title 16 / Chapter 93 / Subchapter 16 / Section 16-93-1604
Powers and duties of the Division of Community Correction
Status: in_force

(a) The Division of Community Correction shall implement the rules or administrative directives described in § 16-93-1603 . (b) (1) The division shall be responsible for the enforcement of the rules and administrative directives established by the Board of Corrections under § 16-93-1603 . (2) The division shall establish all procedures and forms that it deems necessary to implement the rules or administrative directives, and the procedures shall include, but not be limited to, the following: (A) Creating state-issued Arkansas transitional housing facility licenses by type for applicant facilities that have met the standards established by the rules and administrative directives of the board; (B) Establishing the process to be followed by an applicant in making application to the division to receive a license to operate an approved transitional housing facility, which shall include a reasonable application fee to be established by the board; (C) Establishing procedures for the division to accept applications for facilities wishing to obtain a license to operate a transitional housing facility and to investigate whether applicants meet the standards established by the rules and administrative directives of the board; (D) (i) Establishing procedures for the division to notify an applicant when its application has been approved or denied. (ii) All denials shall specify in writing the reason for the application's denial; (E) Establishing procedures to investigate complaints that a licensed transitional housing facility is in violation of the standards established by the rules and administrative directives of the board; (F) Establishing procedures for the division to suspend or revoke a license when a license holder is no longer in compliance with or violates the rules and administrative directives of the board; and (G) Establishing procedures for the division to impose civil penalties for the operation of a transitional housing facility without a valid license issued by the division. (c) The Director of the Division of Community Correction and the staff of the division shall provide administrative support to the board. Amended by Act 2019, No. 159,§ 2, eff. 7/24/2019. Acts 2005, No. 1378, § 2; 2009, No. 615, § 2.

(a) The Division of Community Correction shall implement the rules or administrative directives described in § 16-93-1603 .

(b) (1) The division shall be responsible for the enforcement of the rules and administrative directives established by the Board of Corrections under § 16-93-1603 . (2) The division shall establish all procedures and forms that it deems necessary to implement the rules or administrative directives, and the procedures shall include, but not be limited to, the following: (A) Creating state-issued Arkansas transitional housing facility licenses by type for applicant facilities that have met the standards established by the rules and administrative directives of the board; (B) Establishing the process to be followed by an applicant in making application to the division to receive a license to operate an approved transitional housing facility, which shall include a reasonable application fee to be established by the board; (C) Establishing procedures for the division to accept applications for facilities wishing to obtain a license to operate a transitional housing facility and to investigate whether applicants meet the standards established by the rules and administrative directives of the board; (D) (i) Establishing procedures for the division to notify an applicant when its application has been approved or denied. (ii) All denials shall specify in writing the reason for the application's denial; (E) Establishing procedures to investigate complaints that a licensed transitional housing facility is in violation of the standards established by the rules and administrative directives of the board; (F) Establishing procedures for the division to suspend or revoke a license when a license holder is no longer in compliance with or violates the rules and administrative directives of the board; and (G) Establishing procedures for the division to impose civil penalties for the operation of a transitional housing facility without a valid license issued by the division.

(1) The division shall be responsible for the enforcement of the rules and administrative directives established by the Board of Corrections under § 16-93-1603 .

(2) The division shall establish all procedures and forms that it deems necessary to implement the rules or administrative directives, and the procedures shall include, but not be limited to, the following: (A) Creating state-issued Arkansas transitional housing facility licenses by type for applicant facilities that have met the standards established by the rules and administrative directives of the board; (B) Establishing the process to be followed by an applicant in making application to the division to receive a license to operate an approved transitional housing facility, which shall include a reasonable application fee to be established by the board; (C) Establishing procedures for the division to accept applications for facilities wishing to obtain a license to operate a transitional housing facility and to investigate whether applicants meet the standards established by the rules and administrative directives of the board; (D) (i) Establishing procedures for the division to notify an applicant when its application has been approved or denied. (ii) All denials shall specify in writing the reason for the application's denial; (E) Establishing procedures to investigate complaints that a licensed transitional housing facility is in violation of the standards established by the rules and administrative directives of the board; (F) Establishing procedures for the division to suspend or revoke a license when a license holder is no longer in compliance with or violates the rules and administrative directives of the board; and (G) Establishing procedures for the division to impose civil penalties for the operation of a transitional housing facility without a valid license issued by the division.

(A) Creating state-issued Arkansas transitional housing facility licenses by type for applicant facilities that have met the standards established by the rules and administrative directives of the board;

(B) Establishing the process to be followed by an applicant in making application to the division to receive a license to operate an approved transitional housing facility, which shall include a reasonable application fee to be established by the board;

(C) Establishing procedures for the division to accept applications for facilities wishing to obtain a license to operate a transitional housing facility and to investigate whether applicants meet the standards established by the rules and administrative directives of the board;

(D) (i) Establishing procedures for the division to notify an applicant when its application has been approved or denied. (ii) All denials shall specify in writing the reason for the application's denial;

(i) Establishing procedures for the division to notify an applicant when its application has been approved or denied.

(ii) All denials shall specify in writing the reason for the application's denial;

(E) Establishing procedures to investigate complaints that a licensed transitional housing facility is in violation of the standards established by the rules and administrative directives of the board;

(F) Establishing procedures for the division to suspend or revoke a license when a license holder is no longer in compliance with or violates the rules and administrative directives of the board; and

(G) Establishing procedures for the division to impose civil penalties for the operation of a transitional housing facility without a valid license issued by the division.

(c) The Director of the Division of Community Correction and the staff of the division shall provide administrative support to the board.

Amended by Act 2019, No. 159,§ 2, eff. 7/24/2019.

Acts 2005, No. 1378, § 2; 2009, No. 615, § 2.
Ark. Code Ann. § 16-112-115 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-115
Discharge, remand, admission to bail, or other order - Costs
Status: in_force

The judge before whom the writ is returned, after hearing the matter, both upon the return and any other evidence, shall either discharge or remand the petitioner, admit the prisoner to bail, or make such order as may be proper. He or she shall adjudge the costs of the proceeding, including the charge for transporting the prisoner, to be paid as shall seem right. The payment may be enforced by attachment or otherwise by the court to which the proceedings are returned. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5115; Pope's Dig., § 6378; A.S.A. 1947, § 34-1730.

The judge before whom the writ is returned, after hearing the matter, both upon the return and any other evidence, shall either discharge or remand the petitioner, admit the prisoner to bail, or make such order as may be proper. He or she shall adjudge the costs of the proceeding, including the charge for transporting the prisoner, to be paid as shall seem right. The payment may be enforced by attachment or otherwise by the court to which the proceedings are returned.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5115; Pope's Dig., § 6378; A.S.A. 1947, § 34-1730.
Ark. Code Ann. § 16-120-401 — AR Code / Title 16 / Chapter 120 / Subchapter 4 / Section 16-120-401
Exemption for requested assistance
Status: in_force

Any person or entity who, at the request of any city, county, or state agency, supplies specialized equipment or personnel in response to an emergency shall not be liable for any civil damages for good faith acts or omissions, provided that the services or equipment was provided without compensation and at the place of the emergency. Acts 1993, No. 1191, § 1.

Any person or entity who, at the request of any city, county, or state agency, supplies specialized equipment or personnel in response to an emergency shall not be liable for any civil damages for good faith acts or omissions, provided that the services or equipment was provided without compensation and at the place of the emergency.

Acts 1993, No. 1191, § 1.
Ark. Code Ann. § 16-85-518 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-518
Experts - Expenses
Status: in_force

Grand juries may employ experts and other professionals to assist in the grand jury investigations if, prior to the employment, the quorum court and county judge approve the employment. In that case, all expenses resulting from the employment shall be paid by the county. Acts 1987, No. 318, § 1.

Grand juries may employ experts and other professionals to assist in the grand jury investigations if, prior to the employment, the quorum court and county judge approve the employment. In that case, all expenses resulting from the employment shall be paid by the county.

Acts 1987, No. 318, § 1.
Ark. Code Ann. § 16-110-408 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-408
Discharge of garnishment issued before judgment upon filing of bond by defendant
Status: in_force

(a) (1) Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount for which the garnishment was issued that he or she will pay any judgment which may finally be rendered against him or her in the action. (2) Upon judgment being rendered against the defendant, summary judgment may be rendered against the sureties in the bond. (b) The bond provided for in this section shall be executed as surety by some surety company authorized to transact business in the State of Arkansas or by at least two (2) individuals who are residents and citizens of the county in which the suit is pending. In addition, each of them shall be the owner of real estate located in the county, worth over and above all encumbrances against the property and all exemptions allowed by law to the surety, a sum equal to or in excess of the amount of the bond so executed. (c) Before any clerk shall approve any bond so presented, he or she shall require that the sureties on the bond, if they are individuals, to qualify on the bond by making oath to the facts required in subsection (b) of this section. If any person shall knowingly swear falsely in the affidavit, he or she shall be deemed guilty of perjury and be punished accordingly. (d) The clerk shall satisfy himself or herself of the sufficiency of the bond before he or she shall approve it. If the clerk shall approve the bond, he or she shall file it and shall issue a notice directed to the garnishee notifying him or her of the filing and approval of the bond and the release of the garnishment. The notice shall be signed by the clerk, bear the seal of the court, and be served on the garnishee by the county sheriff or constable, and return shall be made thereon as in cases of other writs of process. Acts 1925, No. 177, §§ 1-4; Pope's Dig., §§ 6132-6135; A.S.A. 1947, §§ 31-515 -- 31-518; Acts 2003, No. 1185, § 230.

(a) (1) Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount for which the garnishment was issued that he or she will pay any judgment which may finally be rendered against him or her in the action. (2) Upon judgment being rendered against the defendant, summary judgment may be rendered against the sureties in the bond.

(1) Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount for which the garnishment was issued that he or she will pay any judgment which may finally be rendered against him or her in the action.

(2) Upon judgment being rendered against the defendant, summary judgment may be rendered against the sureties in the bond.

(b) The bond provided for in this section shall be executed as surety by some surety company authorized to transact business in the State of Arkansas or by at least two (2) individuals who are residents and citizens of the county in which the suit is pending. In addition, each of them shall be the owner of real estate located in the county, worth over and above all encumbrances against the property and all exemptions allowed by law to the surety, a sum equal to or in excess of the amount of the bond so executed.

(c) Before any clerk shall approve any bond so presented, he or she shall require that the sureties on the bond, if they are individuals, to qualify on the bond by making oath to the facts required in subsection (b) of this section. If any person shall knowingly swear falsely in the affidavit, he or she shall be deemed guilty of perjury and be punished accordingly.

(d) The clerk shall satisfy himself or herself of the sufficiency of the bond before he or she shall approve it. If the clerk shall approve the bond, he or she shall file it and shall issue a notice directed to the garnishee notifying him or her of the filing and approval of the bond and the release of the garnishment. The notice shall be signed by the clerk, bear the seal of the court, and be served on the garnishee by the county sheriff or constable, and return shall be made thereon as in cases of other writs of process.

Acts 1925, No. 177, §§ 1-4; Pope's Dig., §§ 6132-6135; A.S.A. 1947, §§ 31-515 -- 31-518; Acts 2003, No. 1185, § 230.
Ark. Code Ann. § 16-93-310 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-310
Probation generally - Revocation - Community correction program
Status: in_force

(a) When a person sentenced under a community correction program, § 5-4-312 , violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter. (b) Upon revocation, the court of jurisdiction shall determine whether the offender shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Community Correction. (c) (1) If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment. (2) (A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial or administrative transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and (ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs. (B) Post-prison supervision shall accompany and follow community correction programming when appropriate. Amended by Act 2023, No. 659,§ 183, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 907, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 906, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 20, eff. 10/1/2017. Acts 2011, No. 570, § 90.

(a) When a person sentenced under a community correction program, § 5-4-312 , violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter.

(b) Upon revocation, the court of jurisdiction shall determine whether the offender shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Community Correction.

(c) (1) If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment. (2) (A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial or administrative transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and (ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs. (B) Post-prison supervision shall accompany and follow community correction programming when appropriate.

(1) If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment.

(2) (A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial or administrative transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and (ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs. (B) Post-prison supervision shall accompany and follow community correction programming when appropriate.

(A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial or administrative transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and (ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs.

(i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and

(ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs.

(B) Post-prison supervision shall accompany and follow community correction programming when appropriate.

Amended by Act 2023, No. 659,§ 183, eff. 1/1/2024.

Amended by Act 2021, No. 55,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 907, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 906, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 20, eff. 10/1/2017.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-17-131 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-131
Failure to appear - Required appearance - Suspension of driver's license
Status: in_force

(a) A person required to appear before a district court in this state, having been served with any form of notice to appear for any criminal offense, traffic violation, or misdemeanor charge, shall appear at the time and place designated in the notice. (b) (1) If a person has failed to appear in district court, the district court may suspend the person's driver's license if the district court: (A) Orders the suspension to begin thirty (30) days after the date of the order if the person fails to make arrangements to appear; and (B) Transmits a copy of the order electronically, by fax, or by letter to the Office of Driver Services. (2) The Department of Finance and Administration shall notify the person by first class mail sent to the person's last known address that he or she risks having his or her driver's license suspended if the person does not make arrangements with the district court to appear within thirty (30) days of the date of the order suspending the driver's license. (3) (A) If the person makes sufficient arrangements within thirty (30) days to appear, the district court shall issue a new order stating that the person's driver's license is not suspended as directed under subdivision (b)(1) of this section. (B) The district court shall transmit a copy of the order rescinding the suspension of the person's driver's license to the department electronically, by fax, or by letter. (C) Upon receipt of the order, the department shall immediately reinstate the person's driver's license and shall not require a reinstatement fee. (c) (1) (A) If the person makes arrangements with the district court within thirty (30) days of the date of the notice and appears at the arranged time and location, the district court shall not suspend the person's driver's license. (B) However, if the person fails to make arrangements to appear within thirty (30) days, the driver's license may be suspended until the person appears and completes the sentence ordered by the district court. (2) To suspend a driver's license, the district court must provide the department with the reason for the suspension and the person's full name, date of birth, and last known address. (3) The district court may issue an order for a restricted driving permit in accordance with § 27-16-916 . (d) After the person satisfies all requirements of the sentence, the department shall assess the current fees for reinstatement of a driver's license. (e) (1) An acquittal or a dismissal of a charge of failure to appear that is used as the basis to suspend the person's driver's license shall reverse the suspension of the person's driver's license under this section. (2) Upon an acquittal or dismissal of a charge as described in subdivision (e)(1) of this section, the office shall reinstate the person's driver's license without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively suspending the person's driver's license in the future. Amended by Act 2021, No. 1049,§ 2, eff. 7/28/2021. Acts 2001, No. 1243, § 1; 2003, No. 1185, § 119.

(a) A person required to appear before a district court in this state, having been served with any form of notice to appear for any criminal offense, traffic violation, or misdemeanor charge, shall appear at the time and place designated in the notice.

(b) (1) If a person has failed to appear in district court, the district court may suspend the person's driver's license if the district court: (A) Orders the suspension to begin thirty (30) days after the date of the order if the person fails to make arrangements to appear; and (B) Transmits a copy of the order electronically, by fax, or by letter to the Office of Driver Services. (2) The Department of Finance and Administration shall notify the person by first class mail sent to the person's last known address that he or she risks having his or her driver's license suspended if the person does not make arrangements with the district court to appear within thirty (30) days of the date of the order suspending the driver's license. (3) (A) If the person makes sufficient arrangements within thirty (30) days to appear, the district court shall issue a new order stating that the person's driver's license is not suspended as directed under subdivision (b)(1) of this section. (B) The district court shall transmit a copy of the order rescinding the suspension of the person's driver's license to the department electronically, by fax, or by letter. (C) Upon receipt of the order, the department shall immediately reinstate the person's driver's license and shall not require a reinstatement fee.

(1) If a person has failed to appear in district court, the district court may suspend the person's driver's license if the district court: (A) Orders the suspension to begin thirty (30) days after the date of the order if the person fails to make arrangements to appear; and (B) Transmits a copy of the order electronically, by fax, or by letter to the Office of Driver Services.

(A) Orders the suspension to begin thirty (30) days after the date of the order if the person fails to make arrangements to appear; and

(B) Transmits a copy of the order electronically, by fax, or by letter to the Office of Driver Services.

(2) The Department of Finance and Administration shall notify the person by first class mail sent to the person's last known address that he or she risks having his or her driver's license suspended if the person does not make arrangements with the district court to appear within thirty (30) days of the date of the order suspending the driver's license.

(3) (A) If the person makes sufficient arrangements within thirty (30) days to appear, the district court shall issue a new order stating that the person's driver's license is not suspended as directed under subdivision (b)(1) of this section. (B) The district court shall transmit a copy of the order rescinding the suspension of the person's driver's license to the department electronically, by fax, or by letter. (C) Upon receipt of the order, the department shall immediately reinstate the person's driver's license and shall not require a reinstatement fee.

(A) If the person makes sufficient arrangements within thirty (30) days to appear, the district court shall issue a new order stating that the person's driver's license is not suspended as directed under subdivision (b)(1) of this section.

(B) The district court shall transmit a copy of the order rescinding the suspension of the person's driver's license to the department electronically, by fax, or by letter.

(C) Upon receipt of the order, the department shall immediately reinstate the person's driver's license and shall not require a reinstatement fee.

(c) (1) (A) If the person makes arrangements with the district court within thirty (30) days of the date of the notice and appears at the arranged time and location, the district court shall not suspend the person's driver's license. (B) However, if the person fails to make arrangements to appear within thirty (30) days, the driver's license may be suspended until the person appears and completes the sentence ordered by the district court. (2) To suspend a driver's license, the district court must provide the department with the reason for the suspension and the person's full name, date of birth, and last known address. (3) The district court may issue an order for a restricted driving permit in accordance with § 27-16-916 .

(1) (A) If the person makes arrangements with the district court within thirty (30) days of the date of the notice and appears at the arranged time and location, the district court shall not suspend the person's driver's license. (B) However, if the person fails to make arrangements to appear within thirty (30) days, the driver's license may be suspended until the person appears and completes the sentence ordered by the district court.

(A) If the person makes arrangements with the district court within thirty (30) days of the date of the notice and appears at the arranged time and location, the district court shall not suspend the person's driver's license.

(B) However, if the person fails to make arrangements to appear within thirty (30) days, the driver's license may be suspended until the person appears and completes the sentence ordered by the district court.

(2) To suspend a driver's license, the district court must provide the department with the reason for the suspension and the person's full name, date of birth, and last known address.

(3) The district court may issue an order for a restricted driving permit in accordance with § 27-16-916 .

(d) After the person satisfies all requirements of the sentence, the department shall assess the current fees for reinstatement of a driver's license.

(e) (1) An acquittal or a dismissal of a charge of failure to appear that is used as the basis to suspend the person's driver's license shall reverse the suspension of the person's driver's license under this section. (2) Upon an acquittal or dismissal of a charge as described in subdivision (e)(1) of this section, the office shall reinstate the person's driver's license without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively suspending the person's driver's license in the future.

(1) An acquittal or a dismissal of a charge of failure to appear that is used as the basis to suspend the person's driver's license shall reverse the suspension of the person's driver's license under this section.

(2) Upon an acquittal or dismissal of a charge as described in subdivision (e)(1) of this section, the office shall reinstate the person's driver's license without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively suspending the person's driver's license in the future.

Amended by Act 2021, No. 1049,§ 2, eff. 7/28/2021.

Acts 2001, No. 1243, § 1; 2003, No. 1185, § 119.
Ark. Code Ann. § 16-65-111 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-111
Death of party
Status: in_force

(a) If, after a verdict is rendered in any action, either party dies before judgment is actually entered thereon, the court may at any time during the term at which the verdict was rendered enter final judgment in the names of the original parties. (b) Nothing in subsection (a) of this section shall be construed to authorize the entry of the judgment against any party who may have died before a verdict was actually rendered against him or her, notwithstanding he or she may have died on the first day or any other day of the term at which the verdict may have been rendered. Such a verdict shall be void. Rev. Stat., ch. 1, §§ 11, 12; C. & M. Dig., §§ 1306, 1307; Pope's Dig., §§ 1531, 1532; A.S.A. 1947, §§ 29-105, 29-106.

(a) If, after a verdict is rendered in any action, either party dies before judgment is actually entered thereon, the court may at any time during the term at which the verdict was rendered enter final judgment in the names of the original parties.

(b) Nothing in subsection (a) of this section shall be construed to authorize the entry of the judgment against any party who may have died before a verdict was actually rendered against him or her, notwithstanding he or she may have died on the first day or any other day of the term at which the verdict may have been rendered. Such a verdict shall be void.

Rev. Stat., ch. 1, §§ 11, 12; C. & M. Dig., §§ 1306, 1307; Pope's Dig., §§ 1531, 1532; A.S.A. 1947, §§ 29-105, 29-106.
Ark. Code Ann. § 16-111-108 — AR Code / Title 16 / Chapter 111 / Section 16-111-108
Supplementary relief
Status: in_force

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. Acts 1953, No. 274, § 7; A.S.A. 1947, § 34-2507.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

Acts 1953, No. 274, § 7; A.S.A. 1947, § 34-2507.
Ark. Code Ann. § 16-22-306 — AR Code / Title 16 / Chapter 22 / Subchapter 3 / Section 16-22-306
Negligence of attorney resulting in dismissal - Liability for costs and damages
Status: in_force

If any suit in any court of record in this state is dismissed on account of the negligence of any attorney at law, or for his nonattendance at the court without having a just and reasonable excuse for such absence, it shall be at the costs of the attorney at law. Such attorney at law shall be liable for all damages his client may have sustained by the dismissal or by any other neglect by the attorney at law of his duty, in an action in any court within this state having jurisdiction thereof. Rev. Stat., ch. 15, § 10; C. & M. Dig., § 608; Pope's Dig., § 648; A.S.A. 1947, § 25-304.

If any suit in any court of record in this state is dismissed on account of the negligence of any attorney at law, or for his nonattendance at the court without having a just and reasonable excuse for such absence, it shall be at the costs of the attorney at law. Such attorney at law shall be liable for all damages his client may have sustained by the dismissal or by any other neglect by the attorney at law of his duty, in an action in any court within this state having jurisdiction thereof.

Rev. Stat., ch. 15, § 10; C. & M. Dig., § 608; Pope's Dig., § 648; A.S.A. 1947, § 25-304.
Ark. Code Ann. § 16-67-324 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-324
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 883; Acts 1913, No. 62, § 1; C. & M. Dig., § 2171; Pope's Dig., § 2777; A.S.A. 1947, § 27-2142.

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

Civil Code, § 883; Acts 1913, No. 62, § 1; C. & M. Dig., § 2171; Pope's Dig., § 2777; A.S.A. 1947, § 27-2142.
Ark. Code Ann. § 16-106-202 — AR Code / Title 16 / Chapter 106 / Subchapter 2 / Section 16-106-202
Premature, frivolous, or malicious lawsuits
Status: in_force

(a) A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether or not the plaintiff was represented in court, by an inmate in a penal institution or an incarcerated person appearing pro se may be: (1) Dismissed without prejudice by the court on its own motion or on a motion of the defendant, if all administrative remedies available to the inmate have not been exhausted; or (2) Dismissed with prejudice by the court on a motion of the defendant if the court is satisfied that the action is frivolous or malicious. (b) As used in this section, "civil action" does not include a petition for a writ of habeas corpus or other petition for post-conviction release in which the court is jurisdictionally empowered to grant release from incarceration or a reduction in sentence. Amended by Act 2019, No. 910,§ 966, eff. 7/1/2019. Acts 1997, No. 371, § 1.

(a) A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether or not the plaintiff was represented in court, by an inmate in a penal institution or an incarcerated person appearing pro se may be: (1) Dismissed without prejudice by the court on its own motion or on a motion of the defendant, if all administrative remedies available to the inmate have not been exhausted; or (2) Dismissed with prejudice by the court on a motion of the defendant if the court is satisfied that the action is frivolous or malicious.

(1) Dismissed without prejudice by the court on its own motion or on a motion of the defendant, if all administrative remedies available to the inmate have not been exhausted; or

(2) Dismissed with prejudice by the court on a motion of the defendant if the court is satisfied that the action is frivolous or malicious.

(b) As used in this section, "civil action" does not include a petition for a writ of habeas corpus or other petition for post-conviction release in which the court is jurisdictionally empowered to grant release from incarceration or a reduction in sentence.

Amended by Act 2019, No. 910,§ 966, eff. 7/1/2019.

Acts 1997, No. 371, § 1.
Ark. Code Ann. § 16-84-102 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-102
Persons authorized to take bail
Status: in_force

(a) The following may take bail: (1) A judge, magistrate, or clerk of the court; (2) A sheriff or deputy sheriff with respect to any person committed to the common jail of the county; (3) Any law enforcement officer designated by a municipal police department with respect to any person committed to a municipal jail; and (4) A law enforcement officer making an arrest as authorized under § 16-81-109 . (b) A constable shall not take bail. Acts 1989, No. 417, § 5; 2005, No. 1994, § 270.

(a) The following may take bail: (1) A judge, magistrate, or clerk of the court; (2) A sheriff or deputy sheriff with respect to any person committed to the common jail of the county; (3) Any law enforcement officer designated by a municipal police department with respect to any person committed to a municipal jail; and (4) A law enforcement officer making an arrest as authorized under § 16-81-109 .

(1) A judge, magistrate, or clerk of the court;

(2) A sheriff or deputy sheriff with respect to any person committed to the common jail of the county;

(3) Any law enforcement officer designated by a municipal police department with respect to any person committed to a municipal jail; and

(4) A law enforcement officer making an arrest as authorized under § 16-81-109 .

(b) A constable shall not take bail.

Acts 1989, No. 417, § 5; 2005, No. 1994, § 270.
Ark. Code Ann. § 16-43-1202 — AR Code / Title 16 / Chapter 43 / Subchapter 12 / Section 16-43-1202
Safeguards for child victims testifying in judicial and administrative proceedings
Status: in_force

In order to facilitate testimony that is fair and accurate, the following safeguards should be followed: (1) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall inform the child about the nature of the judicial proceeding or administrative proceeding; (2) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain: (A) The oath that will be administered to the child; and (B) That the judge will determine whether the child is competent to testify; (3) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain to the child that if the child does not understand a question while testifying in the judicial proceeding or administrative proceeding, the child has a right to say that he or she does not understand the question; (4) The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify at a time of day when the child is most alert and best able to understand questions posed in court; (5) If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a comfort item when testifying in a judicial or administrative proceeding; (6) If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a support person present when the child testifies in a judicial proceeding or an administrative proceeding; (7) The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney shall consider the effect upon the child when the child is subjected to argumentative or harassing questions and shall make the proper objections when appropriate to ensure that the child is not subjected to argumentative or harassing questioning; and (8) The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify remotely using closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably. Amended by Act 2021, No. 1026,§ 2, eff. 7/28/2021. Acts 2007, No. 703, § 15.

In order to facilitate testimony that is fair and accurate, the following safeguards should be followed:

(1) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall inform the child about the nature of the judicial proceeding or administrative proceeding;

(2) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain: (A) The oath that will be administered to the child; and (B) That the judge will determine whether the child is competent to testify;

(A) The oath that will be administered to the child; and

(B) That the judge will determine whether the child is competent to testify;

(3) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain to the child that if the child does not understand a question while testifying in the judicial proceeding or administrative proceeding, the child has a right to say that he or she does not understand the question;

(4) The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify at a time of day when the child is most alert and best able to understand questions posed in court;

(5) If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a comfort item when testifying in a judicial or administrative proceeding;

(6) If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a support person present when the child testifies in a judicial proceeding or an administrative proceeding;

(7) The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney shall consider the effect upon the child when the child is subjected to argumentative or harassing questions and shall make the proper objections when appropriate to ensure that the child is not subjected to argumentative or harassing questioning; and

(8) The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify remotely using closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably.

Amended by Act 2021, No. 1026,§ 2, eff. 7/28/2021.

Acts 2007, No. 703, § 15.
Ark. Code Ann. § 16-67-323 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-323
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Rev. Stat., ch. 127, § 2; C. & M. Dig., § 2182; Pope's Dig., § 2791; A.S.A. 1947, § 27-2143.

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

Rev. Stat., ch. 127, § 2; C. & M. Dig., § 2182; Pope's Dig., § 2791; A.S.A. 1947, § 27-2143.
Ark. Code Ann. § 16-94-203 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-203
Procedure generally
Status: in_force

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth. Acts 1935, No. 126, § 3; Pope's Dig., § 6083; A.S.A. 1947, § 43-3003.

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.

Acts 1935, No. 126, § 3; Pope's Dig., § 6083; A.S.A. 1947, § 43-3003.
Ark. Code Ann. § 16-123-404 — AR Code / Title 16 / Chapter 123 / Subchapter 4 / Section 16-123-404
Free exercise of religion protected
Status: in_force

(a) A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, unless it is demonstrated that application of the burden to the person in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest. (b) (1) A person whose religious exercise has been burdened, or will be burdened, in violation of this section may assert that violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against a government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs. (2) Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts. (c) An action under this subchapter may be commenced and relief may be granted without regard to whether the person commencing the action has sought or exhausted all available administrative remedies. Amended by Act 2023, No. 733,§ 3, eff. 8/1/2023. Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.

(a) A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, unless it is demonstrated that application of the burden to the person in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest.

(1) Essential to further a compelling governmental interest; and

(2) The least restrictive means of furthering that compelling governmental interest.

(b) (1) A person whose religious exercise has been burdened, or will be burdened, in violation of this section may assert that violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against a government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs. (2) Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts.

(1) A person whose religious exercise has been burdened, or will be burdened, in violation of this section may assert that violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against a government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs.

(2) Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts.

(c) An action under this subchapter may be commenced and relief may be granted without regard to whether the person commencing the action has sought or exhausted all available administrative remedies.

Amended by Act 2023, No. 733,§ 3, eff. 8/1/2023.

Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Ark. Code Ann. § 16-21-1501 — AR Code / Title 16 / Chapter 21 / Subchapter 15 / Section 16-21-1501
Applicability
Status: in_force

This subchapter shall apply to the Tenth Judicial District, which is composed of Ashley County, Bradley County, Chicot County, Desha County, and Drew County. Acts 1985, No. 1097, § 1; A.S.A. 1947, § 24-114.19.

This subchapter shall apply to the Tenth Judicial District, which is composed of Ashley County, Bradley County, Chicot County, Desha County, and Drew County.

Acts 1985, No. 1097, § 1; A.S.A. 1947, § 24-114.19.
Ark. Code Ann. § 16-94-101 — AR Code / Title 16 / Chapter 94 / Subchapter 1 / Section 16-94-101
Expenses incurred in return of fugitives
Status: in_force

(a) County judges may and are authorized and empowered to pay out of the general revenue fund of the county the necessary expenses incurred by the county sheriff of the county incident to the return of fugitives to the state. (b) In order for a county sheriff or his or her deputy to avail himself or herself of the provisions of this section, it shall be necessary to secure a requisition from the Governor for the return of the fugitive and to file an itemized account of the necessary expenses incurred in the capture and return of the fugitive to the state, which account shall be properly sworn to and verified. Acts 1925, No. 364, §§ 1, 2; Pope's Dig., §§ 6110, 6111; A.S.A. 1947, §§ 43-3029, 43-3030.

(a) County judges may and are authorized and empowered to pay out of the general revenue fund of the county the necessary expenses incurred by the county sheriff of the county incident to the return of fugitives to the state.

(b) In order for a county sheriff or his or her deputy to avail himself or herself of the provisions of this section, it shall be necessary to secure a requisition from the Governor for the return of the fugitive and to file an itemized account of the necessary expenses incurred in the capture and return of the fugitive to the state, which account shall be properly sworn to and verified.

Acts 1925, No. 364, §§ 1, 2; Pope's Dig., §§ 6110, 6111; A.S.A. 1947, §§ 43-3029, 43-3030.
Ark. Code Ann. § 16-117-402 — AR Code / Title 16 / Chapter 117 / Subchapter 4 / Section 16-117-402
Actions contesting assignment
Status: in_force

(a) All proceedings for the purpose of contesting the validity of the assignment shall be instituted within six (6) months from the date of the assignment, by filing complaint in the circuit court of the proper county, setting forth the grounds upon which the assignment is contested. (b) Any creditor or person interested in the execution of the assignment may be made parties plaintiff or defendant to the proceeding. (c) If, for any cause, the assignment is declared void, the assignment shall then be considered and treated as a general assignment of all his or her property, not exempt from execution, for the benefit of all his or her creditors pro rata. The property shall be disposed of and distributed for their benefit under the orders and direction of the circuit court. The assignee shall become subject to the control and direction of the circuit court in the same manner as if he or she had been appointed a receiver to take charge of the fund in circuit court. Acts 1895, No. 109, § 3, p. 162; C. & M. Dig., § 489; Pope's Dig., § 526; A.S.A. 1947, § 36-304.

(a) All proceedings for the purpose of contesting the validity of the assignment shall be instituted within six (6) months from the date of the assignment, by filing complaint in the circuit court of the proper county, setting forth the grounds upon which the assignment is contested.

(b) Any creditor or person interested in the execution of the assignment may be made parties plaintiff or defendant to the proceeding.

(c) If, for any cause, the assignment is declared void, the assignment shall then be considered and treated as a general assignment of all his or her property, not exempt from execution, for the benefit of all his or her creditors pro rata. The property shall be disposed of and distributed for their benefit under the orders and direction of the circuit court. The assignee shall become subject to the control and direction of the circuit court in the same manner as if he or she had been appointed a receiver to take charge of the fund in circuit court.

Acts 1895, No. 109, § 3, p. 162; C. & M. Dig., § 489; Pope's Dig., § 526; A.S.A. 1947, § 36-304.
Ark. Code Ann. § 16-10-805 — AR Code / Title 16 / Chapter 10 / Subchapter 8 / Section 16-10-805
Employment of county staff
Status: in_force

This chapter does not preclude or prohibit any circuit judge from obtaining payment for the services of a substitute trial court administrator from the county or counties composing the circuit judge's judicial district rather than from the Administrative Office of the Courts. Amended by Act 2015, No. 268,§ 3, eff. 7/1/2015. Acts 1999, No. 393, § 5.

This chapter does not preclude or prohibit any circuit judge from obtaining payment for the services of a substitute trial court administrator from the county or counties composing the circuit judge's judicial district rather than from the Administrative Office of the Courts.

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

Acts 1999, No. 393, § 5.
Ark. Code Ann. § 16-65-503 — AR Code / Title 16 / Chapter 65 / Subchapter 5 / Section 16-65-503
Revival against administrators in succession
Status: in_force

If any executor or administrator who is a plaintiff or defendant in any judgment or decree dies, resigns, or is dismissed before the judgment or decree is satisfied or carried into effect, the judgment or decree may be revived by or against the administrator in succession in the manner provided for in this subchapter. Rev. Stat., ch. 84, § 18; C. & M. Dig., § 6315; Pope's Dig., § 8270; A.S.A. 1947, § 29-615.

If any executor or administrator who is a plaintiff or defendant in any judgment or decree dies, resigns, or is dismissed before the judgment or decree is satisfied or carried into effect, the judgment or decree may be revived by or against the administrator in succession in the manner provided for in this subchapter.

Rev. Stat., ch. 84, § 18; C. & M. Dig., § 6315; Pope's Dig., § 8270; A.S.A. 1947, § 29-615.
Ark. Code Ann. § 16-17-951 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-951
Little River County District Court
Status: in_force

(a) (1) Little River County shall have one (1) district court with three (3) departments: (A) One (1) located in Ashdown; (B) One (1) located in Foreman; and (C) One (1) located in Winthrop. (2) All departments are to be served by one (1) judge. (b) The Little River County District Court Judge shall be elected countywide. (c) The Little River County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51; 2011, No. 1218, § 7.

(a) (1) Little River County shall have one (1) district court with three (3) departments: (A) One (1) located in Ashdown; (B) One (1) located in Foreman; and (C) One (1) located in Winthrop. (2) All departments are to be served by one (1) judge.

(1) Little River County shall have one (1) district court with three (3) departments: (A) One (1) located in Ashdown; (B) One (1) located in Foreman; and (C) One (1) located in Winthrop.

(A) One (1) located in Ashdown;

(B) One (1) located in Foreman; and

(C) One (1) located in Winthrop.

(2) All departments are to be served by one (1) judge.

(b) The Little River County District Court Judge shall be elected countywide.

(c) The Little River County District Court shall have countywide jurisdiction.

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

Acts 2007, No. 663, § 51; 2011, No. 1218, § 7.
Ark. Code Ann. § 16-115-107 — AR Code / Title 16 / Chapter 115 / Section 16-115-107
Determination of petition
Status: in_force

The court shall hear and determine all questions of law and fact arising on the petition for a writ of mandamus or writ of prohibition. The granting or denying of the writ of mandamus or writ of prohibition shall be deemed a final order from which an appeal may be taken. Acts 1939, No. 54, § 8; A.S.A. 1947, § 33-108.

The court shall hear and determine all questions of law and fact arising on the petition for a writ of mandamus or writ of prohibition. The granting or denying of the writ of mandamus or writ of prohibition shall be deemed a final order from which an appeal may be taken.

Acts 1939, No. 54, § 8; A.S.A. 1947, § 33-108.
Ark. Code Ann. § 16-84-108 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-108
Bonds not void for want of form
Status: in_force

No prosecution, appeal, nonresident, or attachment bond, nor any other statutory bonds of any party, plaintiff, or defendant in any court of justice, in this state, nor any recognizance in any criminal cause in this state, shall be declared null and void for the want of form if the intent of the bond can be plainly deduced from the body of the bond or recognizance. Acts 1989, No. 417, § 5.

No prosecution, appeal, nonresident, or attachment bond, nor any other statutory bonds of any party, plaintiff, or defendant in any court of justice, in this state, nor any recognizance in any criminal cause in this state, shall be declared null and void for the want of form if the intent of the bond can be plainly deduced from the body of the bond or recognizance.

Acts 1989, No. 417, § 5.
Ark. Code Ann. § 16-93-709 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-709
Sex offender may not reside with minors
Status: in_force

(a) Whenever an inmate in a facility of the Division of Correction who has been found guilty of or has pleaded guilty or nolo contendere to any sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5-26-202 , and the sexual offense or incest was perpetrated against a minor, becomes eligible for parole and makes application for release on parole, the Post-Prison Transfer Board shall prohibit, as a condition of granting the parole, the parolee from residing upon parole in a residence with any minor, unless the board makes a specific finding that the inmate poses no danger to the minors residing in the residence. (b) If the board, upon a hearing under § 16-93-705 , finds, by a preponderance of the evidence, that the parolee has failed to comply with this condition of parole, the parole may be revoked and the parolee returned to the custody of the division. Amended by Act 2023, No. 659,§ 209, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 925, eff. 7/1/2019. Acts 1997, No. 1188, § 2; 2011, No. 570, § 104.

(a) Whenever an inmate in a facility of the Division of Correction who has been found guilty of or has pleaded guilty or nolo contendere to any sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5-26-202 , and the sexual offense or incest was perpetrated against a minor, becomes eligible for parole and makes application for release on parole, the Post-Prison Transfer Board shall prohibit, as a condition of granting the parole, the parolee from residing upon parole in a residence with any minor, unless the board makes a specific finding that the inmate poses no danger to the minors residing in the residence.

(b) If the board, upon a hearing under § 16-93-705 , finds, by a preponderance of the evidence, that the parolee has failed to comply with this condition of parole, the parole may be revoked and the parolee returned to the custody of the division.

Amended by Act 2023, No. 659,§ 209, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 925, eff. 7/1/2019.

Acts 1997, No. 1188, § 2; 2011, No. 570, § 104.
Ark. Code Ann. § 16-21-2007 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2007
Additional employees - Drug Law Enforcement Program grants
Status: in_force

(a) The Prosecuting Attorney of the Fifteenth Judicial District shall have the power to appoint the following employees if the prosecutor receives a grant award therefor, without confirmation of any court or tribunal, at such salaries as are indicated below, or as are authorized in grants awarded from the Office of Intergovernmental Services of the Department of Finance and Administration and the Drug Law Enforcement Program: Law enforcement project coordinator $26,000 Law enforcement field supervisor $22,000 Law enforcement undercover officer $16,500 Law enforcement undercover officer $15,125 Bookkeeper-secretary $14,000 Bookkeeper-secretary $11,000 (b) (1) The positions created in subsection (a) of this section shall be in addition to those created by § 16-21-113 and other Arkansas Code provisions. (2) In the event additional funding becomes available, the prosecuting attorney may employ such additional employees and have expense allowances as are authorized in the program grant awards. (c) (1) The office of the Prosecuting Attorney of the Fifteenth Judicial District shall administer its Drug Law Enforcement Program grant from the Office of Intergovernmental Services of the Department of Finance and Administration. (2) Expenditures may be made only for purposes of the grant. (3) All moneys from the grant are appropriated on a continuing basis and are subject to the prosecuting attorney's financial management system. (4) All law enforcement agent positions shall have peace officer jurisdiction throughout the Fifteenth Judicial District and may serve process issuing out of all courts within the state. (d) It is the explicit legislative intent that nothing in this section shall be construed to decrease, supplant, or be substituted for employee positions, salaries, or expenses, nor maintenance and operation expenses or capital equipment expenditures which the office of the Prosecuting Attorney of the Fifteenth Judicial District will receive through quorum court appropriation from and after February 1, 1991. Acts 1991, No. 425, § 1; 2005, No. 2201, § 10.

(a) The Prosecuting Attorney of the Fifteenth Judicial District shall have the power to appoint the following employees if the prosecutor receives a grant award therefor, without confirmation of any court or tribunal, at such salaries as are indicated below, or as are authorized in grants awarded from the Office of Intergovernmental Services of the Department of Finance and Administration and the Drug Law Enforcement Program: Law enforcement project coordinator $26,000 Law enforcement field supervisor $22,000 Law enforcement undercover officer $16,500 Law enforcement undercover officer $15,125 Bookkeeper-secretary $14,000 Bookkeeper-secretary $11,000

Law enforcement project coordinator $26,000 Law enforcement field supervisor $22,000 Law enforcement undercover officer $16,500 Law enforcement undercover officer $15,125 Bookkeeper-secretary $14,000 Bookkeeper-secretary $11,000

Law enforcement project coordinator

$26,000

Law enforcement field supervisor

$22,000

Law enforcement undercover officer

$16,500

Law enforcement undercover officer

$15,125

Bookkeeper-secretary

$14,000

Bookkeeper-secretary

$11,000

(b) (1) The positions created in subsection (a) of this section shall be in addition to those created by § 16-21-113 and other Arkansas Code provisions. (2) In the event additional funding becomes available, the prosecuting attorney may employ such additional employees and have expense allowances as are authorized in the program grant awards.

(1) The positions created in subsection (a) of this section shall be in addition to those created by § 16-21-113 and other Arkansas Code provisions.

(2) In the event additional funding becomes available, the prosecuting attorney may employ such additional employees and have expense allowances as are authorized in the program grant awards.

(c) (1) The office of the Prosecuting Attorney of the Fifteenth Judicial District shall administer its Drug Law Enforcement Program grant from the Office of Intergovernmental Services of the Department of Finance and Administration. (2) Expenditures may be made only for purposes of the grant. (3) All moneys from the grant are appropriated on a continuing basis and are subject to the prosecuting attorney's financial management system. (4) All law enforcement agent positions shall have peace officer jurisdiction throughout the Fifteenth Judicial District and may serve process issuing out of all courts within the state.

(1) The office of the Prosecuting Attorney of the Fifteenth Judicial District shall administer its Drug Law Enforcement Program grant from the Office of Intergovernmental Services of the Department of Finance and Administration.

(2) Expenditures may be made only for purposes of the grant.

(3) All moneys from the grant are appropriated on a continuing basis and are subject to the prosecuting attorney's financial management system.

(4) All law enforcement agent positions shall have peace officer jurisdiction throughout the Fifteenth Judicial District and may serve process issuing out of all courts within the state.

(d) It is the explicit legislative intent that nothing in this section shall be construed to decrease, supplant, or be substituted for employee positions, salaries, or expenses, nor maintenance and operation expenses or capital equipment expenditures which the office of the Prosecuting Attorney of the Fifteenth Judicial District will receive through quorum court appropriation from and after February 1, 1991.

Acts 1991, No. 425, § 1; 2005, No. 2201, § 10.
Ark. Code Ann. § 16-64-111 — AR Code / Title 16 / Chapter 64 / Section 16-64-111
[Repealed]
Status: repealed

Repealed by Act 2013, No. 237,§ 3, eff. 8/16/2013. Acts 1973, No. 555, § 2; A.S.A. 1947, § 27-835; Acts 2001, No. 424, § 2.

Repealed by Act 2013, No. 237,§ 3, eff. 8/16/2013.

Acts 1973, No. 555, § 2; A.S.A. 1947, § 27-835; Acts 2001, No. 424, § 2.
Ark. Code Ann. § 16-66-504 — AR Code / Title 16 / Chapter 66 / Subchapter 5 / Section 16-66-504
Right of judgment creditor to redeem - Entry of redemption upon execution book
Status: in_force

(a) At any time before the expiration of twelve (12) months from the sale of any land under the provisions of this subchapter which has not been redeemed, any judgment creditor may redeem the land in the manner set forth in subsection (b) of this section. (b) (1) The judgment creditor shall: (A) Sue out an execution upon his or her judgment and place the execution in the hands of the proper officer; (B) Pay to the officer the amount for which the premises were sold, and fifteen percent (15%) per annum thereon from the date of the sale, and all charges thereon for the use of the purchaser; and (C) Offer to credit his or her execution with a sum at least equal to ten percent (10%) of the amount for which the land sold, which offer shall be regarded as his or her bid. (2) All of which shall be endorsed upon the execution, and a statement thereof filed with the execution upon which the land was sold. Whereupon, the clerk shall endorse in the proper place upon the execution book that the creditor has bid for the redemption of the property, which shall be dated, and may be in substance as follows: "A. B., a judgment creditor, bids . dollars, for the redemption of the property sold on this execution." Civil Code, § 694; C. & M. Dig., § 4331; Pope's Dig., § 5343; A.S.A. 1947, § 30-442.

(a) At any time before the expiration of twelve (12) months from the sale of any land under the provisions of this subchapter which has not been redeemed, any judgment creditor may redeem the land in the manner set forth in subsection (b) of this section.

(b) (1) The judgment creditor shall: (A) Sue out an execution upon his or her judgment and place the execution in the hands of the proper officer; (B) Pay to the officer the amount for which the premises were sold, and fifteen percent (15%) per annum thereon from the date of the sale, and all charges thereon for the use of the purchaser; and (C) Offer to credit his or her execution with a sum at least equal to ten percent (10%) of the amount for which the land sold, which offer shall be regarded as his or her bid. (2) All of which shall be endorsed upon the execution, and a statement thereof filed with the execution upon which the land was sold. Whereupon, the clerk shall endorse in the proper place upon the execution book that the creditor has bid for the redemption of the property, which shall be dated, and may be in substance as follows: "A. B., a judgment creditor, bids . dollars, for the redemption of the property sold on this execution."

(1) The judgment creditor shall: (A) Sue out an execution upon his or her judgment and place the execution in the hands of the proper officer; (B) Pay to the officer the amount for which the premises were sold, and fifteen percent (15%) per annum thereon from the date of the sale, and all charges thereon for the use of the purchaser; and (C) Offer to credit his or her execution with a sum at least equal to ten percent (10%) of the amount for which the land sold, which offer shall be regarded as his or her bid.

(A) Sue out an execution upon his or her judgment and place the execution in the hands of the proper officer;

(B) Pay to the officer the amount for which the premises were sold, and fifteen percent (15%) per annum thereon from the date of the sale, and all charges thereon for the use of the purchaser; and

(C) Offer to credit his or her execution with a sum at least equal to ten percent (10%) of the amount for which the land sold, which offer shall be regarded as his or her bid.

(2) All of which shall be endorsed upon the execution, and a statement thereof filed with the execution upon which the land was sold. Whereupon, the clerk shall endorse in the proper place upon the execution book that the creditor has bid for the redemption of the property, which shall be dated, and may be in substance as follows: "A. B., a judgment creditor, bids . dollars, for the redemption of the property sold on this execution."

"A. B., a judgment creditor, bids . dollars, for the redemption of the property sold on this execution."

Civil Code, § 694; C. & M. Dig., § 4331; Pope's Dig., § 5343; A.S.A. 1947, § 30-442.
Ark. Code Ann. § 16-17-929 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-929
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, §; 10.

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

Acts 2007, No. 663, §; 10.
Ark. Code Ann. § 16-22-413 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-413
Review by Supreme Court
Status: in_force

In all cases of a trial of charges, the accused may except to any decision of the court and may prosecute an appeal to the Supreme Court, or writ of error, in all respects as in actions at law. Rev. Stat., ch. 15, § 25; C. & M. Dig., § 623; Pope's Dig., § 663; A.S.A. 1947, § 25-414.

In all cases of a trial of charges, the accused may except to any decision of the court and may prosecute an appeal to the Supreme Court, or writ of error, in all respects as in actions at law.

Rev. Stat., ch. 15, § 25; C. & M. Dig., § 623; Pope's Dig., § 663; A.S.A. 1947, § 25-414.
Ark. Code Ann. § 16-65-302 — AR Code / Title 16 / Chapter 65 / Subchapter 3 / Section 16-65-302
Requisites of judgment
Status: in_force

The debt or cause of action shall be briefly stated in the judgment by confession or in a writing to be filed as pleadings in other actions. Civil Code, § 414; C. & M. Dig., § 6246; Pope's Dig., § 8202; A.S.A. 1947, § 29-302.

The debt or cause of action shall be briefly stated in the judgment by confession or in a writing to be filed as pleadings in other actions.

Civil Code, § 414; C. & M. Dig., § 6246; Pope's Dig., § 8202; A.S.A. 1947, § 29-302.
Ark. Code Ann. § 16-60-109 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-109
Actions against a public school district
Status: in_force

A civil action, other than a civil action described in § 16-60-104 or a civil action for personal injury or death, against a public school district, a public school district board of directors, or a public school district's officer, agent, servant, or employee acting within the course and scope of his or her agency or employment shall be brought in the county or in the judicial district of the county in which the public school district is situated or has its principal office. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Acts 1973, No. 142, §§ 1, 2; A.S.A. 1947, §§ 27-619, 27-620.

A civil action, other than a civil action described in § 16-60-104 or a civil action for personal injury or death, against a public school district, a public school district board of directors, or a public school district's officer, agent, servant, or employee acting within the course and scope of his or her agency or employment shall be brought in the county or in the judicial district of the county in which the public school district is situated or has its principal office.

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

Acts 1973, No. 142, §§ 1, 2; A.S.A. 1947, §§ 27-619, 27-620.
Ark. Code Ann. § 16-110-308 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-308
Collection of wages
Status: in_force

All engineers, pilots, mariners, boatmen, and others employed in any capacity in or about the boat or vessel who may be entitled to arrearages of wages in consequence of their services may proceed to collect the wages under the provisions of §§ 16-110-301 and 16-110-303 - 16-110-309 and shall be entitled to all the benefits thereof. Rev. Stat., ch. 14, § 8; C. & M. Dig., § 594; Pope's Dig., § 631; A.S.A. 1947, § 31-410.

All engineers, pilots, mariners, boatmen, and others employed in any capacity in or about the boat or vessel who may be entitled to arrearages of wages in consequence of their services may proceed to collect the wages under the provisions of §§ 16-110-301 and 16-110-303 - 16-110-309 and shall be entitled to all the benefits thereof.

Rev. Stat., ch. 14, § 8; C. & M. Dig., § 594; Pope's Dig., § 631; A.S.A. 1947, § 31-410.
Ark. Code Ann. § 16-93-107 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-107
Medicaid eligibility of parolee, probationer, or offender on post-release supervision - Definition
Status: in_force

(a) The Division of Correction shall screen inmates nearing release from incarceration and the Division of Community Correction shall screen parolees and probationers under supervision for Medicaid eligibility. (b) If an inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer receives medical services, including substance abuse and mental health treatment, that meet criteria for Medicaid coverage, the community supervision officer, Division of Correction official, or Division of Community Correction official may apply for Medicaid coverage for the inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer under this section. (c) (1) The inmate nearing release from incarceration, parolee, or probationer may designate an authorized representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (2) However, the community supervision officer, Division of Correction official, or Division of Community Correction official shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (A) The inmate nearing release from incarceration, parolee, or probationer does not designate an authorized representative within three (3) business days after request; or (B) The authorized representative designated under subdivision (c)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request. (d) An authorized representative under this section: (1) Shall have access to the information necessary to comply with Medicaid requirements; and (2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information. (e) (1) The community supervision officer, Division of Correction official, or Division of Community Correction official or the designee of the community supervision officer, Division of Correction official, or Division of Community Correction official may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer. (2) Access under subdivision (e)(1) of this section shall be to: (A) Establish Medicaid eligibility; (B) Provide healthcare services; or (C) Pay for healthcare services. (f) As used in this section, "Medicaid eligibility" means eligibility for any healthcare coverage offered by the Department of Human Services. Amended by Act 2023, No. 659,§ 157, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 156, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 155, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 888, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 887, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 886, eff. 7/1/2019. Added by Act 2015, No. 895,§ 20, eff. 9/1/2015.

(a) The Division of Correction shall screen inmates nearing release from incarceration and the Division of Community Correction shall screen parolees and probationers under supervision for Medicaid eligibility.

(b) If an inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer receives medical services, including substance abuse and mental health treatment, that meet criteria for Medicaid coverage, the community supervision officer, Division of Correction official, or Division of Community Correction official may apply for Medicaid coverage for the inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer under this section.

(c) (1) The inmate nearing release from incarceration, parolee, or probationer may designate an authorized representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (2) However, the community supervision officer, Division of Correction official, or Division of Community Correction official shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (A) The inmate nearing release from incarceration, parolee, or probationer does not designate an authorized representative within three (3) business days after request; or (B) The authorized representative designated under subdivision (c)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(1) The inmate nearing release from incarceration, parolee, or probationer may designate an authorized representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility.

(2) However, the community supervision officer, Division of Correction official, or Division of Community Correction official shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (A) The inmate nearing release from incarceration, parolee, or probationer does not designate an authorized representative within three (3) business days after request; or (B) The authorized representative designated under subdivision (c)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(A) The inmate nearing release from incarceration, parolee, or probationer does not designate an authorized representative within three (3) business days after request; or

(B) The authorized representative designated under subdivision (c)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(d) An authorized representative under this section: (1) Shall have access to the information necessary to comply with Medicaid requirements; and (2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.

(1) Shall have access to the information necessary to comply with Medicaid requirements; and

(2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.

(e) (1) The community supervision officer, Division of Correction official, or Division of Community Correction official or the designee of the community supervision officer, Division of Correction official, or Division of Community Correction official may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer. (2) Access under subdivision (e)(1) of this section shall be to: (A) Establish Medicaid eligibility; (B) Provide healthcare services; or (C) Pay for healthcare services.

(1) The community supervision officer, Division of Correction official, or Division of Community Correction official or the designee of the community supervision officer, Division of Correction official, or Division of Community Correction official may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate nearing release from incarceration, parolee, offender on post-release supervision, or probationer.

(2) Access under subdivision (e)(1) of this section shall be to: (A) Establish Medicaid eligibility; (B) Provide healthcare services; or (C) Pay for healthcare services.

(A) Establish Medicaid eligibility;

(B) Provide healthcare services; or

(C) Pay for healthcare services.

(f) As used in this section, "Medicaid eligibility" means eligibility for any healthcare coverage offered by the Department of Human Services.

Amended by Act 2023, No. 659,§ 157, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 156, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 155, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 888, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 887, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 886, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 20, eff. 9/1/2015.
Ark. Code Ann. § 16-55-215 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-215
Burden of proof
Status: in_force

Section 16 -55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , 16-114-209 , and 16-114-210 - 16-114-212 do not amend the existing law that provides that the burden of alleging and proving fault is upon the person who seeks to establish fault. Acts 2003, No. 649, § 6.

Section 16 -55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , 16-114-209 , and 16-114-210 - 16-114-212 do not amend the existing law that provides that the burden of alleging and proving fault is upon the person who seeks to establish fault.

Acts 2003, No. 649, § 6.
Ark. Code Ann. § 16-32-203 — AR Code / Title 16 / Chapter 32 / Subchapter 2 / Section 16-32-203
Selection for misdemeanor trial
Status: in_force

The jury, for the trial of all prosecutions for misdemeanors, shall be selected in the following manner: (1) Each party shall have three (3) peremptory challenges, which may be made orally; and (2) (A) The court shall cause the names of twenty-four (24) competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of eighteen (18) jurors shall be drawn and entered on a list in the order in which they were drawn, and numbered. (B) Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so stricken to the judge, who shall strike from the original list the names struck from the copies. (C) The first twelve (12) names remaining on the original list shall constitute the jury. Crim. Code, § 192; C. & M. Dig., § 3143; Pope's Dig., § 3978; A.S.A. 1947, § 43-1902; Acts 1993, No. 592, § 2; 1995, No. 1296, § 61.

The jury, for the trial of all prosecutions for misdemeanors, shall be selected in the following manner:

(1) Each party shall have three (3) peremptory challenges, which may be made orally; and

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

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

(B) Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so stricken to the judge, who shall strike from the original list the names struck from the copies.

(C) The first twelve (12) names remaining on the original list shall constitute the jury.

Crim. Code, § 192; C. & M. Dig., § 3143; Pope's Dig., § 3978; A.S.A. 1947, § 43-1902; Acts 1993, No. 592, § 2; 1995, No. 1296, § 61.
Ark. Code Ann. § 16-90-1113 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1113
Consideration and release of victim impact statement during inmate's parole or post-release supervision determination
Status: in_force

(a) (1) (A) Before determining whether to release the inmate on parole, the Post-Prison Transfer Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole. (B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board. (2) Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement. (b) (1) Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim. (2) (A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101 , is privileged and shall not be disclosed, directly or indirectly, to any person other than a member of the board, its authorized agents, a court, or other person, not including the inmate, entitled under this section to receive the statement. (B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination. (c) In deciding whether to release an inmate on parole or post-release supervision, the board shall consider among other factors: (1) Victim impact statements presented under subsection (a) of this section; and (2) Victim impact statements presented to the sentencing court under § 16-90-1112 . (d) The board may establish rules not otherwise addressed by this section governing the preparation, use, and disclosure of a victim impact statement. Amended by Act 2023, No. 659,§ 135, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 134, eff. 1/1/2024. Amended by Act 2015, No. 608,§ 1, eff. 7/22/2015. Acts 1997, No. 1262, § 13.

(a) (1) (A) Before determining whether to release the inmate on parole, the Post-Prison Transfer Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole. (B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board. (2) Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement.

(1) (A) Before determining whether to release the inmate on parole, the Post-Prison Transfer Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole. (B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.

(A) Before determining whether to release the inmate on parole, the Post-Prison Transfer Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole.

(B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.

(2) Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement.

(b) (1) Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim. (2) (A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101 , is privileged and shall not be disclosed, directly or indirectly, to any person other than a member of the board, its authorized agents, a court, or other person, not including the inmate, entitled under this section to receive the statement. (B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination.

(1) Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim.

(2) (A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101 , is privileged and shall not be disclosed, directly or indirectly, to any person other than a member of the board, its authorized agents, a court, or other person, not including the inmate, entitled under this section to receive the statement. (B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination.

(A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101 , is privileged and shall not be disclosed, directly or indirectly, to any person other than a member of the board, its authorized agents, a court, or other person, not including the inmate, entitled under this section to receive the statement.

(B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination.

(c) In deciding whether to release an inmate on parole or post-release supervision, the board shall consider among other factors: (1) Victim impact statements presented under subsection (a) of this section; and (2) Victim impact statements presented to the sentencing court under § 16-90-1112 .

(1) Victim impact statements presented under subsection (a) of this section; and

(2) Victim impact statements presented to the sentencing court under § 16-90-1112 .

(d) The board may establish rules not otherwise addressed by this section governing the preparation, use, and disclosure of a victim impact statement.

Amended by Act 2023, No. 659,§ 135, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 134, eff. 1/1/2024.

Amended by Act 2015, No. 608,§ 1, eff. 7/22/2015.

Acts 1997, No. 1262, § 13.
Ark. Code Ann. § 16-120-901 — AR Code / Title 16 / Chapter 120 / Subchapter 9 / Section 16-120-901
Definitions
Status: in_force

As used in this subchapter: (1) "Civil action for wrongful birth" means a cause of action that is brought by a parent or other person who is legally required to provide for the support of a child, seeking economic or noneconomic damages for the child because of a condition that existed at the time of the birth of the child and which is based on a claim that the act or omission of a person contributed to the child's being born; and (2) "Civil action for wrongful life" means a cause of action that is brought by or on behalf of a child, seeking economic or noneconomic damages for the child because of a condition that existed at the time of the birth of the child and which is based on a claim that the act or omission of a person contributed to the child's being born. Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Civil action for wrongful birth" means a cause of action that is brought by a parent or other person who is legally required to provide for the support of a child, seeking economic or noneconomic damages for the child because of a condition that existed at the time of the birth of the child and which is based on a claim that the act or omission of a person contributed to the child's being born; and

(2) "Civil action for wrongful life" means a cause of action that is brought by or on behalf of a child, seeking economic or noneconomic damages for the child because of a condition that existed at the time of the birth of the child and which is based on a claim that the act or omission of a person contributed to the child's being born.

Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-13-2002 — AR Code / Title 16 / Chapter 13 / Subchapter 20 / Section 16-13-2002
Terms of court
Status: in_force

The terms of court in the Twelfth Judicial District shall commence on the dates set forth below: (1) In the Fort Smith District of Sebastian County: On the first Mondays in February, June, and October; and (2) In the Greenwood District of Sebastian County: On the second Mondays in March and September. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1995, No. 900, § 2.

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

(1) In the Fort Smith District of Sebastian County: On the first Mondays in February, June, and October; and

(2) In the Greenwood District of Sebastian County: On the second Mondays in March and September.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1995, No. 900, § 2.
Ark. Code Ann. § 16-89-121 — AR Code / Title 16 / Chapter 89 / Section 16-89-121
Facts charged do not constitute offense
Status: in_force

If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in § 16-89-113(b) . Crim. Code, § 232; C. & M. Dig., § 3200; Pope's Dig., § 4036; A.S.A. 1947, § 43-2126.

If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in § 16-89-113(b) .

Crim. Code, § 232; C. & M. Dig., § 3200; Pope's Dig., § 4036; A.S.A. 1947, § 43-2126.
Ark. Code Ann. § 16-90-1110 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1110
General requirements for information
Status: in_force

(a) (1) Unless otherwise provided by this subchapter, information required to be furnished to the victim or other person authorized to receive notice may be furnished either orally or in writing. (2) It is the responsibility of the victim or other person authorized to receive notice to furnish to the proper authorities, and keep current, the victim's mailing address and phone number. (b) The person responsible for furnishing information shall promptly inform the victim of significant changes in the information to be furnished. (c) (1) The person responsible for furnishing information may rely upon the most recent name, address, and telephone number furnished by the victim. (2) The address and telephone number of the victim or the immediate family member shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) It is the responsibility of the victim or his or her next of kin to notify the person responsible for providing notice under this subchapter regarding any change in the victim's name, address, or telephone number. Acts 1997, No. 1262, § 10.

(a) (1) Unless otherwise provided by this subchapter, information required to be furnished to the victim or other person authorized to receive notice may be furnished either orally or in writing. (2) It is the responsibility of the victim or other person authorized to receive notice to furnish to the proper authorities, and keep current, the victim's mailing address and phone number.

(1) Unless otherwise provided by this subchapter, information required to be furnished to the victim or other person authorized to receive notice may be furnished either orally or in writing.

(2) It is the responsibility of the victim or other person authorized to receive notice to furnish to the proper authorities, and keep current, the victim's mailing address and phone number.

(b) The person responsible for furnishing information shall promptly inform the victim of significant changes in the information to be furnished.

(c) (1) The person responsible for furnishing information may rely upon the most recent name, address, and telephone number furnished by the victim. (2) The address and telephone number of the victim or the immediate family member shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) It is the responsibility of the victim or his or her next of kin to notify the person responsible for providing notice under this subchapter regarding any change in the victim's name, address, or telephone number.

(1) The person responsible for furnishing information may rely upon the most recent name, address, and telephone number furnished by the victim.

(2) The address and telephone number of the victim or the immediate family member shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) It is the responsibility of the victim or his or her next of kin to notify the person responsible for providing notice under this subchapter regarding any change in the victim's name, address, or telephone number.

Acts 1997, No. 1262, § 10.
Ark. Code Ann. § 16-108-205 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-205
Application for judicial relief
Status: in_force

(a) Except as otherwise provided in § 16-108-228 , an application for judicial relief under this subchapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this subchapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases. Acts 1969, No. 260, § 16; A.S.A. 1947, § 34-526; Acts 2011, No. 695, § 1.

(a) Except as otherwise provided in § 16-108-228 , an application for judicial relief under this subchapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.

(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this subchapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.

Acts 1969, No. 260, § 16; A.S.A. 1947, § 34-526; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-65-604 — AR Code / Title 16 / Chapter 65 / Subchapter 6 / Section 16-65-604
Collection of judgment enjoined during pendency of action which may be usable as setoff
Status: in_force

During the pendency of an action, or while any claim, contract, or other obligation remains unsatisfied or unfulfilled which could be used as a setoff against a prior judgment in favor of the defendants or parties or any of them, the court shall enjoin and stay collection and enforcement of the prior judgment in favor of the defendants or parties upon such terms and conditions as the court deems necessary to prevent loss by insolvency, nonresidence, or otherwise. Civil Code, § 410; C. & M. Dig., § 6324; Pope's Dig., § 8279; A.S.A. 1947, § 29-710; Acts 1993, No. 1184, § 1.

During the pendency of an action, or while any claim, contract, or other obligation remains unsatisfied or unfulfilled which could be used as a setoff against a prior judgment in favor of the defendants or parties or any of them, the court shall enjoin and stay collection and enforcement of the prior judgment in favor of the defendants or parties upon such terms and conditions as the court deems necessary to prevent loss by insolvency, nonresidence, or otherwise.

Civil Code, § 410; C. & M. Dig., § 6324; Pope's Dig., § 8279; A.S.A. 1947, § 29-710; Acts 1993, No. 1184, § 1.
Ark. Code Ann. § 16-46-301 — AR Code / Title 16 / Chapter 46 / Subchapter 3 / Section 16-46-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Custodian" means the medical records librarian and the administrator or other chief officer of a duly licensed hospital, physician's office, or comprehensive community mental health center in this state and its proprietor, as well as his or her deputies and assistants, and any other persons who are official custodians or depositories of records; and (2) (A) "Records" means hospital records, physician's records, or medical records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses' notes, and other reports catalogued and maintained by the hospital's medical record department or by a physician's office. (B) However, "records" shall not mean and include X-rays, electrocardiograms, and similar graphic matter. Acts 1981, No. 255, § 1; A.S.A. 1947, § 28-936; Acts 1993, No. 274, § 1; 2007, No. 662, § 2.

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

(1) "Custodian" means the medical records librarian and the administrator or other chief officer of a duly licensed hospital, physician's office, or comprehensive community mental health center in this state and its proprietor, as well as his or her deputies and assistants, and any other persons who are official custodians or depositories of records; and

(2) (A) "Records" means hospital records, physician's records, or medical records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses' notes, and other reports catalogued and maintained by the hospital's medical record department or by a physician's office. (B) However, "records" shall not mean and include X-rays, electrocardiograms, and similar graphic matter.

(A) "Records" means hospital records, physician's records, or medical records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses' notes, and other reports catalogued and maintained by the hospital's medical record department or by a physician's office.

(B) However, "records" shall not mean and include X-rays, electrocardiograms, and similar graphic matter.

Acts 1981, No. 255, § 1; A.S.A. 1947, § 28-936; Acts 1993, No. 274, § 1; 2007, No. 662, § 2.
Ark. Code Ann. § 16-43-307 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-307
Order for compliance with terms prescribed by court of other state
Status: in_force

The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. Acts 1959, No. 216, § 7; A.S.A. 1947, § 43-2031.

The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

Acts 1959, No. 216, § 7; A.S.A. 1947, § 43-2031.
Ark. Code Ann. § 16-94-201 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-201
Definitions
Status: in_force

Where appearing in this subchapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor and any person performing the functions of governor in a state other than this state. And the term "state" referring to a state other than this state refers to any other state or territory organized or unorganized of the United States of America. Acts 1935, No. 126, § 1; Pope's Dig., § 6081; A.S.A. 1947, § 43-3001.

Where appearing in this subchapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor and any person performing the functions of governor in a state other than this state. And the term "state" referring to a state other than this state refers to any other state or territory organized or unorganized of the United States of America.

Acts 1935, No. 126, § 1; Pope's Dig., § 6081; A.S.A. 1947, § 43-3001.
Ark. Code Ann. § 16-17-918 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-918
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 18; 2007, No. 663, § 8.

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

Acts 2003, No. 1727, § 18; 2007, No. 663, § 8.
Ark. Code Ann. § 16-10-1106 — AR Code / Title 16 / Chapter 10 / Subchapter 11 / Section 16-10-1106
Replacement of interpreter
Status: in_force

(a) A court that appoints an interpreter shall dismiss the interpreter and obtain the services of a qualified interpreter under procedures adopted by the Supreme Court: (1) If the interpreter fails to follow the standards prescribed by law or by the Arkansas Code of Professional Responsibility for Interpreters in the Judiciary; (2) If the interpreter is unable to effectively communicate; or (3) For other reasons prescribed by the Supreme Court. (b) A court that appoints an interpreter shall notify the Administrative Office of the Courts in writing if the court dismisses an interpreter, setting forth the reason for the dismissal. Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.

(a) A court that appoints an interpreter shall dismiss the interpreter and obtain the services of a qualified interpreter under procedures adopted by the Supreme Court: (1) If the interpreter fails to follow the standards prescribed by law or by the Arkansas Code of Professional Responsibility for Interpreters in the Judiciary; (2) If the interpreter is unable to effectively communicate; or (3) For other reasons prescribed by the Supreme Court.

(1) If the interpreter fails to follow the standards prescribed by law or by the Arkansas Code of Professional Responsibility for Interpreters in the Judiciary;

(2) If the interpreter is unable to effectively communicate; or

(3) For other reasons prescribed by the Supreme Court.

(b) A court that appoints an interpreter shall notify the Administrative Office of the Courts in writing if the court dismisses an interpreter, setting forth the reason for the dismissal.

Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-60-103 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-103
Actions brought where cause of action arose
Status: in_force

A civil action for the following causes shall be brought in the county where the cause, or some part of the cause, arose: (1) A civil action for the recovery of a fine, penalty, or forfeiture imposed by a statute, except that when the violation of the statute for which the claim is made was committed on a watercourse or road that is the boundary of two (2) counties, the civil action may be brought in either county; (2) A civil action against a public officer for an act done by him or her in virtue or under color of his or her office, or for a neglect of official duty; and (3) A civil action upon the official bond of a public officer, except as provided in § 16-106-101 . Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 90; Acts 1871, No. 48, § 1 [90], p. 219; A.S.A. 1947, § 27-603; Acts 2001, No. 806, § 1; 2003, No. 1185, § 190; 2011, No. 600, § 1.

A civil action for the following causes shall be brought in the county where the cause, or some part of the cause, arose:

(1) A civil action for the recovery of a fine, penalty, or forfeiture imposed by a statute, except that when the violation of the statute for which the claim is made was committed on a watercourse or road that is the boundary of two (2) counties, the civil action may be brought in either county;

(2) A civil action against a public officer for an act done by him or her in virtue or under color of his or her office, or for a neglect of official duty; and

(3) A civil action upon the official bond of a public officer, except as provided in § 16-106-101 .

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

Civil Code, § 90; Acts 1871, No. 48, § 1 [90], p. 219; A.S.A. 1947, § 27-603; Acts 2001, No. 806, § 1; 2003, No. 1185, § 190; 2011, No. 600, § 1.
Ark. Code Ann. § 16-110-412 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-412
Issuance of writ and judgment to another county
Status: in_force

Writs of garnishment may be issued from the circuit court of one (1) county to any other county in the state. Acts 1889, No. 115, §§ 10, 11, p. 168; C. & M. Dig., §§ 4917, 4918; Pope's Dig., §§ 6130, 6131; A.S.A. 1947, §§ 31-513, 31-514; Acts 2003, No. 1185, § 231.

Writs of garnishment may be issued from the circuit court of one (1) county to any other county in the state.

Acts 1889, No. 115, §§ 10, 11, p. 168; C. & M. Dig., §§ 4917, 4918; Pope's Dig., §§ 6130, 6131; A.S.A. 1947, §§ 31-513, 31-514; Acts 2003, No. 1185, § 231.
Ark. Code Ann. § 16-19-1003 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1003
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 71-75, p. 430; C. & M. Dig., §§ 6485-6488; Pope's Dig., §§ 8447-8450; A.S.A. 1947, §§ 26-1105 -- 26-1107, 26-1107n, 26-1108.

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

Acts 1873, No. 135, §§ 71-75, p. 430; C. & M. Dig., §§ 6485-6488; Pope's Dig., §§ 8447-8450; A.S.A. 1947, §§ 26-1105 -- 26-1107, 26-1107n, 26-1108.
Ark. Code Ann. § 16-118-102 — AR Code / Title 16 / Chapter 118 / Section 16-118-102
Obtaining discovery
Status: in_force

(a) No action to obtain a discovery shall be brought except in aid of some other action pending where any person or corporation is liable, either jointly or severally with others, by the same contract. In such a case, an action may be brought against any of the parties who are liable to obtain discovery of the names and residences of the others who are also liable. (b) (1) In such actions, the plaintiff shall state in his or her complaint, in effect, that he or she has used due diligence, without success, to obtain the information asked to be discovered and that he or she does not believe the parties to the contract, who are known to him or her, have property sufficient to satisfy his or her claims. (2) The complaint and the cost of the action shall be paid by the plaintiff unless the discovery is resisted. Civil Code, § 788; C. & M. Dig., §§ 1037-1039; Pope's Dig., §§ 1239-1241; A.S.A. 1947, § 34-1101.

(a) No action to obtain a discovery shall be brought except in aid of some other action pending where any person or corporation is liable, either jointly or severally with others, by the same contract. In such a case, an action may be brought against any of the parties who are liable to obtain discovery of the names and residences of the others who are also liable.

(b) (1) In such actions, the plaintiff shall state in his or her complaint, in effect, that he or she has used due diligence, without success, to obtain the information asked to be discovered and that he or she does not believe the parties to the contract, who are known to him or her, have property sufficient to satisfy his or her claims. (2) The complaint and the cost of the action shall be paid by the plaintiff unless the discovery is resisted.

(1) In such actions, the plaintiff shall state in his or her complaint, in effect, that he or she has used due diligence, without success, to obtain the information asked to be discovered and that he or she does not believe the parties to the contract, who are known to him or her, have property sufficient to satisfy his or her claims.

(2) The complaint and the cost of the action shall be paid by the plaintiff unless the discovery is resisted.

Civil Code, § 788; C. & M. Dig., §§ 1037-1039; Pope's Dig., §§ 1239-1241; A.S.A. 1947, § 34-1101.
Ark. Code Ann. § 16-17-948 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-948
Johnson County District Court
Status: in_force

(a) (1) Johnson County shall have one (1) district court with three (3) departments: (A) One (1) located in Clarksville; (B) One (1) located in Lamar; and (C) One (1) located in Coal Hill. (2) All three (3) departments are to be served by one (1) judge. (b) The Johnson County District Court Judge shall be elected countywide. (c) The Johnson County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) (1) Johnson County shall have one (1) district court with three (3) departments: (A) One (1) located in Clarksville; (B) One (1) located in Lamar; and (C) One (1) located in Coal Hill. (2) All three (3) departments are to be served by one (1) judge.

(1) Johnson County shall have one (1) district court with three (3) departments: (A) One (1) located in Clarksville; (B) One (1) located in Lamar; and (C) One (1) located in Coal Hill.

(A) One (1) located in Clarksville;

(B) One (1) located in Lamar; and

(C) One (1) located in Coal Hill.

(2) All three (3) departments are to be served by one (1) judge.

(b) The Johnson County District Court Judge shall be elected countywide.

(c) The Johnson County District Court shall have countywide jurisdiction.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-93-110 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-110
Contracting with Medicaid provider
Status: in_force

The Department of Correction and the Department of Community Correction each may contract with a provider in order to facilitate the enrollment of an inmate, a probationer, or a parolee in Medicaid. Added by Act 2015, No. 895,§ 21, eff. 4/1/2015.

The Department of Correction and the Department of Community Correction each may contract with a provider in order to facilitate the enrollment of an inmate, a probationer, or a parolee in Medicaid.

Added by Act 2015, No. 895,§ 21, eff. 4/1/2015.
Ark. Code Ann. § 16-123-333 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-333
Effect of a commission order
Status: in_force

An Arkansas Fair Housing Commission order under § 16-123-331 does not affect any contract, sale, encumbrance, or lease that: (1) Was consummated before the commission issued the order; and (2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this subchapter. Acts 2001, No. 1785, § 34.

An Arkansas Fair Housing Commission order under § 16-123-331 does not affect any contract, sale, encumbrance, or lease that:

(1) Was consummated before the commission issued the order; and

(2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this subchapter.

Acts 2001, No. 1785, § 34.
Ark. Code Ann. § 16-19-406 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-406
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 20, 21, p. 430; C. & M. Dig., §§ 6418, 6419; Pope's Dig., §§ 8380, 8381; A.S.A. 1947, §§ 26-306, 26-307.

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

Acts 1873, No. 135, §§ 20, 21, p. 430; C. & M. Dig., §§ 6418, 6419; Pope's Dig., §§ 8380, 8381; A.S.A. 1947, §§ 26-306, 26-307.
Ark. Code Ann. § 16-13-1406 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1406
Chancery court assistant case coordinators-computer operators
Status: in_force

(a) The chancery judges of the Sixth Judicial District may appoint one (1) assistant case coordinator-computer operator. (b) The duties of the assistant case coordinator-computer operator shall include all the duties in § 16-13-1409(b) in addition to the operation of the computer for the Sixth Judicial District. (c) The salary of the assistant case coordinator-computer operator shall be eighteen thousand five hundred dollars ($18,500) per calendar year, which salary shall be paid by Pulaski County. (d) (1) The salary of all case coordinators in the Sixth Judicial District set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County. (3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes. Acts 1985, No. 336, §§ 20-22; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 6, 12-14.

(a) The chancery judges of the Sixth Judicial District may appoint one (1) assistant case coordinator-computer operator.

(b) The duties of the assistant case coordinator-computer operator shall include all the duties in § 16-13-1409(b) in addition to the operation of the computer for the Sixth Judicial District.

(c) The salary of the assistant case coordinator-computer operator shall be eighteen thousand five hundred dollars ($18,500) per calendar year, which salary shall be paid by Pulaski County.

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

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

(2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County.

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

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

Acts 1985, No. 336, §§ 20-22; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 6, 12-14.
Ark. Code Ann. § 16-116-202 — AR Code / Title 16 / Chapter 116 / Subchapter 2 / Section 16-116-202
Definitions
Status: in_force

As used in this subchapter: (1) "Anticipated life" means the period over which the product may reasonably be expected to be useful to the user as determined by the trier of facts; (2) "Defective condition" means a condition of a product that renders it unsafe for reasonably foreseeable use and consumption; (3) "Manufacturer" means the designer, fabricator, producer, compounder, processor, or assembler of any product or its component parts; (4) "Product" means any tangible object or goods produced, excluding real estate and improvements located thereon. Provided, any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement thereon shall constitute a product under this subchapter. Provided further, an improvement on real estate shall constitute a product in the event that environmental contaminants exist or have occurred in the improvement; (5) "Product liability action" includes all actions brought for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labeling of any product; (6) (A) "Supplier" means any individual or entity engaged in the business of selling a product, whether the sale is for resale or for use or consumption. (B) "Supplier" includes a retailer, wholesaler, or distributor and also includes a lessor or bailor engaged in the business of leasing or bailment of a product. (C) "Supplier" does not include any licensee, as the term is defined in § 17-42-103 , who is providing only brokerage and sales services under a license; and (7) (A) "Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary and reasonable buyer, consumer, or user who acquires or uses the product, assuming the ordinary knowledge of the community or of similar buyers, users, or consumers as to its characteristics, propensities, risks, dangers, and proper and improper uses, as well as any special knowledge, training, or experience possessed by the particular buyer, user, or consumer or which he or she was required to possess. (B) However, as to a minor, "unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by an ordinary and reasonably careful minor considering his or her age and intelligence. Acts 1979, No. 511, § 2; A.S.A. 1947, § 34-2802; Acts 2007, No. 315, § 1.

As used in this subchapter:

(1) "Anticipated life" means the period over which the product may reasonably be expected to be useful to the user as determined by the trier of facts;

(2) "Defective condition" means a condition of a product that renders it unsafe for reasonably foreseeable use and consumption;

(3) "Manufacturer" means the designer, fabricator, producer, compounder, processor, or assembler of any product or its component parts;

(4) "Product" means any tangible object or goods produced, excluding real estate and improvements located thereon. Provided, any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement thereon shall constitute a product under this subchapter. Provided further, an improvement on real estate shall constitute a product in the event that environmental contaminants exist or have occurred in the improvement;

(5) "Product liability action" includes all actions brought for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labeling of any product;

(6) (A) "Supplier" means any individual or entity engaged in the business of selling a product, whether the sale is for resale or for use or consumption. (B) "Supplier" includes a retailer, wholesaler, or distributor and also includes a lessor or bailor engaged in the business of leasing or bailment of a product. (C) "Supplier" does not include any licensee, as the term is defined in § 17-42-103 , who is providing only brokerage and sales services under a license; and

(A) "Supplier" means any individual or entity engaged in the business of selling a product, whether the sale is for resale or for use or consumption.

(B) "Supplier" includes a retailer, wholesaler, or distributor and also includes a lessor or bailor engaged in the business of leasing or bailment of a product.

(C) "Supplier" does not include any licensee, as the term is defined in § 17-42-103 , who is providing only brokerage and sales services under a license; and

(7) (A) "Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary and reasonable buyer, consumer, or user who acquires or uses the product, assuming the ordinary knowledge of the community or of similar buyers, users, or consumers as to its characteristics, propensities, risks, dangers, and proper and improper uses, as well as any special knowledge, training, or experience possessed by the particular buyer, user, or consumer or which he or she was required to possess. (B) However, as to a minor, "unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by an ordinary and reasonably careful minor considering his or her age and intelligence.

(A) "Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary and reasonable buyer, consumer, or user who acquires or uses the product, assuming the ordinary knowledge of the community or of similar buyers, users, or consumers as to its characteristics, propensities, risks, dangers, and proper and improper uses, as well as any special knowledge, training, or experience possessed by the particular buyer, user, or consumer or which he or she was required to possess.

(B) However, as to a minor, "unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by an ordinary and reasonably careful minor considering his or her age and intelligence.

Acts 1979, No. 511, § 2; A.S.A. 1947, § 34-2802; Acts 2007, No. 315, § 1.
Ark. Code Ann. § 16-105-405 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-405
Temporary injunction
Status: in_force

If the existence of the common nuisance is shown in the action to the satisfaction of the court or judge, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the common nuisance. The notice requirements of Rule 65 of the Arkansas Rules of Civil Procedure shall be followed in maintaining this action. Acts 1989, No. 556, § 1.

If the existence of the common nuisance is shown in the action to the satisfaction of the court or judge, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the common nuisance. The notice requirements of Rule 65 of the Arkansas Rules of Civil Procedure shall be followed in maintaining this action.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-85-516 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-516
Indictment of grand juror
Status: in_force

Any grand juror may be indicted by the grand jury of which he or she is a member, but when any complaint shall be lodged against a grand juror, the foreman shall inform the prosecuting attorney of the charge. If, on examination, there are grounds for proceedings against the juror, the foreman shall inform the court of these grounds, and the court shall discharge the juror and cause another to be summoned, if necessary. Crim. Code, § 407; Acts 1871, No. 49, § 1 [407], p. 255; C. & M. Dig., § 3000; Pope's Dig., § 3822; A.S.A. 1947, § 43-933.

Any grand juror may be indicted by the grand jury of which he or she is a member, but when any complaint shall be lodged against a grand juror, the foreman shall inform the prosecuting attorney of the charge. If, on examination, there are grounds for proceedings against the juror, the foreman shall inform the court of these grounds, and the court shall discharge the juror and cause another to be summoned, if necessary.

Crim. Code, § 407; Acts 1871, No. 49, § 1 [407], p. 255; C. & M. Dig., § 3000; Pope's Dig., § 3822; A.S.A. 1947, § 43-933.
Ark. Code Ann. § 16-46-306 — AR Code / Title 16 / Chapter 46 / Subchapter 3 / Section 16-46-306
Admissibility of copies and affidavits
Status: in_force

The copy of the record shall be admissible in evidence to the same extent as though the original record was offered and the custodian had been present and testified to the matters stated in the affidavit. Acts 1981, No. 255, § 6; A.S.A. 1947, § 28-941.

The copy of the record shall be admissible in evidence to the same extent as though the original record was offered and the custodian had been present and testified to the matters stated in the affidavit.

Acts 1981, No. 255, § 6; A.S.A. 1947, § 28-941.
Ark. Code Ann. § 16-61-211 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-211
Repeal
Status: in_force

All acts or parts of acts which are inconsistent with the provisions of this subchapter are hereby repealed. Acts 1941, No. 315, § 11; A.S.A. 1947, § 34-1009n.

All acts or parts of acts which are inconsistent with the provisions of this subchapter are hereby repealed.

Acts 1941, No. 315, § 11; A.S.A. 1947, § 34-1009n.
Ark. Code Ann. § 16-94-206 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-206
Absence of fugitive from other state when crime committed
Status: in_force

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in § 16-94-205 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand; and the provisions of this subchapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom. Acts 1935, No. 126, § 6; Pope's Dig., § 6086; A.S.A. 1947, § 43-3006.

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in § 16-94-205 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand; and the provisions of this subchapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom.

Acts 1935, No. 126, § 6; Pope's Dig., § 6086; A.S.A. 1947, § 43-3006.
Ark. Code Ann. § 16-10-133 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-133
[Repealed]
Status: repealed

Repealed by Act 2015, No. 268,§ 14, eff. 7/1/2015. Acts 1995, No. 1256, § 16; 1997, No. 209, § 3; 1997, No. 788, § 27; 1997, No. 1341, § 26; 1999, No. 1508, § 7; 2003, No. 932, § 3.

Repealed by Act 2015, No. 268,§ 14, eff. 7/1/2015.

Acts 1995, No. 1256, § 16; 1997, No. 209, § 3; 1997, No. 788, § 27; 1997, No. 1341, § 26; 1999, No. 1508, § 7; 2003, No. 932, § 3.
Ark. Code Ann. § 16-21-151 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-151
Prosecutor's victim/witness fund
Status: in_force

(a) In those offices where the prosecuting attorney is desirous of paying for the victim/witness program from more than one (1) county or fund, the prosecuting attorney may establish a cash account. (b) Notice of such shall be sent by the prosecuting attorney to the applicable county treasurers. (c) Each month the county treasurers shall pay to the office of the prosecuting attorney those funds collected pursuant to § 16-21-106 in the special revenue account entitled "Prosecutor's victim/witness fund" or the portion of the county administration of justice fund allotted to the prosecuting attorney's victim/witness program fund. (d) (1) The prosecuting attorney shall deposit the funds in a bank account entitled "prosecutor's victim/witness fund". (2) Moneys deposited into the fund shall be used exclusively to pay the costs of the prosecuting attorney's victim/witness program. (e) Expenditures and deposits must be made according to the Arkansas Prosecuting Attorneys Financial Management Guidelines as published by the Division of Legislative Audit in conjunction with the Prosecution Coordination Commission. Acts 1995, No. 1221, § 1.

(a) In those offices where the prosecuting attorney is desirous of paying for the victim/witness program from more than one (1) county or fund, the prosecuting attorney may establish a cash account.

(b) Notice of such shall be sent by the prosecuting attorney to the applicable county treasurers.

(c) Each month the county treasurers shall pay to the office of the prosecuting attorney those funds collected pursuant to § 16-21-106 in the special revenue account entitled "Prosecutor's victim/witness fund" or the portion of the county administration of justice fund allotted to the prosecuting attorney's victim/witness program fund.

(d) (1) The prosecuting attorney shall deposit the funds in a bank account entitled "prosecutor's victim/witness fund". (2) Moneys deposited into the fund shall be used exclusively to pay the costs of the prosecuting attorney's victim/witness program.

(1) The prosecuting attorney shall deposit the funds in a bank account entitled "prosecutor's victim/witness fund".

(2) Moneys deposited into the fund shall be used exclusively to pay the costs of the prosecuting attorney's victim/witness program.

(e) Expenditures and deposits must be made according to the Arkansas Prosecuting Attorneys Financial Management Guidelines as published by the Division of Legislative Audit in conjunction with the Prosecution Coordination Commission.

Acts 1995, No. 1221, § 1.
Ark. Code Ann. § 16-92-104 — AR Code / Title 16 / Chapter 92 / Section 16-92-104
Costs and fees - Capital cases
Status: in_force

The costs in all cases of conviction where the convict may be sentenced to suffer death, and all expenses attending the execution of the sentence, shall be adjudged and taxed by the court and paid out of the estate of the convict, and execution may be issued against the estate of the convict therefor. Rev. Stat., ch. 45, § 197; C. & M. Dig., § 3268; Pope's Dig., § 4114; A.S.A. 1947, § 43-2401.

The costs in all cases of conviction where the convict may be sentenced to suffer death, and all expenses attending the execution of the sentence, shall be adjudged and taxed by the court and paid out of the estate of the convict, and execution may be issued against the estate of the convict therefor.

Rev. Stat., ch. 45, § 197; C. & M. Dig., § 3268; Pope's Dig., § 4114; A.S.A. 1947, § 43-2401.
Ark. Code Ann. § 16-55-213 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-213
[Repealed]
Status: repealed

Repealed by Act 2015, No. 830,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1315,§ 1, eff. 4/18/2013. Acts 2003, No. 649, § 16.

Repealed by Act 2015, No. 830,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1315,§ 1, eff. 4/18/2013.

Acts 2003, No. 649, § 16.
Ark. Code Ann. § 16-94-204 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-204
Investigation by Attorney General
Status: in_force

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded and whether he or she ought to be surrendered. Acts 1935, No. 126, § 4; Pope's Dig., § 6084; A.S.A. 1947, § 43-3004.

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded and whether he or she ought to be surrendered.

Acts 1935, No. 126, § 4; Pope's Dig., § 6084; A.S.A. 1947, § 43-3004.
Ark. Code Ann. § 16-63-502 — AR Code / Title 16 / Chapter 63 / Subchapter 5 / Section 16-63-502
Legislative findings
Status: in_force

The General Assembly finds and declares that: (1) It is in the public interest to encourage participation by the citizens of the State of Arkansas in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for a redress of grievances; (2) The valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process; (3) The threat of a civil action for damages in the form of a strategic lawsuit against political participation and the possibility of considerable legal costs can act as a deterrent to citizens who wish to report information to federal, state, or local agencies; and (4) Strategic lawsuits against political participation can effectively punish concerned citizens for exercising the constitutional right to speak and petition the government for a redress of grievances. Acts 2005, No. 1843, § 1.

The General Assembly finds and declares that:

(1) It is in the public interest to encourage participation by the citizens of the State of Arkansas in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for a redress of grievances;

(2) The valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process;

(3) The threat of a civil action for damages in the form of a strategic lawsuit against political participation and the possibility of considerable legal costs can act as a deterrent to citizens who wish to report information to federal, state, or local agencies; and

(4) Strategic lawsuits against political participation can effectively punish concerned citizens for exercising the constitutional right to speak and petition the government for a redress of grievances.

Acts 2005, No. 1843, § 1.
Ark. Code Ann. § 16-90-1107 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1107
Information from law enforcement agencies
Status: in_force

(a) (1) After initial contact between a victim or a victim's family and a law enforcement agency responsible for investigating a crime, the law enforcement agency shall promptly give the victim and, if applicable, the victim's family, a preprinted document to be known as "Laura's Card" that clearly states the following: (A) An explanation of the victim's rights under this subchapter; and (B) Information concerning the availability of: (i) Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services; (ii) Compensation for victims under the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., and the name, street address, and telephone number of the agency to contact; (iii) Protection of the victim, including protective court orders; and (iv) Access by the victim and the defendant to public records related to the case. (2) The law enforcement officer who provides the Laura's Card to a victim is required to provide the law enforcement officer's badge number and contact information on the Laura's Card. (b) As soon as practicable, the law enforcement agency shall give to the victim, as relevant, the following: (1) Information as to the suspect's identity, unless inconsistent with law enforcement purposes; (2) Information as to whether the suspect has been taken into custody, has escaped, or has been released, and any conditions imposed on the release when such information has been made known to the law enforcement agency; (3) The file number of the case and the name, office address, and office telephone number of a law enforcement officer assigned to investigate the case; and (4) The prosecuting attorney's name, office address, and office telephone number. (c) As used in this section, "law enforcement agency" includes without limitation a college or university police department. Amended by Act 2015, No. 873,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 873,§ 1, eff. 7/22/2015. Acts 1997, No. 1262, § 7.

(a) (1) After initial contact between a victim or a victim's family and a law enforcement agency responsible for investigating a crime, the law enforcement agency shall promptly give the victim and, if applicable, the victim's family, a preprinted document to be known as "Laura's Card" that clearly states the following: (A) An explanation of the victim's rights under this subchapter; and (B) Information concerning the availability of: (i) Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services; (ii) Compensation for victims under the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., and the name, street address, and telephone number of the agency to contact; (iii) Protection of the victim, including protective court orders; and (iv) Access by the victim and the defendant to public records related to the case. (2) The law enforcement officer who provides the Laura's Card to a victim is required to provide the law enforcement officer's badge number and contact information on the Laura's Card.

(1) After initial contact between a victim or a victim's family and a law enforcement agency responsible for investigating a crime, the law enforcement agency shall promptly give the victim and, if applicable, the victim's family, a preprinted document to be known as "Laura's Card" that clearly states the following: (A) An explanation of the victim's rights under this subchapter; and (B) Information concerning the availability of: (i) Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services; (ii) Compensation for victims under the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., and the name, street address, and telephone number of the agency to contact; (iii) Protection of the victim, including protective court orders; and (iv) Access by the victim and the defendant to public records related to the case.

(A) An explanation of the victim's rights under this subchapter; and

(B) Information concerning the availability of: (i) Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services; (ii) Compensation for victims under the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., and the name, street address, and telephone number of the agency to contact; (iii) Protection of the victim, including protective court orders; and (iv) Access by the victim and the defendant to public records related to the case.

(i) Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services;

(ii) Compensation for victims under the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., and the name, street address, and telephone number of the agency to contact;

(iii) Protection of the victim, including protective court orders; and

(iv) Access by the victim and the defendant to public records related to the case.

(2) The law enforcement officer who provides the Laura's Card to a victim is required to provide the law enforcement officer's badge number and contact information on the Laura's Card.

(b) As soon as practicable, the law enforcement agency shall give to the victim, as relevant, the following: (1) Information as to the suspect's identity, unless inconsistent with law enforcement purposes; (2) Information as to whether the suspect has been taken into custody, has escaped, or has been released, and any conditions imposed on the release when such information has been made known to the law enforcement agency; (3) The file number of the case and the name, office address, and office telephone number of a law enforcement officer assigned to investigate the case; and (4) The prosecuting attorney's name, office address, and office telephone number.

(1) Information as to the suspect's identity, unless inconsistent with law enforcement purposes;

(2) Information as to whether the suspect has been taken into custody, has escaped, or has been released, and any conditions imposed on the release when such information has been made known to the law enforcement agency;

(3) The file number of the case and the name, office address, and office telephone number of a law enforcement officer assigned to investigate the case; and

(4) The prosecuting attorney's name, office address, and office telephone number.

(c) As used in this section, "law enforcement agency" includes without limitation a college or university police department.

Amended by Act 2015, No. 873,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 873,§ 1, eff. 7/22/2015.

Acts 1997, No. 1262, § 7.
Ark. Code Ann. § 16-63-101 — AR Code / Title 16 / Chapter 63 / Subchapter 1 / Section 16-63-101
Pretrial conferences
Status: in_force

(a) Actions taken at the conference, amendments allowed to the pleadings, rulings of the court, stipulations to be considered in evidence, and agreements made by the parties on any of the matters considered will be made a part of the record in the case. (b) Objections may be made and exceptions saved at the time the order is made or when the action is called for trial unless the record entry is reached by agreement of all parties with full understanding of the subject matter agreed upon. (c) For the purpose set out in subsections (a) and (b) of this section, if a pretrial conference is ordered by the court, it must be in the county where the cause is pending and after due and reasonable notice of the time and place is given to the litigants or their counsel. (d) If the pretrial conference is conducted by agreement of the court and the litigants or their counsel, the pretrial conference may be held at any time and place in the judicial district which may be agreed upon. (e) A defendant named in a complaint filed in any of the courts of this state who participates in a pretrial conference held pursuant to the provisions of this section or who avails himself or herself of any of the discovery procedures authorized under §§ 16-44-115 - 16-44-120 shall not thereby be deemed or held to have entered his or her general appearance in the cause, nor to have waived his or her right, otherwise existing, to object to the sufficiency of any process or the service thereof, or the jurisdiction of the court over his or her person, or to any defect in the venue as laid in the cause. Acts 1949, No. 301, §§ 2, 3; 1957, No. 288, § 2; A.S.A. 1947, §§ 27-2402, 27-2403, 28-361.

(a) Actions taken at the conference, amendments allowed to the pleadings, rulings of the court, stipulations to be considered in evidence, and agreements made by the parties on any of the matters considered will be made a part of the record in the case.

(b) Objections may be made and exceptions saved at the time the order is made or when the action is called for trial unless the record entry is reached by agreement of all parties with full understanding of the subject matter agreed upon.

(c) For the purpose set out in subsections (a) and (b) of this section, if a pretrial conference is ordered by the court, it must be in the county where the cause is pending and after due and reasonable notice of the time and place is given to the litigants or their counsel.

(d) If the pretrial conference is conducted by agreement of the court and the litigants or their counsel, the pretrial conference may be held at any time and place in the judicial district which may be agreed upon.

(e) A defendant named in a complaint filed in any of the courts of this state who participates in a pretrial conference held pursuant to the provisions of this section or who avails himself or herself of any of the discovery procedures authorized under §§ 16-44-115 - 16-44-120 shall not thereby be deemed or held to have entered his or her general appearance in the cause, nor to have waived his or her right, otherwise existing, to object to the sufficiency of any process or the service thereof, or the jurisdiction of the court over his or her person, or to any defect in the venue as laid in the cause.

Acts 1949, No. 301, §§ 2, 3; 1957, No. 288, § 2; A.S.A. 1947, §§ 27-2402, 27-2403, 28-361.
Ark. Code Ann. § 16-43-205 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-205
Authorization for officials taking depositions to compel attendance of witnesses
Status: in_force

Every person in this state who is required to take depositions or examinations of witnesses by virtue of any commission issued out of any court of record of this or any other government shall have power to issue subpoenas for witnesses to appear and testify and to compel their attendance in the same manner and under the same penalties as any court of record of this state. Rev. Stat., ch. 48, § 14; C. & M. Dig., § 4154; Pope's Dig., § 5164; A.S.A. 1947, § 28-504; Acts 2003, No. 1185, § 182.

Every person in this state who is required to take depositions or examinations of witnesses by virtue of any commission issued out of any court of record of this or any other government shall have power to issue subpoenas for witnesses to appear and testify and to compel their attendance in the same manner and under the same penalties as any court of record of this state.

Rev. Stat., ch. 48, § 14; C. & M. Dig., § 4154; Pope's Dig., § 5164; A.S.A. 1947, § 28-504; Acts 2003, No. 1185, § 182.
Ark. Code Ann. § 16-43-301 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-301
Interstate rendition of prisoners as witnesses - Definitions
Status: in_force

As used in this subchapter: (1) "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court; (2) "Penal institutions" includes a jail, prison, penitentiary, house of correction, or other place of penal detention; (3) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States. Acts 1959, No. 216, § 1; A.S.A. 1947, § 43-2025.

As used in this subchapter:

(1) "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court;

(2) "Penal institutions" includes a jail, prison, penitentiary, house of correction, or other place of penal detention;

(3) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.

Acts 1959, No. 216, § 1; A.S.A. 1947, § 43-2025.
Ark. Code Ann. § 16-3-105 — AR Code / Title 16 / Chapter 3 / Section 16-3-105
Authorized publications - Legal newspapers
Status: in_force

(a) As used in this section, "legal newspaper" means a publication bearing a fixed title or name, published at a fixed place of business, regularly issued at fixed intervals as frequently as one (1) time each week and having a second-class mailing privilege, and being not less than four (4) pages of five (5) columns each. (b) The primary function of such a publication shall be to inform, instruct, enlighten, and entertain, and to be an intangible service to which the general public as a whole resorts for intelligence of passing events of a political, religious, commercial, or social nature, for local and general current happenings, editorial comment, announcements, miscellaneous reading matter, advertisements, and other notices. (c) (1) For a newspaper to be eligible to publish legal notices and to be classified as a legal newspaper, it shall have been published at regular intervals continuously during a period of at least twelve (12) months, following the securing of a second-class mailing privilege, or as a direct legal successor of such a publication issued during the immediate prior period of at least twelve (12) months, or, in the case of a legal newspaper which surrenders its second-class mailing privilege and is subsequently sold, the resulting newspaper under new ownership is a legal newspaper if the purchased newspaper had been a legal newspaper within twelve (12) months prior to its sale. The newspaper shall be circulated and distributed from an established place of business to subscribers and readers generally of all classes in the county or counties in which it is circulated for a definite price or consideration for each copy or at a fixed price per annum, which price or consideration shall be fixed by the publisher at what he or she considers the value of the publication based upon the news value and service value it contains and not upon the physical or concrete worth of the raw materials so sold. (2) It is ascertained by the General Assembly that the value of a newspaper or other publication coming within the requisites of this section is in the service that it renders to the community or communities it serves. (d) (1) The circulation of a legal newspaper shall be proven bona fide by at least fifty percent (50%) of the subscribers thereto having paid cash for their subscriptions to the newspaper, or its agents, or through recognized news dealers, over a period of six (6) months. (2) A legal newspaper must publish an average of forty percent (40%) news matter which has sufficient merit to have created a following of paid readers. (e) (1) The definition of "legal newspaper" provided in this section shall not be construed to classify as legal newspapers publications such as racing forms, shopping guides, and similar publications devoted primarily to advertising. (2) Special class publications having a bona fide circulation such as patriotic organs, religious publications, construction journals, and other similar class publications shall not be affected under the provisions of this section. Acts 1937, No. 152, §§ 1-5; 1937, No. 263, §§ 1, 2; Pope's Dig., §§ 8777-8781; Acts 1943, No. 57, §§ 1, 2; A.S.A. 1947, §§ 15-108 -- 15-112; Acts 1988 (3rd Ex. Sess.), No. 34, § 1.

(a) As used in this section, "legal newspaper" means a publication bearing a fixed title or name, published at a fixed place of business, regularly issued at fixed intervals as frequently as one (1) time each week and having a second-class mailing privilege, and being not less than four (4) pages of five (5) columns each.

(b) The primary function of such a publication shall be to inform, instruct, enlighten, and entertain, and to be an intangible service to which the general public as a whole resorts for intelligence of passing events of a political, religious, commercial, or social nature, for local and general current happenings, editorial comment, announcements, miscellaneous reading matter, advertisements, and other notices.

(c) (1) For a newspaper to be eligible to publish legal notices and to be classified as a legal newspaper, it shall have been published at regular intervals continuously during a period of at least twelve (12) months, following the securing of a second-class mailing privilege, or as a direct legal successor of such a publication issued during the immediate prior period of at least twelve (12) months, or, in the case of a legal newspaper which surrenders its second-class mailing privilege and is subsequently sold, the resulting newspaper under new ownership is a legal newspaper if the purchased newspaper had been a legal newspaper within twelve (12) months prior to its sale. The newspaper shall be circulated and distributed from an established place of business to subscribers and readers generally of all classes in the county or counties in which it is circulated for a definite price or consideration for each copy or at a fixed price per annum, which price or consideration shall be fixed by the publisher at what he or she considers the value of the publication based upon the news value and service value it contains and not upon the physical or concrete worth of the raw materials so sold. (2) It is ascertained by the General Assembly that the value of a newspaper or other publication coming within the requisites of this section is in the service that it renders to the community or communities it serves.

(1) For a newspaper to be eligible to publish legal notices and to be classified as a legal newspaper, it shall have been published at regular intervals continuously during a period of at least twelve (12) months, following the securing of a second-class mailing privilege, or as a direct legal successor of such a publication issued during the immediate prior period of at least twelve (12) months, or, in the case of a legal newspaper which surrenders its second-class mailing privilege and is subsequently sold, the resulting newspaper under new ownership is a legal newspaper if the purchased newspaper had been a legal newspaper within twelve (12) months prior to its sale. The newspaper shall be circulated and distributed from an established place of business to subscribers and readers generally of all classes in the county or counties in which it is circulated for a definite price or consideration for each copy or at a fixed price per annum, which price or consideration shall be fixed by the publisher at what he or she considers the value of the publication based upon the news value and service value it contains and not upon the physical or concrete worth of the raw materials so sold.

(2) It is ascertained by the General Assembly that the value of a newspaper or other publication coming within the requisites of this section is in the service that it renders to the community or communities it serves.

(d) (1) The circulation of a legal newspaper shall be proven bona fide by at least fifty percent (50%) of the subscribers thereto having paid cash for their subscriptions to the newspaper, or its agents, or through recognized news dealers, over a period of six (6) months. (2) A legal newspaper must publish an average of forty percent (40%) news matter which has sufficient merit to have created a following of paid readers.

(1) The circulation of a legal newspaper shall be proven bona fide by at least fifty percent (50%) of the subscribers thereto having paid cash for their subscriptions to the newspaper, or its agents, or through recognized news dealers, over a period of six (6) months.

(2) A legal newspaper must publish an average of forty percent (40%) news matter which has sufficient merit to have created a following of paid readers.

(e) (1) The definition of "legal newspaper" provided in this section shall not be construed to classify as legal newspapers publications such as racing forms, shopping guides, and similar publications devoted primarily to advertising. (2) Special class publications having a bona fide circulation such as patriotic organs, religious publications, construction journals, and other similar class publications shall not be affected under the provisions of this section.

(1) The definition of "legal newspaper" provided in this section shall not be construed to classify as legal newspapers publications such as racing forms, shopping guides, and similar publications devoted primarily to advertising.

(2) Special class publications having a bona fide circulation such as patriotic organs, religious publications, construction journals, and other similar class publications shall not be affected under the provisions of this section.

Acts 1937, No. 152, §§ 1-5; 1937, No. 263, §§ 1, 2; Pope's Dig., §§ 8777-8781; Acts 1943, No. 57, §§ 1, 2; A.S.A. 1947, §§ 15-108 -- 15-112; Acts 1988 (3rd Ex. Sess.), No. 34, § 1.
Ark. Code Ann. § 16-120-703 — AR Code / Title 16 / Chapter 120 / Subchapter 7 / Section 16-120-703
Exceptions to immunity grant
Status: in_force

(a) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations or members of boards, commissions, agencies, authorities, or other governing bodies of any governmental entity which constitute ordinary or gross negligence personal to the director or member or to intentional torts committed by a director or member. (b) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations which are licensed or permitted by the Alcoholic Beverage Control Division to dispense alcoholic beverages, beer, or wine. (c) Nothing in this subchapter shall be construed to limit the liability of a nonprofit corporate entity itself for damages resulting from any negligent act or omission of an employee of the nonprofit corporation. Acts 1987, No. 970, §§ 4, 7.

(a) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations or members of boards, commissions, agencies, authorities, or other governing bodies of any governmental entity which constitute ordinary or gross negligence personal to the director or member or to intentional torts committed by a director or member.

(b) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations which are licensed or permitted by the Alcoholic Beverage Control Division to dispense alcoholic beverages, beer, or wine.

(c) Nothing in this subchapter shall be construed to limit the liability of a nonprofit corporate entity itself for damages resulting from any negligent act or omission of an employee of the nonprofit corporation.

Acts 1987, No. 970, §§ 4, 7.
Ark. Code Ann. § 16-118-118 — AR Code / Title 16 / Chapter 118 / Section 16-118-118
Civil action for vulnerable victims of sexual abuse - Definitions
Status: in_force

(a) As used in this section: (1) "Disability" means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent; (2) "Minor" means a person under eighteen (18) years of age; (3) "Sexual abuse" means the commission of one (1) or more of the following acts or offenses: (A) Rape, § 5-14-103 ; (B) Sexual assault in the first degree, § 5-14-124 ; (C) Sexual assault in the second degree, § 5-14-125 ; (D) Engaging children in sexually explicit conduct for use in a visual or print medium, § 5-27-303 ; (E) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (F) Use of children in sexual performances, § 5-27-401 et seq.; (G) Unlawful sexual contact with a vulnerable victim; and (H) Unlawful sexually explicit conduct with a vulnerable victim; (4) "Sexual contact" means the same as defined in § 5-14-101 ; (5) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and (6) "Vulnerable victim" means a person who was either a person with a disability, a minor, or both at the time he or she was a victim of sexual abuse. (b) (1) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a vulnerable victim may bring a civil action against any party who committed sexual abuse against the vulnerable victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse. (2) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a civil action similar to a civil action described in subdivision (b)(1) of this section, including a cause of action arising before, on, or after July 28, 2021, that was barred or dismissed due to a statute of limitation is revived, and the civil action may be commenced not earlier than six (6) months after and not later than thirty (30) months after August 1, 2023. (c) This section does not apply to a claim that has been litigated to finality on the merits in any court of competent jurisdiction before July 28, 2021. (d) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief in a civil action under this section. Amended by Act 2023, No. 616,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 177,§ 17, eff. 8/1/2023. Added by Act 2021, No. 1036,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Disability" means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent; (2) "Minor" means a person under eighteen (18) years of age; (3) "Sexual abuse" means the commission of one (1) or more of the following acts or offenses: (A) Rape, § 5-14-103 ; (B) Sexual assault in the first degree, § 5-14-124 ; (C) Sexual assault in the second degree, § 5-14-125 ; (D) Engaging children in sexually explicit conduct for use in a visual or print medium, § 5-27-303 ; (E) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (F) Use of children in sexual performances, § 5-27-401 et seq.; (G) Unlawful sexual contact with a vulnerable victim; and (H) Unlawful sexually explicit conduct with a vulnerable victim; (4) "Sexual contact" means the same as defined in § 5-14-101 ; (5) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and (6) "Vulnerable victim" means a person who was either a person with a disability, a minor, or both at the time he or she was a victim of sexual abuse.

(1) "Disability" means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent;

(2) "Minor" means a person under eighteen (18) years of age;

(3) "Sexual abuse" means the commission of one (1) or more of the following acts or offenses: (A) Rape, § 5-14-103 ; (B) Sexual assault in the first degree, § 5-14-124 ; (C) Sexual assault in the second degree, § 5-14-125 ; (D) Engaging children in sexually explicit conduct for use in a visual or print medium, § 5-27-303 ; (E) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (F) Use of children in sexual performances, § 5-27-401 et seq.; (G) Unlawful sexual contact with a vulnerable victim; and (H) Unlawful sexually explicit conduct with a vulnerable victim;

(A) Rape, § 5-14-103 ;

(B) Sexual assault in the first degree, § 5-14-124 ;

(C) Sexual assault in the second degree, § 5-14-125 ;

(D) Engaging children in sexually explicit conduct for use in a visual or print medium, § 5-27-303 ;

(E) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(F) Use of children in sexual performances, § 5-27-401 et seq.;

(G) Unlawful sexual contact with a vulnerable victim; and

(H) Unlawful sexually explicit conduct with a vulnerable victim;

(4) "Sexual contact" means the same as defined in § 5-14-101 ;

(5) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and

(6) "Vulnerable victim" means a person who was either a person with a disability, a minor, or both at the time he or she was a victim of sexual abuse.

(b) (1) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a vulnerable victim may bring a civil action against any party who committed sexual abuse against the vulnerable victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse. (2) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a civil action similar to a civil action described in subdivision (b)(1) of this section, including a cause of action arising before, on, or after July 28, 2021, that was barred or dismissed due to a statute of limitation is revived, and the civil action may be commenced not earlier than six (6) months after and not later than thirty (30) months after August 1, 2023.

(1) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a vulnerable victim may bring a civil action against any party who committed sexual abuse against the vulnerable victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse.

(2) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a civil action similar to a civil action described in subdivision (b)(1) of this section, including a cause of action arising before, on, or after July 28, 2021, that was barred or dismissed due to a statute of limitation is revived, and the civil action may be commenced not earlier than six (6) months after and not later than thirty (30) months after August 1, 2023.

(c) This section does not apply to a claim that has been litigated to finality on the merits in any court of competent jurisdiction before July 28, 2021.

(d) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief in a civil action under this section.

Amended by Act 2023, No. 616,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 177,§ 17, eff. 8/1/2023.

Added by Act 2021, No. 1036,§ 1, eff. 7/28/2021.