Ark. Code Ann. § 16-94-214 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-214
Arrest without warrant - Delivery to other state without Governor's warrant
Status: in_force

(a) The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him or her under oath setting forth the ground for the arrest as in the last section; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant. (b) Notwithstanding any other law to the contrary, a law enforcement officer shall deliver a person in custody to the accredited agent or agents of a demanding state without the Governor's warrant provided that: (1) Such person is alleged to have broken the terms of his or her probation, parole, bail or any other release of the demanding state; and (2) The law enforcement agency has received from the demanding state an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail or any other release of the demanding state. The copy shall contain photographs, fingerprints or other evidence properly identifying such person as the person who signed the waiver. Acts 1935, No. 126, § 14; Pope's Dig., § 6094; A.S.A. 1947, § 43-3014; Acts 1995, No. 556, § 1.

(a) The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him or her under oath setting forth the ground for the arrest as in the last section; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant.

(b) Notwithstanding any other law to the contrary, a law enforcement officer shall deliver a person in custody to the accredited agent or agents of a demanding state without the Governor's warrant provided that: (1) Such person is alleged to have broken the terms of his or her probation, parole, bail or any other release of the demanding state; and (2) The law enforcement agency has received from the demanding state an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail or any other release of the demanding state. The copy shall contain photographs, fingerprints or other evidence properly identifying such person as the person who signed the waiver.

(1) Such person is alleged to have broken the terms of his or her probation, parole, bail or any other release of the demanding state; and

(2) The law enforcement agency has received from the demanding state an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail or any other release of the demanding state. The copy shall contain photographs, fingerprints or other evidence properly identifying such person as the person who signed the waiver.

Acts 1935, No. 126, § 14; Pope's Dig., § 6094; A.S.A. 1947, § 43-3014; Acts 1995, No. 556, § 1.
Ark. Code Ann. § 16-60-104 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-104
Actions that shall be brought in Pulaski County
Status: in_force

The following civil actions shall be brought in Pulaski County: (1) (A) A civil action on behalf of the state, or which may be brought in the name of the state, or in which the state has or claims an interest, except as provided in § 16-106-101 . (B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties; (2) (A) A civil action brought by a state board, state commissioner, or state officer in his or her official capacity, or on behalf of the state, except as provided in § 16-106-101 . (B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties; (3) (A) A civil action against the state or a civil action against a state board, state commissioner, or state officer because of his or her or the state board's official acts. (B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties; (4) A civil action brought against an organization that regulates extracurricular interscholastic activities in grades seven through twelve (7-12) in both public and private schools if the organization's main administrative office is located in Pulaski County; and (5) Other civil actions required by law to be brought in Pulaski County. Amended by Act 2017, No. 967,§ 1, eff. 4/5/2017. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 92; C. & M. Dig., § 1171; Pope's Dig., § 1393; A.S.A. 1947, § 27-605.

The following civil actions shall be brought in Pulaski County:

(1) (A) A civil action on behalf of the state, or which may be brought in the name of the state, or in which the state has or claims an interest, except as provided in § 16-106-101 . (B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;

(A) A civil action on behalf of the state, or which may be brought in the name of the state, or in which the state has or claims an interest, except as provided in § 16-106-101 .

(B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;

(2) (A) A civil action brought by a state board, state commissioner, or state officer in his or her official capacity, or on behalf of the state, except as provided in § 16-106-101 . (B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;

(A) A civil action brought by a state board, state commissioner, or state officer in his or her official capacity, or on behalf of the state, except as provided in § 16-106-101 .

(B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;

(3) (A) A civil action against the state or a civil action against a state board, state commissioner, or state officer because of his or her or the state board's official acts. (B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;

(A) A civil action against the state or a civil action against a state board, state commissioner, or state officer because of his or her or the state board's official acts.

(B) However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;

(4) A civil action brought against an organization that regulates extracurricular interscholastic activities in grades seven through twelve (7-12) in both public and private schools if the organization's main administrative office is located in Pulaski County; and

(5) Other civil actions required by law to be brought in Pulaski County.

Amended by Act 2017, No. 967,§ 1, eff. 4/5/2017.

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

Civil Code, § 92; C. & M. Dig., § 1171; Pope's Dig., § 1393; A.S.A. 1947, § 27-605.
Ark. Code Ann. § 16-67-320 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-320
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, §§ 880, 881; C. & M. Dig., §§ 2168, 2169; Pope's Dig., §§ 2774, 2775; A.S.A. 1947, §§ 27-2139, 27-2140.

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

Civil Code, §§ 880, 881; C. & M. Dig., §§ 2168, 2169; Pope's Dig., §§ 2774, 2775; A.S.A. 1947, §§ 27-2139, 27-2140.
Ark. Code Ann. § 16-13-3305 — AR Code / Title 16 / Chapter 13 / Subchapter 33 / Section 16-13-3305
Trial court administrators - Credit for county service
Status: in_force

A trial court administrator who converted on July 1, 1996, from county employment to state employment and was employed under former § 16-10-134 shall be given credit for his or her length of service with the county for purposes of accrual rates for sick leave and annual leave and attainment of career service recognition awards. Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.

A trial court administrator who converted on July 1, 1996, from county employment to state employment and was employed under former § 16-10-134 shall be given credit for his or her length of service with the county for purposes of accrual rates for sick leave and annual leave and attainment of career service recognition awards.

Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.
Ark. Code Ann. § 16-40-102 — AR Code / Title 16 / Chapter 40 / Section 16-40-102
Order of proof
Status: in_force

The order of proof shall be regulated by the court so as to expedite the trial and enable the tribunal to obtain a clear view of the whole evidence. However, the party who begins the case must ordinarily exhaust his evidence before the other begins. Civil Code, § 649; C. & M. Dig., § 4182; Pope's Dig., § 5192; A.S.A. 1947, § 28-103.

The order of proof shall be regulated by the court so as to expedite the trial and enable the tribunal to obtain a clear view of the whole evidence. However, the party who begins the case must ordinarily exhaust his evidence before the other begins.

Civil Code, § 649; C. & M. Dig., § 4182; Pope's Dig., § 5192; A.S.A. 1947, § 28-103.
Ark. Code Ann. § 16-120-702 — AR Code / Title 16 / Chapter 120 / Subchapter 7 / Section 16-120-702
Persons granted immunity
Status: in_force

(a) Except as otherwise provided by this subchapter, no member of any board, commission, agency, authority, or other governing body of any governmental entity and no member of the board of directors of a nonprofit corporation that holds a valid federal income tax exemption issued by the Internal Revenue Service shall be held personally liable for damages resulting from: (1) Any negligent act or omission of an employee of the nonprofit corporation or governmental entity; or (2) Any negligent act or omission of another director or member of the governing body of the governmental entity. (b) The same immunity provided by this subchapter shall be extended to any athletic official during the officiating of an interscholastic, intercollegiate, or any other amateur athletic contest being conducted under the auspices of a nonprofit or governmental entity. No official shall be held personally liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts of commission or omission arising out of officiating duties and activities. Nothing in this subsection shall be deemed to grant immunity to any person causing damage by his or her malicious, willful, wanton, or grossly negligent act. Acts 1987, No. 970, §§ 2, 3.

(a) Except as otherwise provided by this subchapter, no member of any board, commission, agency, authority, or other governing body of any governmental entity and no member of the board of directors of a nonprofit corporation that holds a valid federal income tax exemption issued by the Internal Revenue Service shall be held personally liable for damages resulting from: (1) Any negligent act or omission of an employee of the nonprofit corporation or governmental entity; or (2) Any negligent act or omission of another director or member of the governing body of the governmental entity.

(1) Any negligent act or omission of an employee of the nonprofit corporation or governmental entity; or

(2) Any negligent act or omission of another director or member of the governing body of the governmental entity.

(b) The same immunity provided by this subchapter shall be extended to any athletic official during the officiating of an interscholastic, intercollegiate, or any other amateur athletic contest being conducted under the auspices of a nonprofit or governmental entity. No official shall be held personally liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts of commission or omission arising out of officiating duties and activities. Nothing in this subsection shall be deemed to grant immunity to any person causing damage by his or her malicious, willful, wanton, or grossly negligent act.

Acts 1987, No. 970, §§ 2, 3.
Ark. Code Ann. § 16-17-909 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-909
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 9; 2003 (2nd Ex. Sess.), No. 45, § 1; 2007, No. 663, § 7; 2011, No. 1132, § 11.

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

Acts 2003, No. 1727, § 9; 2003 (2nd Ex. Sess.), No. 45, § 1; 2007, No. 663, § 7; 2011, No. 1132, § 11.
Ark. Code Ann. § 16-17-706 — AR Code / Title 16 / Chapter 17 / Subchapter 7 / Section 16-17-706
Venue
Status: in_force

(a) Except as provided in subsection (b) of this section, the venue of civil actions instituted under this subchapter shall be as in like actions instituted in the circuit courts. (b) If a small claims division of the district court is established pursuant to Arkansas Constitution, Amendment 80, § 7, venue in civil actions instituted in the small claims division shall be as follows: (1) When a defendant has contracted to perform an obligation in a particular county, an action based on that obligation may be commenced and maintained either in the county where the obligation is to be performed or in the county in which the defendant resides at the commencement of the action; (2) When the action is for injury to person or to personal property, either the county where the injury occurred or the county where the defendant resides at the commencement of the action shall be the proper venue; and (3) In all other cases, actions shall be commenced and maintained in the county in which the defendant resides. Acts 2003, No. 1185, § 167.

(a) Except as provided in subsection (b) of this section, the venue of civil actions instituted under this subchapter shall be as in like actions instituted in the circuit courts.

(b) If a small claims division of the district court is established pursuant to Arkansas Constitution, Amendment 80, § 7, venue in civil actions instituted in the small claims division shall be as follows: (1) When a defendant has contracted to perform an obligation in a particular county, an action based on that obligation may be commenced and maintained either in the county where the obligation is to be performed or in the county in which the defendant resides at the commencement of the action; (2) When the action is for injury to person or to personal property, either the county where the injury occurred or the county where the defendant resides at the commencement of the action shall be the proper venue; and (3) In all other cases, actions shall be commenced and maintained in the county in which the defendant resides.

(1) When a defendant has contracted to perform an obligation in a particular county, an action based on that obligation may be commenced and maintained either in the county where the obligation is to be performed or in the county in which the defendant resides at the commencement of the action;

(2) When the action is for injury to person or to personal property, either the county where the injury occurred or the county where the defendant resides at the commencement of the action shall be the proper venue; and

(3) In all other cases, actions shall be commenced and maintained in the county in which the defendant resides.

Acts 2003, No. 1185, § 167.
Ark. Code Ann. § 16-65-114 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-114
Interest on judgments
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, a judgment entered by a court shall bear post-judgment interest and, if appropriate under the facts of the case, prejudgment interest: (A) In an action on a contract at the rate provided by the contract or at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), whichever is greater; and (B) In any other action at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%). (2) Interest on a judgment shall not exceed the maximum rate permitted under Arkansas Constitution, Amendment 89. (b) A judgment rendered or to be rendered against a county in the state on a county warrant or other evidence of county indebtedness shall not bear interest. Amended by Act 2019, No. 995,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1140,§ 1, eff. 8/16/2013. Acts 1868, No. 9, § 2, p. 32; 1893, No. 78, § 1, p. 145; C. & M. Dig., § 7360; Pope's Dig., § 9399; Acts 1975, No. 474, § 1; 1985, No. 782, § 1; A.S.A. 1947, § 29-124; Acts 2009, No. 633, § 15.

(a) (1) Except as provided in subdivision (a)(2) of this section, a judgment entered by a court shall bear post-judgment interest and, if appropriate under the facts of the case, prejudgment interest: (A) In an action on a contract at the rate provided by the contract or at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), whichever is greater; and (B) In any other action at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%). (2) Interest on a judgment shall not exceed the maximum rate permitted under Arkansas Constitution, Amendment 89.

(1) Except as provided in subdivision (a)(2) of this section, a judgment entered by a court shall bear post-judgment interest and, if appropriate under the facts of the case, prejudgment interest: (A) In an action on a contract at the rate provided by the contract or at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), whichever is greater; and (B) In any other action at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%).

(A) In an action on a contract at the rate provided by the contract or at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), whichever is greater; and

(B) In any other action at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%).

(2) Interest on a judgment shall not exceed the maximum rate permitted under Arkansas Constitution, Amendment 89.

(b) A judgment rendered or to be rendered against a county in the state on a county warrant or other evidence of county indebtedness shall not bear interest.

Amended by Act 2019, No. 995,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1140,§ 1, eff. 8/16/2013.

Acts 1868, No. 9, § 2, p. 32; 1893, No. 78, § 1, p. 145; C. & M. Dig., § 7360; Pope's Dig., § 9399; Acts 1975, No. 474, § 1; 1985, No. 782, § 1; A.S.A. 1947, § 29-124; Acts 2009, No. 633, § 15.
Ark. Code Ann. § 16-47-217 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-217
Validation of prior acknowledgments - Construction of uniform act
Status: in_force

It is the intent and purpose of this section that all acknowledgments taken subsequent to Acts 1957, No. 411 either in accordance with the Uniform Acknowledgment Act or in accordance with the laws of this state in effect at the time of adoption of the Uniform Acknowledgment Act be cured and validated for all purposes; and that neither Acts 1957, No. 411 nor the Uniform Acknowledgment Act to which it is amendatory shall be construed to repeal or modify any laws relative to the taking of acknowledgments and the authentication thereof which were in effect in this state at the time of adoption of the Uniform Acknowledgment Act, but that the Uniform Acknowledgment Act shall be deemed to provide an alternative system for taking and authenticating acknowledgments. Acts 1959, No. 127, § 2; A.S.A. 1947, § 49-115.

It is the intent and purpose of this section that all acknowledgments taken subsequent to Acts 1957, No. 411 either in accordance with the Uniform Acknowledgment Act or in accordance with the laws of this state in effect at the time of adoption of the Uniform Acknowledgment Act be cured and validated for all purposes; and that neither Acts 1957, No. 411 nor the Uniform Acknowledgment Act to which it is amendatory shall be construed to repeal or modify any laws relative to the taking of acknowledgments and the authentication thereof which were in effect in this state at the time of adoption of the Uniform Acknowledgment Act, but that the Uniform Acknowledgment Act shall be deemed to provide an alternative system for taking and authenticating acknowledgments.

Acts 1959, No. 127, § 2; A.S.A. 1947, § 49-115.
Ark. Code Ann. § 16-66-410 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-410
Sale of real estate - Division into tracts
Status: in_force

(a) In all sales of real estate, under execution, when the tract or tracts to be sold contain more than forty (40) acres, the real estate shall be divided as the owner or owners may direct into lots containing not more than forty (40) nor less than twenty (20) acres. The officer whose duty it may be to sell the property shall begin at one (1) corner of the real estate, to be designated in the notice published by him advertising the sale, and proceed to sell in the tracts of not more than forty (40) nor less than twenty (20) acres each, of contiguous territory, until the whole of the tract or tracts is disposed of unless the execution is sooner satisfied. (b) In all sales of school lands, those sales shall commence at the northeast corner and shall be made in tracts of not more than forty (40) acres each, so long as there shall be as much as forty (40) acres remaining to be sold. (c) In all cases where the corner at which the sale is to commence has not been designated in accordance with subsection (a) of this section, the officer whose duty it may be to sell the tract or tracts of land shall commence at the northeast corner as required in subsection (b) of this section. (d) The provisions of this section shall not extend to lands sold for taxes. Acts 1868, No. 37, §§ 1-3, 5, p. 122; C. & M. Dig., §§ 4326, 4327; Pope's Dig., §§ 5338, 5339; A.S.A. 1947, §§ 30-421, 30-422, 30-422n., 30-423.

(a) In all sales of real estate, under execution, when the tract or tracts to be sold contain more than forty (40) acres, the real estate shall be divided as the owner or owners may direct into lots containing not more than forty (40) nor less than twenty (20) acres. The officer whose duty it may be to sell the property shall begin at one (1) corner of the real estate, to be designated in the notice published by him advertising the sale, and proceed to sell in the tracts of not more than forty (40) nor less than twenty (20) acres each, of contiguous territory, until the whole of the tract or tracts is disposed of unless the execution is sooner satisfied.

(b) In all sales of school lands, those sales shall commence at the northeast corner and shall be made in tracts of not more than forty (40) acres each, so long as there shall be as much as forty (40) acres remaining to be sold.

(c) In all cases where the corner at which the sale is to commence has not been designated in accordance with subsection (a) of this section, the officer whose duty it may be to sell the tract or tracts of land shall commence at the northeast corner as required in subsection (b) of this section.

(d) The provisions of this section shall not extend to lands sold for taxes.

Acts 1868, No. 37, §§ 1-3, 5, p. 122; C. & M. Dig., §§ 4326, 4327; Pope's Dig., §§ 5338, 5339; A.S.A. 1947, §§ 30-421, 30-422, 30-422n., 30-423.
Ark. Code Ann. § 16-47-101 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-101
Proof or acknowledgment as prerequisite to recording real estate conveyances
Status: in_force

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act, before they or any of them shall be admitted to record. Rev. Stat., ch. 31, § 22; C. & M. Dig., § 1525; Pope's Dig., § 1835; A.S.A. 1947, § 49-211.

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act, before they or any of them shall be admitted to record.

Rev. Stat., ch. 31, § 22; C. & M. Dig., § 1525; Pope's Dig., § 1835; A.S.A. 1947, § 49-211.
Ark. Code Ann. § 16-110-207 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-207
Disposition of attached property
Status: in_force

The county sheriff shall make such disposition of the attached property as may be directed by the court, or judge or clerk thereof. When there is no direction upon the subject, he or she shall safely keep the property subject to the order of the court. Civil Code, § 270; Acts 1877, No. 49, § 5, p. 48; C. & M. Dig., § 560; Pope's Dig., § 597; A.S.A. 1947, § 31-307.

The county sheriff shall make such disposition of the attached property as may be directed by the court, or judge or clerk thereof. When there is no direction upon the subject, he or she shall safely keep the property subject to the order of the court.

Civil Code, § 270; Acts 1877, No. 49, § 5, p. 48; C. & M. Dig., § 560; Pope's Dig., § 597; A.S.A. 1947, § 31-307.
Ark. Code Ann. § 16-17-910 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-910
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 10.

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

Acts 2003, No. 1727, § 10.
Ark. Code Ann. § 16-67-318 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-318
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 877; C. & M. Dig., § 2165; Pope's Dig., § 2771; A.S.A. 1947, § 27-2136.

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

Civil Code, § 877; C. & M. Dig., § 2165; Pope's Dig., § 2771; A.S.A. 1947, § 27-2136.
Ark. Code Ann. § 16-114-210 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-210
Employed medical care provider
Status: in_force

When a medical care provider is a codefendant with a medical care facility in an action for medical injury, and the only reason for naming the facility as a defendant is that the defendant medical care provider practices in the facility, the plaintiff shall have the burden of proving that the defendant medical care provider is the employee of the facility before the facility may be held liable for the medical care provider's negligence, if any is proven. Acts 2003, No. 649, § 22.

When a medical care provider is a codefendant with a medical care facility in an action for medical injury, and the only reason for naming the facility as a defendant is that the defendant medical care provider practices in the facility, the plaintiff shall have the burden of proving that the defendant medical care provider is the employee of the facility before the facility may be held liable for the medical care provider's negligence, if any is proven.

Acts 2003, No. 649, § 22.
Ark. Code Ann. § 16-11-104 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-104
Cases heard en banc
Status: in_force

(a) In all cases where the construction of the Arkansas Constitution is involved, or in a capital criminal case, the cause shall be heard by the court en banc. (b) In each case heard by the court en banc, the concurrence of four (4) judges shall be necessary to a decision. Acts 1925, No. 205, § 2; Pope's Dig., § 2725; A.S.A. 1947, § 22-206.

(a) In all cases where the construction of the Arkansas Constitution is involved, or in a capital criminal case, the cause shall be heard by the court en banc.

(b) In each case heard by the court en banc, the concurrence of four (4) judges shall be necessary to a decision.

Acts 1925, No. 205, § 2; Pope's Dig., § 2725; A.S.A. 1947, § 22-206.
Ark. Code Ann. § 16-19-401 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-401
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1927, No. 60, § 17; Pope's Dig., § 9913; A.S.A. 1947, § 22-724.

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

Acts 1927, No. 60, § 17; Pope's Dig., § 9913; A.S.A. 1947, § 22-724.
Ark. Code Ann. § 16-17-801 — AR Code / Title 16 / Chapter 17 / Subchapter 8 / Section 16-17-801
Notice
Status: in_force

(a) Whenever any person appeals any civil or criminal judgment rendered in any district court of this state and requests a trial de novo in circuit court, no hearing shall be held or trial shall commence in circuit court without ten (10) days' written notice being given either to the parties, to the defendant, or to the attorneys of record, whichever is applicable, by the clerk of the court or by the case coordinator. (b) In the event that the defense requests a continuance because of this section, the time which the trial is delayed is excludable for purposes of speedy trial. Acts 1997, No. 996, § 1.

(a) Whenever any person appeals any civil or criminal judgment rendered in any district court of this state and requests a trial de novo in circuit court, no hearing shall be held or trial shall commence in circuit court without ten (10) days' written notice being given either to the parties, to the defendant, or to the attorneys of record, whichever is applicable, by the clerk of the court or by the case coordinator.

(b) In the event that the defense requests a continuance because of this section, the time which the trial is delayed is excludable for purposes of speedy trial.

Acts 1997, No. 996, § 1.
Ark. Code Ann. § 16-11-204 — AR Code / Title 16 / Chapter 11 / Subchapter 2 / Section 16-11-204
Assistant to Reporter of the Supreme Court
Status: in_force

(a) The Reporter of the Supreme Court is authorized to employ an assistant to aid the Reporter in the preparation of the headnotes for the published decisions of the Supreme Court and the Court of Appeals and in the supervision of the distribution and publication of the decisions of the Supreme Court and the Court of Appeals. (b) No person shall be employed as an assistant by the Reporter in accordance with this section unless he or she is a licensed attorney. (c) The position of assistant to the Reporter shall be state-funded at a salary to be set by the General Assembly. Acts 1981, No. 803, §§ 1-3; A.S.A. 1947, §§ 22-219.1 -- 22-219.3; Acts 2009, No. 221, § 3.

(a) The Reporter of the Supreme Court is authorized to employ an assistant to aid the Reporter in the preparation of the headnotes for the published decisions of the Supreme Court and the Court of Appeals and in the supervision of the distribution and publication of the decisions of the Supreme Court and the Court of Appeals.

(b) No person shall be employed as an assistant by the Reporter in accordance with this section unless he or she is a licensed attorney.

(c) The position of assistant to the Reporter shall be state-funded at a salary to be set by the General Assembly.

Acts 1981, No. 803, §§ 1-3; A.S.A. 1947, §§ 22-219.1 -- 22-219.3; Acts 2009, No. 221, § 3.
Ark. Code Ann. § 16-32-110 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-110
Electronic random selection
Status: in_force

Beginning January 1, 1998, and thereafter, during every step in the procedure for the selection of grand jurors and petit jurors, electronic devices or mechanical devices shall be utilized to assure the random selection of all jury panels. Acts 1997, No. 1021, § 1.

Beginning January 1, 1998, and thereafter, during every step in the procedure for the selection of grand jurors and petit jurors, electronic devices or mechanical devices shall be utilized to assure the random selection of all jury panels.

Acts 1997, No. 1021, § 1.
Ark. Code Ann. § 16-85-509 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-509
Witnesses - Compensation
Status: in_force

(a) It shall be the duty of the foreman of each grand jury in this state to keep an abstract showing the name of each person subpoenaed and appearing as a witness before the grand jury, the number of days attended, and the amount due the person as a witness. The abstract shall be verified by affidavit as provided in this section and may be in the following form: Click here to view form. (b) (1) The foreman of the grand jury shall issue a certificate to each of the witnesses showing the number of days attended and the amount due the witness, in conformity to the abstract. (2) The certificate shall be attested by the clerk of the grand jury. (c) Upon the presentation of the certificate to the clerk of the county court, the county court, upon examination and approval of the certificate, shall make an order allowing the certificate. After the order has been made, it shall be the duty of the clerk of the county court to draw his or her warrant in favor of the holder of the certificate for the amount adjudged to be due thereon and to file the certificate in his or her office. Acts 1889, No. 62, §§ 1, 2, p. 77; C. & M. Dig., §§ 3001-3003; Pope's Dig., §§ 3823-3825; Acts 1961, No. 454, § 1; A.S.A. 1947, §§ 43-924 -- 43-926.

(a) It shall be the duty of the foreman of each grand jury in this state to keep an abstract showing the name of each person subpoenaed and appearing as a witness before the grand jury, the number of days attended, and the amount due the person as a witness. The abstract shall be verified by affidavit as provided in this section and may be in the following form: Click here to view form.

Click here to view form.

(b) (1) The foreman of the grand jury shall issue a certificate to each of the witnesses showing the number of days attended and the amount due the witness, in conformity to the abstract. (2) The certificate shall be attested by the clerk of the grand jury.

(1) The foreman of the grand jury shall issue a certificate to each of the witnesses showing the number of days attended and the amount due the witness, in conformity to the abstract.

(2) The certificate shall be attested by the clerk of the grand jury.

(c) Upon the presentation of the certificate to the clerk of the county court, the county court, upon examination and approval of the certificate, shall make an order allowing the certificate. After the order has been made, it shall be the duty of the clerk of the county court to draw his or her warrant in favor of the holder of the certificate for the amount adjudged to be due thereon and to file the certificate in his or her office.

Acts 1889, No. 62, §§ 1, 2, p. 77; C. & M. Dig., §§ 3001-3003; Pope's Dig., §§ 3823-3825; Acts 1961, No. 454, § 1; A.S.A. 1947, §§ 43-924 -- 43-926.

85_509_1 - Attachment
Ark. Code Ann. § 16-13-2502 — AR Code / Title 16 / Chapter 13 / Subchapter 25 / Section 16-13-2502
Terms of court
Status: in_force

(a) The terms of court in the Twenty-third Judicial District shall commence on the third Monday in February and the first Monday in September. (b) The terms of court in each county in the Seventeenth Judicial District shall commence on the following dates: (1) (A) In the Northern District of Prairie County, on the third Mondays in March and September; (B) In the Southern District of Prairie County, on the first Monday in March and the third Monday in August; and (2) (A) In White County, on the third Monday and the tenth Monday after the third Monday in January and the third Monday and the tenth Monday after the third Monday in July. (B) However, grand and petit juries selected at the January and July terms of the court may serve for a period of six (6) months. Acts 1893, No. 56, § 4, p. 84; 1921, No. 3, § 2; 1943, No. 85, § 1; 1953, No. 318, § 1; 1955, No. 74, § 1; 1967, No. 56, § 1; A.S.A. 1947, § 22-310; Acts 1999, No. 456, § 2.

(a) The terms of court in the Twenty-third Judicial District shall commence on the third Monday in February and the first Monday in September.

(b) The terms of court in each county in the Seventeenth Judicial District shall commence on the following dates: (1) (A) In the Northern District of Prairie County, on the third Mondays in March and September; (B) In the Southern District of Prairie County, on the first Monday in March and the third Monday in August; and (2) (A) In White County, on the third Monday and the tenth Monday after the third Monday in January and the third Monday and the tenth Monday after the third Monday in July. (B) However, grand and petit juries selected at the January and July terms of the court may serve for a period of six (6) months.

(1) (A) In the Northern District of Prairie County, on the third Mondays in March and September; (B) In the Southern District of Prairie County, on the first Monday in March and the third Monday in August; and

(A) In the Northern District of Prairie County, on the third Mondays in March and September;

(B) In the Southern District of Prairie County, on the first Monday in March and the third Monday in August; and

(2) (A) In White County, on the third Monday and the tenth Monday after the third Monday in January and the third Monday and the tenth Monday after the third Monday in July. (B) However, grand and petit juries selected at the January and July terms of the court may serve for a period of six (6) months.

(A) In White County, on the third Monday and the tenth Monday after the third Monday in January and the third Monday and the tenth Monday after the third Monday in July.

(B) However, grand and petit juries selected at the January and July terms of the court may serve for a period of six (6) months.

Acts 1893, No. 56, § 4, p. 84; 1921, No. 3, § 2; 1943, No. 85, § 1; 1953, No. 318, § 1; 1955, No. 74, § 1; 1967, No. 56, § 1; A.S.A. 1947, § 22-310; Acts 1999, No. 456, § 2.
Ark. Code Ann. § 16-97-103 — AR Code / Title 16 / Chapter 97 / Section 16-97-103
Evidence
Status: in_force

Evidence relevant to sentencing by either the court or a jury may include, but is not limited to, the following, provided no evidence shall be construed under this section as overriding the rape shield statute, § 16-42-101 : (1) The law applicable to parole, post-release supervision, meritorious good time, earned release credits, or transfer; (2) Prior convictions of the defendant, both felony and misdemeanor. The jury may be advised as to the nature of the previous convictions, the date and place thereof, the sentence received, and the date of release from confinement or supervision from all prior offenses; (3) Prior judicial determinations of delinquency in a juvenile division of circuit court, subject to the following limitations: (i) That prior delinquency adjudications be subject to a judicial determination that the relevant value of the prior juvenile adjudication outweigh its prejudicial value; (ii) That consideration only be given to juvenile delinquency adjudications for crimes for which the juvenile could have been tried as an adult; and (iii) That in no event shall delinquency adjudications for acts occurring more than ten (10) years prior to the commission of the offense charged be considered; (4) Victim impact evidence or statements; (5) Relevant character evidence; (6) Evidence of aggravating and mitigating circumstances. The criteria for departure from the sentencing standards may serve as examples of this type of evidence; (7) Evidence relevant to guilt presented in the first stage; (8) Evidence held inadmissible in the first stage may be resubmitted for consideration in the second stage if the basis for exclusion did not apply to sentencing; and (9) Rebuttal evidence. Amended by Act 2023, No. 659,§ 234, eff. 1/1/2024. Acts 1993, No. 535, § 2; 1993, No. 551, § 2.

Evidence relevant to sentencing by either the court or a jury may include, but is not limited to, the following, provided no evidence shall be construed under this section as overriding the rape shield statute, § 16-42-101 :

(1) The law applicable to parole, post-release supervision, meritorious good time, earned release credits, or transfer;

(2) Prior convictions of the defendant, both felony and misdemeanor. The jury may be advised as to the nature of the previous convictions, the date and place thereof, the sentence received, and the date of release from confinement or supervision from all prior offenses;

(3) Prior judicial determinations of delinquency in a juvenile division of circuit court, subject to the following limitations: (i) That prior delinquency adjudications be subject to a judicial determination that the relevant value of the prior juvenile adjudication outweigh its prejudicial value; (ii) That consideration only be given to juvenile delinquency adjudications for crimes for which the juvenile could have been tried as an adult; and (iii) That in no event shall delinquency adjudications for acts occurring more than ten (10) years prior to the commission of the offense charged be considered;

(i) That prior delinquency adjudications be subject to a judicial determination that the relevant value of the prior juvenile adjudication outweigh its prejudicial value;

(ii) That consideration only be given to juvenile delinquency adjudications for crimes for which the juvenile could have been tried as an adult; and

(iii) That in no event shall delinquency adjudications for acts occurring more than ten (10) years prior to the commission of the offense charged be considered;

(4) Victim impact evidence or statements;

(5) Relevant character evidence;

(6) Evidence of aggravating and mitigating circumstances. The criteria for departure from the sentencing standards may serve as examples of this type of evidence;

(7) Evidence relevant to guilt presented in the first stage;

(8) Evidence held inadmissible in the first stage may be resubmitted for consideration in the second stage if the basis for exclusion did not apply to sentencing; and

(9) Rebuttal evidence.

Amended by Act 2023, No. 659,§ 234, eff. 1/1/2024.

Acts 1993, No. 535, § 2; 1993, No. 551, § 2.
Ark. Code Ann. § 16-91-115 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-115
Affirmance of death sentence
Status: in_force

When a judgment of death has been affirmed and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance and of the judgment, to the end that a warrant for the execution of the judgment may be issued by the Governor. Crim. Code, § 337; C. & M. Dig., § 3415; Pope's Dig., § 4258; A.S.A. 1947, § 43-2724.

When a judgment of death has been affirmed and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance and of the judgment, to the end that a warrant for the execution of the judgment may be issued by the Governor.

Crim. Code, § 337; C. & M. Dig., § 3415; Pope's Dig., § 4258; A.S.A. 1947, § 43-2724.
Ark. Code Ann. § 16-81-108 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-108
Arrest on certain private property permitted
Status: in_force

State and local police are authorized to enter upon the parking areas of private business establishments and to discover, investigate, and effect the arrest of persons thereon violating any state or local law to the same extent as if the person or persons were upon the public streets or highways. Acts 1969, No. 107, § 1; A.S.A. 1947, § 43-414.1.

State and local police are authorized to enter upon the parking areas of private business establishments and to discover, investigate, and effect the arrest of persons thereon violating any state or local law to the same extent as if the person or persons were upon the public streets or highways.

Acts 1969, No. 107, § 1; A.S.A. 1947, § 43-414.1.
Ark. Code Ann. § 16-17-943 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-943
[Repealed]
Status: repealed

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

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-17-932 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-932
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 12.

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

Acts 2007, No. 663, § 12.
Ark. Code Ann. § 16-67-205 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-205
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Acts 1883, No. 27, § 4, p. 48; C. & M. Dig., § 2290; Pope's Dig., § 2916; A.S.A. 1947, § 27-2004.

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

Acts 1883, No. 27, § 4, p. 48; C. & M. Dig., § 2290; Pope's Dig., § 2916; A.S.A. 1947, § 27-2004.
Ark. Code Ann. § 16-15-110 — AR Code / Title 16 / Chapter 15 / Section 16-15-110
Judge not to be interested party in county contracts, projects, buildings, etc
Status: in_force

It shall be unlawful for any county judge in this state to be either directly or indirectly interested, in his or her own county, in: (1) The building or repairing of any public building or the building or repairing of any public bridge; (2) Any toll bridge or causeway; (3) Any public ferry; (4) The keeping, feeding, or clothing of any pauper or poor or insane person; (5) Any real or personal property, stationery, furniture, wood, or other materials purchased for the use of the county; or (6) Any internal improvement to be paid for, in whole or in part, by the county. Acts 1873, No. 31, § 21, p. 53; C. & M. Dig., § 2277; Pope's Dig., § 2904; A.S.A. 1947, § 22-612.

It shall be unlawful for any county judge in this state to be either directly or indirectly interested, in his or her own county, in:

(1) The building or repairing of any public building or the building or repairing of any public bridge;

(2) Any toll bridge or causeway;

(3) Any public ferry;

(4) The keeping, feeding, or clothing of any pauper or poor or insane person;

(5) Any real or personal property, stationery, furniture, wood, or other materials purchased for the use of the county; or

(6) Any internal improvement to be paid for, in whole or in part, by the county.

Acts 1873, No. 31, § 21, p. 53; C. & M. Dig., § 2277; Pope's Dig., § 2904; A.S.A. 1947, § 22-612.
Ark. Code Ann. § 16-13-3104 — AR Code / Title 16 / Chapter 13 / Subchapter 31 / Section 16-13-3104
Additional circuit-chancery judges
Status: in_force

(a) The chancery judge of the Seventh Judicial District-North is hereby designated as the chancery judge of the Twenty-second Judicial District. (b) At the 1998 general election, the qualified electors of the Twenty-second Judicial District shall elect two (2) circuit-chancery judges to take office on January 1, 1999. (c) At the 1998 general election, the qualified electors of the Seventh Judicial District shall elect two (2) circuit-chancery judges to take office on January 1, 1999. Acts 1997, No. 827, § 4; 1999, No. 7, § 4.

(a) The chancery judge of the Seventh Judicial District-North is hereby designated as the chancery judge of the Twenty-second Judicial District.

(b) At the 1998 general election, the qualified electors of the Twenty-second Judicial District shall elect two (2) circuit-chancery judges to take office on January 1, 1999.

(c) At the 1998 general election, the qualified electors of the Seventh Judicial District shall elect two (2) circuit-chancery judges to take office on January 1, 1999.

Acts 1997, No. 827, § 4; 1999, No. 7, § 4.
Ark. Code Ann. § 16-21-1601 — AR Code / Title 16 / Chapter 21 / Subchapter 16 / Section 16-21-1601
Election
Status: in_force

(a) The qualified electors of the Eleventh Judicial District-East shall elect one (1) prosecuting attorney. (b) The qualified electors of the Eleventh Judicial District-West shall elect one (1) prosecuting attorney. Acts 1977, No. 432, § 1; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365.

(a) The qualified electors of the Eleventh Judicial District-East shall elect one (1) prosecuting attorney.

(b) The qualified electors of the Eleventh Judicial District-West shall elect one (1) prosecuting attorney.

Acts 1977, No. 432, § 1; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-12-103 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-103
Location of court
Status: in_force

The Court of Appeals shall be located in Little Rock and shall have offices as convenient to the State Capitol and the law library in the Justice Building as can be arranged, but the court en banc, or any division thereof, may sit in any county seat for the purpose of hearing argument in cases before it. Acts 1979, No. 208, § 3; A.S.A. 1947, § 22-1203; Acts 1993, No. 1085, § 6; 1995, No. 1323, § 2.

The Court of Appeals shall be located in Little Rock and shall have offices as convenient to the State Capitol and the law library in the Justice Building as can be arranged, but the court en banc, or any division thereof, may sit in any county seat for the purpose of hearing argument in cases before it.

Acts 1979, No. 208, § 3; A.S.A. 1947, § 22-1203; Acts 1993, No. 1085, § 6; 1995, No. 1323, § 2.
Ark. Code Ann. § 16-47-108 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-108
Validation of instruments affecting title to property
Status: in_force

All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual: (1) Because of failure to comply with § 18-12-403 ; or (2) Because the officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; or (3) Because the officer failed or omitted to attach his seal to such certificate; or (4) Because the officer attached to any such certificate a seal not bearing the words and devices required by law; or (5) Because the officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; or (6) Because the notary public failed to state the date of the expiration of his commission on the certificate of acknowledgment, or incorrectly stated it thereon; or (7) Because the officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (8) Because the acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned; shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer. Acts 1955, No. 101, § 1; A.S.A. 1947, § 49-213.

All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual:

(1) Because of failure to comply with § 18-12-403 ; or

(2) Because the officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; or

(3) Because the officer failed or omitted to attach his seal to such certificate; or

(4) Because the officer attached to any such certificate a seal not bearing the words and devices required by law; or

(5) Because the officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; or

(6) Because the notary public failed to state the date of the expiration of his commission on the certificate of acknowledgment, or incorrectly stated it thereon; or

(7) Because the officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or

(8) Because the acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned; shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer.

shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer.

Acts 1955, No. 101, § 1; A.S.A. 1947, § 49-213.
Ark. Code Ann. § 16-108-217 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-217
Witnesses - Subpoenas - Depositions - Discovery
Status: in_force

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action. (b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken. (c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective. (d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this State. (e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this State. (f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this State. (g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this State and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another State upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another State must be served in the manner provided by law for service of subpoenas in a civil action in this State and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this State. Acts 1969, No. 260, § 7; A.S.A. 1947, § 34-517; Acts 2011, No. 695, § 1.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

(b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this State.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this State.

(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this State.

(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this State and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another State upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another State must be served in the manner provided by law for service of subpoenas in a civil action in this State and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this State.

Acts 1969, No. 260, § 7; A.S.A. 1947, § 34-517; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-15-107 — AR Code / Title 16 / Chapter 15 / Section 16-15-107
Approval of bonds in vacation
Status: in_force

The judge of the county court shall have power, in vacation, to approve any bond requiring the approval of the court by law. The bond, so approved by the judge, shall be submitted to the court, at its next regular meeting, for their approval or rejection, and, if rejected, a new bond and surety shall be given. Acts 1873, No. 31, § 29, p. 53; C. & M. Dig., § 2278; Pope's Dig., § 2905; A.S.A. 1947, § 22-611.

The judge of the county court shall have power, in vacation, to approve any bond requiring the approval of the court by law. The bond, so approved by the judge, shall be submitted to the court, at its next regular meeting, for their approval or rejection, and, if rejected, a new bond and surety shall be given.

Acts 1873, No. 31, § 29, p. 53; C. & M. Dig., § 2278; Pope's Dig., § 2905; A.S.A. 1947, § 22-611.
Ark. Code Ann. § 16-17-923 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-923
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 24.

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

Acts 2003, No. 1727, § 24.
Ark. Code Ann. § 16-89-109 — AR Code / Title 16 / Chapter 89 / Section 16-89-109
Oath of jury members
Status: in_force

When a jury of twelve (12) qualified jurors shall have been duly impaneled, they shall be sworn substantially as follows: "You, and each of you, do solemnly swear, that you will well and truly try the case of the State of Arkansas against A. B., and a true verdict render, unless discharged by the court or withdrawn by the parties." Crim. Code, § 219; C. & M. Dig., § 3170; Pope's Dig., § 4006; A.S.A. 1947, § 43-2109.

When a jury of twelve (12) qualified jurors shall have been duly impaneled, they shall be sworn substantially as follows:

"You, and each of you, do solemnly swear, that you will well and truly try the case of the State of Arkansas against A. B., and a true verdict render, unless discharged by the court or withdrawn by the parties."

Crim. Code, § 219; C. & M. Dig., § 3170; Pope's Dig., § 4006; A.S.A. 1947, § 43-2109.
Ark. Code Ann. § 16-67-308 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-308
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Rev. Stat., ch. 117, § 1; C. & M. Dig., § 2132; Pope's Dig., § 2738; A.S.A. 1947, § 27-2105.

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

Rev. Stat., ch. 117, § 1; C. & M. Dig., § 2132; Pope's Dig., § 2738; A.S.A. 1947, § 27-2105.
Ark. Code Ann. § 16-113-304 — AR Code / Title 16 / Chapter 113 / Subchapter 3 / Section 16-113-304
Injunction to stay proceedings on judgment or order brought in court rendering judgment or order - Affidavit
Status: in_force

An injunction to stay proceedings on a judgment or final order of a court shall not be granted in an action brought by the party seeking the injunction in any other court than that in which the judgment or order was rendered or made, nor shall such injunction be granted by any officer unless the party applying therefor makes affidavit that no injunction has been previously granted to stay the proceedings on the judgment or order. Civil Code, § 309; C. & M. Dig., § 5788; Pope's Dig., § 7503; A.S.A. 1947, § 32-108.

An injunction to stay proceedings on a judgment or final order of a court shall not be granted in an action brought by the party seeking the injunction in any other court than that in which the judgment or order was rendered or made, nor shall such injunction be granted by any officer unless the party applying therefor makes affidavit that no injunction has been previously granted to stay the proceedings on the judgment or order.

Civil Code, § 309; C. & M. Dig., § 5788; Pope's Dig., § 7503; A.S.A. 1947, § 32-108.
Ark. Code Ann. § 16-56-130 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-130
Civil actions based on sexual abuse
Status: in_force

(a) Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party. (b) (1) A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts. (2) It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit. (c) For the purposes of this section: (1) "Childhood sexual abuse" means sexual abuse which occurred when the injured person was a minor; (2) "Minor" means a person of less than eighteen (18) years of age; and (3) "Time of discovery" means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse. Acts 1993, No. 370, § 1.

(a) Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.

(b) (1) A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts. (2) It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.

(1) A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts.

(2) It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.

(c) For the purposes of this section: (1) "Childhood sexual abuse" means sexual abuse which occurred when the injured person was a minor; (2) "Minor" means a person of less than eighteen (18) years of age; and (3) "Time of discovery" means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.

(1) "Childhood sexual abuse" means sexual abuse which occurred when the injured person was a minor;

(2) "Minor" means a person of less than eighteen (18) years of age; and

(3) "Time of discovery" means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.

Acts 1993, No. 370, § 1.
Ark. Code Ann. § 16-17-1112 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1112
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 172,§ 1, eff. 2/15/2017. Amended by Act 2015, No. 1081,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1489,§ 1, eff. 8/16/2013. Acts 2011, No. 1219, § 11.

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

Amended by Act 2017, No. 172,§ 1, eff. 2/15/2017.

Amended by Act 2015, No. 1081,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1489,§ 1, eff. 8/16/2013.

Acts 2011, No. 1219, § 11.
Ark. Code Ann. § 16-20-201 — AR Code / Title 16 / Chapter 20 / Subchapter 2 / Section 16-20-201
Bond
Status: in_force

(a) The Clerk of the Supreme Court shall, before he enters on the duties of his office, enter into bond to the state in any sum not less than three thousand dollars ($3,000), with good and sufficient security. The bond shall be approved by the court in term time, or by either of the justices thereof in vacation, conditioned upon the faithful discharge of his office, that he will seasonably record the judgments, decrees, orders, and proceedings of the court, and do and perform all other things that may be required of him by law, and that he, his executors, or administrators will deliver to his successor, safe and undefaced, all books, papers, records, seals, and furniture belonging to his office. The bond shall be filed in the office of the Secretary of State. (b) The Clerk of the Supreme Court shall be liable on his official bond for the acts of his deputies in the discharge of their duties as such. Rev. Stat., ch. 26, § 2; Acts 1895, No. 145, § 6, p. 213; C. & M. Dig., §§ 1351, 1356; Pope's Dig., §§ 1608, 1613; A.S.A. 1947, §§ 23-201, 23-205.

(a) The Clerk of the Supreme Court shall, before he enters on the duties of his office, enter into bond to the state in any sum not less than three thousand dollars ($3,000), with good and sufficient security. The bond shall be approved by the court in term time, or by either of the justices thereof in vacation, conditioned upon the faithful discharge of his office, that he will seasonably record the judgments, decrees, orders, and proceedings of the court, and do and perform all other things that may be required of him by law, and that he, his executors, or administrators will deliver to his successor, safe and undefaced, all books, papers, records, seals, and furniture belonging to his office. The bond shall be filed in the office of the Secretary of State.

(b) The Clerk of the Supreme Court shall be liable on his official bond for the acts of his deputies in the discharge of their duties as such.

Rev. Stat., ch. 26, § 2; Acts 1895, No. 145, § 6, p. 213; C. & M. Dig., §§ 1351, 1356; Pope's Dig., §§ 1608, 1613; A.S.A. 1947, §§ 23-201, 23-205.
Ark. Code Ann. § 16-113-204 — AR Code / Title 16 / Chapter 113 / Subchapter 2 / Section 16-113-204
Order of injunction - Issuance - Service
Status: in_force

(a) The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be dated and signed by the clerk. (b) (1) Where the order of injunction is issued at the commencement of the action, it shall be endorsed upon the summons, and the copy thereof delivered to the county sheriff. (2) Where the order of injunction is issued during the litigation, it shall be delivered to him or her with as many copies thereof as there are parties enjoined. (c) The county sheriff shall forthwith serve the order of injunction by delivering a copy to each party enjoined and make return thereof on the order. Civil Code, § 305; C. & M. Dig., § 5817; Pope's Dig., § 7533; A.S.A. 1947, § 32-211.

(a) The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be dated and signed by the clerk.

(b) (1) Where the order of injunction is issued at the commencement of the action, it shall be endorsed upon the summons, and the copy thereof delivered to the county sheriff. (2) Where the order of injunction is issued during the litigation, it shall be delivered to him or her with as many copies thereof as there are parties enjoined.

(1) Where the order of injunction is issued at the commencement of the action, it shall be endorsed upon the summons, and the copy thereof delivered to the county sheriff.

(2) Where the order of injunction is issued during the litigation, it shall be delivered to him or her with as many copies thereof as there are parties enjoined.

(c) The county sheriff shall forthwith serve the order of injunction by delivering a copy to each party enjoined and make return thereof on the order.

Civil Code, § 305; C. & M. Dig., § 5817; Pope's Dig., § 7533; A.S.A. 1947, § 32-211.
Ark. Code Ann. § 16-62-109 — AR Code / Title 16 / Chapter 62 / Section 16-62-109
Time for revivor - Effect of expiration
Status: in_force

When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor without the consent of both parties, it shall order the action to be stricken from the docket. Civil Code, § 563; C. & M. Dig., § 1067; Pope's Dig., § 1270; A.S.A. 1947, § 27-1018.

When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor without the consent of both parties, it shall order the action to be stricken from the docket.

Civil Code, § 563; C. & M. Dig., § 1067; Pope's Dig., § 1270; A.S.A. 1947, § 27-1018.
Ark. Code Ann. § 16-120-801 — AR Code / Title 16 / Chapter 120 / Subchapter 8 / Section 16-120-801
Donors of firefighting equipment not liable - Exception - Definitions
Status: in_force

(a) As used in this section: (1) "Donor department" means any fire department in Arkansas, including a: (A) Fire department for a suburban improvement district or a subordinate service district of a county; (B) Fire protection district; (C) Municipal fire department; or (D) Volunteer fire department; and (2) "Firefighting equipment" means any personal property owned by a donor department that is used for firefighting services or training, emergency medical services, or rescue services. (b) The provisions of this section shall govern the good faith donations of firefighting equipment that is: (1) Not sold for its full fair market value; (2) Declared surplus equipment as no longer needed for the donor department's use; or (3) Completely depreciated in book value as a property item in the donor department's inventory. (c) All other provisions of law notwithstanding, a good faith donor of firefighting equipment that is serviceable and fit for use at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or redistribution at a nominal cost to other fire departments or is donated directly to another fire department shall not be subject to criminal or civil liability arising from an injury or death due to the condition of the firefighting equipment, except as provided under § 21-9-301 . Acts 2003, No. 1075, § 1.

(a) As used in this section: (1) "Donor department" means any fire department in Arkansas, including a: (A) Fire department for a suburban improvement district or a subordinate service district of a county; (B) Fire protection district; (C) Municipal fire department; or (D) Volunteer fire department; and (2) "Firefighting equipment" means any personal property owned by a donor department that is used for firefighting services or training, emergency medical services, or rescue services.

(1) "Donor department" means any fire department in Arkansas, including a: (A) Fire department for a suburban improvement district or a subordinate service district of a county; (B) Fire protection district; (C) Municipal fire department; or (D) Volunteer fire department; and

(A) Fire department for a suburban improvement district or a subordinate service district of a county;

(B) Fire protection district;

(C) Municipal fire department; or

(D) Volunteer fire department; and

(2) "Firefighting equipment" means any personal property owned by a donor department that is used for firefighting services or training, emergency medical services, or rescue services.

(b) The provisions of this section shall govern the good faith donations of firefighting equipment that is: (1) Not sold for its full fair market value; (2) Declared surplus equipment as no longer needed for the donor department's use; or (3) Completely depreciated in book value as a property item in the donor department's inventory.

(1) Not sold for its full fair market value;

(2) Declared surplus equipment as no longer needed for the donor department's use; or

(3) Completely depreciated in book value as a property item in the donor department's inventory.

(c) All other provisions of law notwithstanding, a good faith donor of firefighting equipment that is serviceable and fit for use at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or redistribution at a nominal cost to other fire departments or is donated directly to another fire department shall not be subject to criminal or civil liability arising from an injury or death due to the condition of the firefighting equipment, except as provided under § 21-9-301 .

Acts 2003, No. 1075, § 1.
Ark. Code Ann. § 16-10-103 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-103
Training and education of court personnel
Status: in_force

(a) The state's responsibility for training and providing additional judicial education to circuit judges, district judges, circuit clerks, district court clerks, case coordinators, court reporters, and all other personnel directly associated with the state's courts shall be administered by the Administrative Office of the Courts. (b) The Administrative Office of the Courts shall have the authority to assess and collect fees for tuition and registration for educational programs it offers. Amended by Act 2021, No. 475,§ 1, eff. 7/28/2021. Acts 1985, No. 334, § 3; A.S.A. 1947, § 22-158; Acts 2001, No. 1314, § 1.

(a) The state's responsibility for training and providing additional judicial education to circuit judges, district judges, circuit clerks, district court clerks, case coordinators, court reporters, and all other personnel directly associated with the state's courts shall be administered by the Administrative Office of the Courts.

(b) The Administrative Office of the Courts shall have the authority to assess and collect fees for tuition and registration for educational programs it offers.

Amended by Act 2021, No. 475,§ 1, eff. 7/28/2021.

Acts 1985, No. 334, § 3; A.S.A. 1947, § 22-158; Acts 2001, No. 1314, § 1.
Ark. Code Ann. § 16-94-228 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-228
Separability
Status: in_force

If any part of this subchapter is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this subchapter. Acts 1935, No. 126, § 28; A.S.A. 1947, § 43-3027n.

If any part of this subchapter is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this subchapter.

Acts 1935, No. 126, § 28; A.S.A. 1947, § 43-3027n.
Ark. Code Ann. § 16-13-705 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-705
Personal checks
Status: in_force

(a) A district court shall and a circuit court may accept personal checks drawn in the favor of a designated official, as provided in § 16-13-709 , in payment of any fine or associated charge assessed by the district court or circuit court if the person issuing the check furnishes satisfactory proof of residence in this state and if the personal check is drawn on a banking institution located in this state. (b) (1) If any personal check offered in payment pursuant to this section is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the court or designated agency, may be imposed to recover processing and collection costs. (2) This charge may be added to, and become part of, any underlying obligation. (c) The acceptance of a personal check pursuant to this section constitutes payment of the obligation owed to the court to the extent of the amount of the check as of the date of acceptance when, but not before, the check is duly paid. Amended by Act 2021, No. 258,§ 2, eff. 7/28/2021. Acts 1995, No. 1262, § 5.

(a) A district court shall and a circuit court may accept personal checks drawn in the favor of a designated official, as provided in § 16-13-709 , in payment of any fine or associated charge assessed by the district court or circuit court if the person issuing the check furnishes satisfactory proof of residence in this state and if the personal check is drawn on a banking institution located in this state.

(b) (1) If any personal check offered in payment pursuant to this section is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the court or designated agency, may be imposed to recover processing and collection costs. (2) This charge may be added to, and become part of, any underlying obligation.

(1) If any personal check offered in payment pursuant to this section is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the court or designated agency, may be imposed to recover processing and collection costs.

(2) This charge may be added to, and become part of, any underlying obligation.

(c) The acceptance of a personal check pursuant to this section constitutes payment of the obligation owed to the court to the extent of the amount of the check as of the date of acceptance when, but not before, the check is duly paid.

Amended by Act 2021, No. 258,§ 2, eff. 7/28/2021.

Acts 1995, No. 1262, § 5.
Ark. Code Ann. § 16-93-713 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-713
Rulemaking authority
Status: in_force

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter. Amended by Act 2023, No. 659,§ 219, eff. 1/1/2024. Added by Act 2015, No. 609,§ 6, eff. 7/22/2015.

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.

Amended by Act 2023, No. 659,§ 219, eff. 1/1/2024.

Added by Act 2015, No. 609,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 16-19-1011 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1011
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 68, 69, p. 430; C. & M. Dig., §§ 6478-6480; Pope's Dig., §§ 8440-8442; Acts 1941, No. 333, § 1; A.S.A. 1947, §§ 26-1121 -- 26-1123.

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

Acts 1873, No. 135, §§ 68, 69, p. 430; C. & M. Dig., §§ 6478-6480; Pope's Dig., §§ 8440-8442; Acts 1941, No. 333, § 1; A.S.A. 1947, §§ 26-1121 -- 26-1123.
Ark. Code Ann. § 16-90-602 — AR Code / Title 16 / Chapter 90 / Subchapter 6 / Section 16-90-602
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 5, eff. 1/1/2014. Acts 1977, No. 637, § 1; A.S.A. 1947, § 43-2831.

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

Acts 1977, No. 637, § 1; A.S.A. 1947, § 43-2831.
Ark. Code Ann. § 16-61-111 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-111
Joint and several obligors
Status: in_force

(a) Joint obligations shall be construed to have the same effect as joint and several obligations, and may be sued on, and recoveries had thereon in like manner. (b) Persons severally liable upon the same contract, including parties to bills of exchange, promissory notes placed upon the footing of bills of exchange, common orders and checks, and sureties on the same or separate instruments, may all, or any of them, or the representatives of those persons who may have died, be included in the same action, at the plaintiff's option. (c) (1) Where two (2) or more persons are jointly bound by contract, the action thereon may be brought against all or any of them, at the plaintiff's option. (2) Where any of the persons so bound are dead, the action may be brought against any or all of the survivors, with the representatives of all or any of the decedents, or against the latter, or any of them. (3) Where all the persons so bound are dead, the action may be brought against the representatives of all or of any of them. (4) An action or judgment against any one (1) or more of several persons jointly bound shall not be a bar to proceedings against the other. (d) No creditor on any joint, or joint and several, obligation shall have more than one (1) satisfaction and costs in one (1) suit. Rev. Stat., ch. 82, §§ 3, 5; Civil Code, §§ 34, 35; C. & M. Dig., §§ 1099, 1100, 6229, 6231; Pope's Dig., §§ 1282, 1284, 1315, 1316; A.S.A. 1947, §§ 27-810 -- 27-813.

(a) Joint obligations shall be construed to have the same effect as joint and several obligations, and may be sued on, and recoveries had thereon in like manner.

(b) Persons severally liable upon the same contract, including parties to bills of exchange, promissory notes placed upon the footing of bills of exchange, common orders and checks, and sureties on the same or separate instruments, may all, or any of them, or the representatives of those persons who may have died, be included in the same action, at the plaintiff's option.

(c) (1) Where two (2) or more persons are jointly bound by contract, the action thereon may be brought against all or any of them, at the plaintiff's option. (2) Where any of the persons so bound are dead, the action may be brought against any or all of the survivors, with the representatives of all or any of the decedents, or against the latter, or any of them. (3) Where all the persons so bound are dead, the action may be brought against the representatives of all or of any of them. (4) An action or judgment against any one (1) or more of several persons jointly bound shall not be a bar to proceedings against the other.

(1) Where two (2) or more persons are jointly bound by contract, the action thereon may be brought against all or any of them, at the plaintiff's option.

(2) Where any of the persons so bound are dead, the action may be brought against any or all of the survivors, with the representatives of all or any of the decedents, or against the latter, or any of them.

(3) Where all the persons so bound are dead, the action may be brought against the representatives of all or of any of them.

(4) An action or judgment against any one (1) or more of several persons jointly bound shall not be a bar to proceedings against the other.

(d) No creditor on any joint, or joint and several, obligation shall have more than one (1) satisfaction and costs in one (1) suit.

Rev. Stat., ch. 82, §§ 3, 5; Civil Code, §§ 34, 35; C. & M. Dig., §§ 1099, 1100, 6229, 6231; Pope's Dig., §§ 1282, 1284, 1315, 1316; A.S.A. 1947, §§ 27-810 -- 27-813.
Ark. Code Ann. § 16-107-306 — AR Code / Title 16 / Chapter 107 / Subchapter 3 / Section 16-107-306
Action against executors and administrators
Status: in_force

Actions for the remedies given by this section and §§ 16-107-303 - 16-107-305 , 21-2-111 , and 21-2-112 , may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates. Rev. Stat., ch. 137, § 18; C. & M. Dig., § 8305; Pope's Dig., § 10882; A.S.A. 1947, § 34-342.

Actions for the remedies given by this section and §§ 16-107-303 - 16-107-305 , 21-2-111 , and 21-2-112 , may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.

Rev. Stat., ch. 137, § 18; C. & M. Dig., § 8305; Pope's Dig., § 10882; A.S.A. 1947, § 34-342.
Ark. Code Ann. § 16-40-105 — AR Code / Title 16 / Chapter 40 / Section 16-40-105
Death presumed after five years' absence
Status: in_force

Any person absenting himself beyond the limits of this state for five (5) years successively shall be presumed to be dead in any case in which his death may come into question, unless proof is made that he was alive within that time. Rev. Stat., ch. 46, § 1; C. & M. Dig., § 4111; Pope's Dig., § 5120; A.S.A. 1947, § 62-1601.

Any person absenting himself beyond the limits of this state for five (5) years successively shall be presumed to be dead in any case in which his death may come into question, unless proof is made that he was alive within that time.

Rev. Stat., ch. 46, § 1; C. & M. Dig., § 4111; Pope's Dig., § 5120; A.S.A. 1947, § 62-1601.
Ark. Code Ann. § 16-82-303 — AR Code / Title 16 / Chapter 82 / Subchapter 3 / Section 16-82-303
Immunity from civil liability
Status: in_force

(a) Any physician or licensed nurse who, pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure, when authorized by a search warrant and requested by a law enforcement officer, performs a search of the body cavity of any person is immune from civil liability of any kind arising from the search except for negligence. (b) Any hospital or clinic where a search pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure, authorized by a search warrant, is performed is immune from civil liability of any kind arising from the search except for negligence. Acts 1977, No. 452, §§ 1, 2; A.S.A. 1947, §§ 43-3401, 43-3402.

(a) Any physician or licensed nurse who, pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure, when authorized by a search warrant and requested by a law enforcement officer, performs a search of the body cavity of any person is immune from civil liability of any kind arising from the search except for negligence.

(b) Any hospital or clinic where a search pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure, authorized by a search warrant, is performed is immune from civil liability of any kind arising from the search except for negligence.

Acts 1977, No. 452, §§ 1, 2; A.S.A. 1947, §§ 43-3401, 43-3402.
Ark. Code Ann. § 16-21-135 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-135
The Thirteenth Judicial District
Status: in_force

The Thirteenth Judicial District shall be a Division A Judicial District. Amended by Act 2019, No. 614,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 814,§ 1, eff. 7/1/2017. Amended by Act 2015, No. 1261,§ 1, eff. 7/1/2015. Acts 1993, No. 1306, § 1; 2009, No. 85, § 1.

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

Amended by Act 2019, No. 614,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 814,§ 1, eff. 7/1/2017.

Amended by Act 2015, No. 1261,§ 1, eff. 7/1/2015.

Acts 1993, No. 1306, § 1; 2009, No. 85, § 1.
Ark. Code Ann. § 16-126-106 — AR Code / Title 16 / Chapter 126 / Section 16-126-106
Immunity from civil liability for social hosts
Status: in_force

In no event will the act of providing alcoholic beverages to a person who can lawfully possess them by a social host, or other person who does not hold an alcoholic beverage vendor's permit, constitute a proximate cause of any personal injuries or property damages which may be subsequently caused by an individual consuming any alcoholic beverages so provided. Acts 1999, No. 1596. § 6.

In no event will the act of providing alcoholic beverages to a person who can lawfully possess them by a social host, or other person who does not hold an alcoholic beverage vendor's permit, constitute a proximate cause of any personal injuries or property damages which may be subsequently caused by an individual consuming any alcoholic beverages so provided.

Acts 1999, No. 1596. § 6.
Ark. Code Ann. § 16-22-401 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-401
Grounds for removal or suspension
Status: in_force

Any attorney who is guilty of any felony or infamous crime, of improperly retaining his client's money, of any malpractice, deceit, or misdemeanor in his professional capacity, is an habitual drunkard, or is guilty of any ungentlemanly conduct in the practice of his profession may be removed or suspended from practice, upon charges exhibited against him, and proceedings thereon had as provided in this subchapter. Rev. Stat., ch. 15, § 12; C. & M. Dig., § 610; Pope's Dig., § 650; A.S.A. 1947, § 25-401.

Any attorney who is guilty of any felony or infamous crime, of improperly retaining his client's money, of any malpractice, deceit, or misdemeanor in his professional capacity, is an habitual drunkard, or is guilty of any ungentlemanly conduct in the practice of his profession may be removed or suspended from practice, upon charges exhibited against him, and proceedings thereon had as provided in this subchapter.

Rev. Stat., ch. 15, § 12; C. & M. Dig., § 610; Pope's Dig., § 650; A.S.A. 1947, § 25-401.
Ark. Code Ann. § 16-88-203 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-203
One change of venue
Status: in_force

Only one (1) change of venue shall be granted in any criminal case or prosecution. Crim. Code, § 433, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3108; Pope's Dig., § 3938; A.S.A. 1947, § 43-1518.

Only one (1) change of venue shall be granted in any criminal case or prosecution.

Crim. Code, § 433, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3108; Pope's Dig., § 3938; A.S.A. 1947, § 43-1518.
Ark. Code Ann. § 16-13-3202 — AR Code / Title 16 / Chapter 13 / Subchapter 32 / Section 16-13-3202
Judges and chancellors in the Eighth Judicial District-North
Status: in_force

(a) The qualified electors of the Eighth Judicial District-North shall elect: (1) One (1) circuit-chancery judge of the First Division; and (2) One (1) circuit-chancery judge of the Second Division. (b) (1) The judge of the First Division of the Eighth Judicial District-North shall sit as the judge of the circuit court, chancery court, and probate court. (2) The judge of the Second Division of the Eighth Judicial District-North shall sit as judge of the circuit court, chancery court, probate court, and the juvenile division of the chancery court. (c) If any additional circuit-chancery judgeship is created, an additional division shall be established, and the judge shall serve as the judge of the additional division. (d) A judge shall be elected, every four (4) years, for each division of the circuit-chancery court of the Eighth Judicial District-North, and candidates for the offices shall designate and qualify as candidates for the particular division of the court to which they seek election. Acts 1997, No. 1270, § 2.

(a) The qualified electors of the Eighth Judicial District-North shall elect: (1) One (1) circuit-chancery judge of the First Division; and (2) One (1) circuit-chancery judge of the Second Division.

(1) One (1) circuit-chancery judge of the First Division; and

(2) One (1) circuit-chancery judge of the Second Division.

(b) (1) The judge of the First Division of the Eighth Judicial District-North shall sit as the judge of the circuit court, chancery court, and probate court. (2) The judge of the Second Division of the Eighth Judicial District-North shall sit as judge of the circuit court, chancery court, probate court, and the juvenile division of the chancery court.

(1) The judge of the First Division of the Eighth Judicial District-North shall sit as the judge of the circuit court, chancery court, and probate court.

(2) The judge of the Second Division of the Eighth Judicial District-North shall sit as judge of the circuit court, chancery court, probate court, and the juvenile division of the chancery court.

(c) If any additional circuit-chancery judgeship is created, an additional division shall be established, and the judge shall serve as the judge of the additional division.

(d) A judge shall be elected, every four (4) years, for each division of the circuit-chancery court of the Eighth Judicial District-North, and candidates for the offices shall designate and qualify as candidates for the particular division of the court to which they seek election.

Acts 1997, No. 1270, § 2.
Ark. Code Ann. § 16-126-104 — AR Code / Title 16 / Chapter 126 / Section 16-126-104
Civil liability for sale of alcohol to clearly intoxicated person
Status: in_force

In cases where it has been proven that an alcoholic beverage retailer knowingly sold alcoholic beverages to a person who was clearly intoxicated at the time of such sale or sold under circumstances where the retailer reasonably should have known the person was clearly intoxicated at the time of the sale, a civil jury may determine whether or not the sale constitutes a proximate cause of any subsequent injury to other persons. For purposes of this section, a person is considered clearly intoxicated when the person is so obviously intoxicated to the extent that, at the time of such sale, he or she presents a clear danger to others. It shall be an affirmative defense to civil liability under this section that an alcoholic beverage retailer had a reasonable belief that the person was not clearly intoxicated at the time of such sale or that the person would not be operating a motor vehicle while in the impaired state. Acts 1999, No. 1596, § 4.

In cases where it has been proven that an alcoholic beverage retailer knowingly sold alcoholic beverages to a person who was clearly intoxicated at the time of such sale or sold under circumstances where the retailer reasonably should have known the person was clearly intoxicated at the time of the sale, a civil jury may determine whether or not the sale constitutes a proximate cause of any subsequent injury to other persons. For purposes of this section, a person is considered clearly intoxicated when the person is so obviously intoxicated to the extent that, at the time of such sale, he or she presents a clear danger to others. It shall be an affirmative defense to civil liability under this section that an alcoholic beverage retailer had a reasonable belief that the person was not clearly intoxicated at the time of such sale or that the person would not be operating a motor vehicle while in the impaired state.

Acts 1999, No. 1596, § 4.
Ark. Code Ann. § 16-93-620 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-620
Parole eligibility procedures - Certain offenses committed on or after April 1, 2015
Status: in_force

(a) An inmate sentenced for one (1) of the following felonies on or after April 1, 2015, is eligible for discretionary transfer to the Division of Community Correction by the Post-Prison Transfer Board after having served one-third (1/3) or one-half (½) of his or her sentence, with credit for meritorious good time, depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½) of the time to which his or her sentence is commuted: (1) Battery in the second degree, § 5-13-202 ; (2) Aggravated assault, § 5-13-204 ; (3) Terroristic threatening, § 5-13-301 ; (4) Domestic battering in the second degree, § 5-26-304 ; or (5) Residential burglary, § 5-39-201 . (b) The transfer of an inmate convicted of an offense listed in this section is not automatic. (c) All other provisions governing the procedures regarding the granting and administration of parole for persons convicted of an offense listed under subsection (a) of this section shall be governed by §§ 16-93-615 - 16-93-617 . Amended by Act 2023, No. 659,§ 195, eff. 1/1/2024. Added by Act 2015, No. 895,§ 26, eff. 4/1/2015.

(a) An inmate sentenced for one (1) of the following felonies on or after April 1, 2015, is eligible for discretionary transfer to the Division of Community Correction by the Post-Prison Transfer Board after having served one-third (1/3) or one-half (½) of his or her sentence, with credit for meritorious good time, depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½) of the time to which his or her sentence is commuted: (1) Battery in the second degree, § 5-13-202 ; (2) Aggravated assault, § 5-13-204 ; (3) Terroristic threatening, § 5-13-301 ; (4) Domestic battering in the second degree, § 5-26-304 ; or (5) Residential burglary, § 5-39-201 .

(1) Battery in the second degree, § 5-13-202 ;

(2) Aggravated assault, § 5-13-204 ;

(3) Terroristic threatening, § 5-13-301 ;

(4) Domestic battering in the second degree, § 5-26-304 ; or

(5) Residential burglary, § 5-39-201 .

(b) The transfer of an inmate convicted of an offense listed in this section is not automatic.

(c) All other provisions governing the procedures regarding the granting and administration of parole for persons convicted of an offense listed under subsection (a) of this section shall be governed by §§ 16-93-615 - 16-93-617 .

Amended by Act 2023, No. 659,§ 195, eff. 1/1/2024.

Added by Act 2015, No. 895,§ 26, eff. 4/1/2015.
Ark. Code Ann. § 16-31-103 — AR Code / Title 16 / Chapter 31 / Section 16-31-103
Exemptions from service - Definition
Status: in_force

(a) As used in this section, "adjournment sine die" means the adjournment of the General Assembly without the establishment of a day certain for reconvening. (b) A person may be excused from serving as a grand or petit juror or a jury commissioner for such period as the court deems necessary or may have his or her service deferred to another specified term of court when the state of his or her health or that of his or her family reasonably requires his or her absence, or when, for any reason, his or her own interests or those of the public will, in the opinion of the court, be materially injured by his or her attendance. (c) If a member of the General Assembly is summoned for service on a petit or grand jury in circuit court within thirty (30) days preceding the convening of the General Assembly or at any time during a regular session, extraordinary session, or fiscal session, he or she is entitled to a deferment of that service until thirty (30) days after adjournment sine die of the General Assembly. (d) A person who is eighty (80) years of age or older may voluntarily exempt himself or herself from or decline to participate in jury service at any time. Amended by Act 2023, No. 177,§ 10, eff. 8/1/2023. Amended by Act 2021, No. 222,§ 2, eff. 7/28/2021. Acts 1969, No. 568, §§ 7, 8; 1971, No. 374, § 1; 1975, No. 650, § 16; 1979, No. 612, § 1; 1981, No. 294, §§ 1, 2; 1985, No. 291, § 1; A.S.A. 1947, §§ 39-107, 39-108, 39-121, 39-122, 72-1147; Acts 1991, No. 379, § 1; 1993, No. 167, § 1.

(a) As used in this section, "adjournment sine die" means the adjournment of the General Assembly without the establishment of a day certain for reconvening.

(b) A person may be excused from serving as a grand or petit juror or a jury commissioner for such period as the court deems necessary or may have his or her service deferred to another specified term of court when the state of his or her health or that of his or her family reasonably requires his or her absence, or when, for any reason, his or her own interests or those of the public will, in the opinion of the court, be materially injured by his or her attendance.

(c) If a member of the General Assembly is summoned for service on a petit or grand jury in circuit court within thirty (30) days preceding the convening of the General Assembly or at any time during a regular session, extraordinary session, or fiscal session, he or she is entitled to a deferment of that service until thirty (30) days after adjournment sine die of the General Assembly.

(d) A person who is eighty (80) years of age or older may voluntarily exempt himself or herself from or decline to participate in jury service at any time.

Amended by Act 2023, No. 177,§ 10, eff. 8/1/2023.

Amended by Act 2021, No. 222,§ 2, eff. 7/28/2021.

Acts 1969, No. 568, §§ 7, 8; 1971, No. 374, § 1; 1975, No. 650, § 16; 1979, No. 612, § 1; 1981, No. 294, §§ 1, 2; 1985, No. 291, § 1; A.S.A. 1947, §§ 39-107, 39-108, 39-121, 39-122, 72-1147; Acts 1991, No. 379, § 1; 1993, No. 167, § 1.
Ark. Code Ann. § 16-13-1204 — AR Code / Title 16 / Chapter 13 / Subchapter 12 / Section 16-13-1204
Secretary-court reporter-case coordinator
Status: in_force

(a) The chancellors, circuit judges, and circuit-chancery judges of the Fourth Judicial District may each employ one (1) secretary-court reporter-case coordinator to perform such duties as may be assigned by the respective judges. (b) The secretaries authorized by this section shall be appointed by the respective judges, shall be sworn officers of the court, and each shall hold office at the discretion of and during the term of the judge who appointed him or her, except that he or she may be dismissed for incompetency, neglect of duty, or misbehavior. Acts 1989, No. 272, §§ 1-3; 1991, No. 975, § 1; 1993, No. 570, § 1; 1995, No. 636, § 1.

(a) The chancellors, circuit judges, and circuit-chancery judges of the Fourth Judicial District may each employ one (1) secretary-court reporter-case coordinator to perform such duties as may be assigned by the respective judges.

(b) The secretaries authorized by this section shall be appointed by the respective judges, shall be sworn officers of the court, and each shall hold office at the discretion of and during the term of the judge who appointed him or her, except that he or she may be dismissed for incompetency, neglect of duty, or misbehavior.

Acts 1989, No. 272, §§ 1-3; 1991, No. 975, § 1; 1993, No. 570, § 1; 1995, No. 636, § 1.
Ark. Code Ann. § 16-89-124 — AR Code / Title 16 / Chapter 89 / Section 16-89-124
Exceptions to decisions of the court
Status: in_force

(a) Upon the trial of criminal or penal prosecutions, either party may except to any decision of the court by which the substantial rights of the party are prejudiced, subject to the restrictions in subsection (b) of this section. (b) The decisions of the court upon challenges to the panel and for cause shall not be subject to exception. (c) The exception shall be shown upon the record by a bill of exceptions prepared, settled, and signed as provided in the Code of Practice in Civil Cases of 1869. Crim. Code, §§ 276-278; C. & M. Dig., §§ 3226-3228; Pope's Dig., §§ 4066-4068; A.S.A. 1947, §§ 43-2128 -- 43-2130.

(a) Upon the trial of criminal or penal prosecutions, either party may except to any decision of the court by which the substantial rights of the party are prejudiced, subject to the restrictions in subsection (b) of this section.

(b) The decisions of the court upon challenges to the panel and for cause shall not be subject to exception.

(c) The exception shall be shown upon the record by a bill of exceptions prepared, settled, and signed as provided in the Code of Practice in Civil Cases of 1869.

Crim. Code, §§ 276-278; C. & M. Dig., §§ 3226-3228; Pope's Dig., §§ 4066-4068; A.S.A. 1947, §§ 43-2128 -- 43-2130.
Ark. Code Ann. § 16-110-204 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-204
Grant of attachments generally
Status: in_force

The attachments in the cases mentioned in §§ 16-110-202 and 16-110-203 may be granted by the court in which the action is brought, by the judge or clerk thereof, or by any judge of the circuit court upon such terms and conditions as to security on the part of the plaintiff for the damages which may be occasioned by them, and with such direction as to the disposition to be made of the attached property, as may be just and proper under the circumstances of each case. Civil Code, § 266; Acts 1871, No. 48, § 1 [266], p. 219; 1877, No. 49, § 1, p. 48; C. & M. Dig., § 556; Pope's Dig., § 593; A.S.A. 1947, § 31-303.

The attachments in the cases mentioned in §§ 16-110-202 and 16-110-203 may be granted by the court in which the action is brought, by the judge or clerk thereof, or by any judge of the circuit court upon such terms and conditions as to security on the part of the plaintiff for the damages which may be occasioned by them, and with such direction as to the disposition to be made of the attached property, as may be just and proper under the circumstances of each case.

Civil Code, § 266; Acts 1871, No. 48, § 1 [266], p. 219; 1877, No. 49, § 1, p. 48; C. & M. Dig., § 556; Pope's Dig., § 593; A.S.A. 1947, § 31-303.
Ark. Code Ann. § 16-7-201 — AR Code / Title 16 / Chapter 7 / Subchapter 2 / Section 16-7-201
Legislative purpose and intent
Status: in_force

It is the intent of the General Assembly to: (1) Encourage and authorize the use of dispute resolution processes throughout this state to resolve disputes, cases, and controversies of all kinds. Such processes include, but are not limited to, negotiation, mediation, conciliation, arbitration, private judging, moderated settlement conferences, mediation-arbitration, fact finding, mini-trials, and summary jury trials; (2) Encourage the development of new and the improvement of existing processes in this state; and (3) Encourage the courts, the officers and employees of the courts of this state, state and local officers, departments, state and local governments and administrative agencies, state and local enforcement officers and agencies, prosecuting authorities and public defenders, and all other state and local officials, agencies, districts, and authorities to become versed in, accept, use, develop, and improve processes appropriate to the fair, just, and efficient resolution of disputes, cases, and controversies of all kinds in this state. Acts 1993, No. 641, § 1.

It is the intent of the General Assembly to:

(1) Encourage and authorize the use of dispute resolution processes throughout this state to resolve disputes, cases, and controversies of all kinds. Such processes include, but are not limited to, negotiation, mediation, conciliation, arbitration, private judging, moderated settlement conferences, mediation-arbitration, fact finding, mini-trials, and summary jury trials;

(2) Encourage the development of new and the improvement of existing processes in this state; and

(3) Encourage the courts, the officers and employees of the courts of this state, state and local officers, departments, state and local governments and administrative agencies, state and local enforcement officers and agencies, prosecuting authorities and public defenders, and all other state and local officials, agencies, districts, and authorities to become versed in, accept, use, develop, and improve processes appropriate to the fair, just, and efficient resolution of disputes, cases, and controversies of all kinds in this state.

Acts 1993, No. 641, § 1.
Ark. Code Ann. § 16-15-108 — AR Code / Title 16 / Chapter 15 / Section 16-15-108
Special judges
Status: in_force

(a) When any county judge of the state shall be physically unable to attend to the business of his or her court to the extent that the business of the county court shall suffer on account of the physical disability, the circuit judge of the district in which the county is located shall have authority to certify to the Governor the physical disability of the county judge. The Governor shall appoint someone to hold the county court until such time as the regular county judge shall be physically able to resume his or her official duties. (b) Every person appointed to serve as special judge of a county court shall be entitled to receive compensation at the rate of forty dollars ($40.00) per day for each day he or she shall sit, to be paid out of the county treasury. Acts 1875, No. 73, § 3, p. 163; 1915, No. 340, § 1; C. & M. Dig., §§ 2276, 8728; Pope's Dig., §§ 2903, 11419; Acts 1975, No. 345, § 1; 1977, No. 765, § 1; A.S.A. 1947, §§ 22-132, 22-613.

(a) When any county judge of the state shall be physically unable to attend to the business of his or her court to the extent that the business of the county court shall suffer on account of the physical disability, the circuit judge of the district in which the county is located shall have authority to certify to the Governor the physical disability of the county judge. The Governor shall appoint someone to hold the county court until such time as the regular county judge shall be physically able to resume his or her official duties.

(b) Every person appointed to serve as special judge of a county court shall be entitled to receive compensation at the rate of forty dollars ($40.00) per day for each day he or she shall sit, to be paid out of the county treasury.

Acts 1875, No. 73, § 3, p. 163; 1915, No. 340, § 1; C. & M. Dig., §§ 2276, 8728; Pope's Dig., §§ 2903, 11419; Acts 1975, No. 345, § 1; 1977, No. 765, § 1; A.S.A. 1947, §§ 22-132, 22-613.
Ark. Code Ann. § 16-21-2101 — AR Code / Title 16 / Chapter 21 / Subchapter 21 / Section 16-21-2101
Expense allowance - Salary of deputy
Status: in_force

(a) The Prosecuting Attorney of the Sixteenth Judicial District may be allowed the expenses of his office, including telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expenses, special services, operation of automobiles, secretarial and clerical expenses, and other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the judicial district, coming within the duties of his office. (b) Subject to approval of the several quorum courts, the expenses shall be borne by the counties comprising the Sixteenth Judicial District, as follows: (1) Independence County ............... forty percent (40%); (2) Cleburne County ............... twenty-seven percent (27%); (3) Stone County ............... eleven percent (11%); (4) Izard County ............... eleven percent (11%); and (5) Fulton County ............... eleven percent (11%). (c) The expenses may be drawn in equal monthly installments or be contingent. (d) The deputy prosecuting attorney for Stone County shall receive an annual salary of not less than twelve thousand dollars ($12,000) nor more than eighteen thousand eight hundred dollars ($18,800), as established by the Quorum Court of Stone County. Acts 1987, No. 1044, §§ 1, 2; 1989, No. 470, § 1.

(a) The Prosecuting Attorney of the Sixteenth Judicial District may be allowed the expenses of his office, including telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expenses, special services, operation of automobiles, secretarial and clerical expenses, and other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office and also including necessary expense in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the judicial district, coming within the duties of his office.

(b) Subject to approval of the several quorum courts, the expenses shall be borne by the counties comprising the Sixteenth Judicial District, as follows: (1) Independence County ............... forty percent (40%); (2) Cleburne County ............... twenty-seven percent (27%); (3) Stone County ............... eleven percent (11%); (4) Izard County ............... eleven percent (11%); and (5) Fulton County ............... eleven percent (11%).

(1) Independence County ............... forty percent (40%);

(2) Cleburne County ............... twenty-seven percent (27%);

(3) Stone County ............... eleven percent (11%);

(4) Izard County ............... eleven percent (11%); and

(5) Fulton County ............... eleven percent (11%).

(c) The expenses may be drawn in equal monthly installments or be contingent.

(d) The deputy prosecuting attorney for Stone County shall receive an annual salary of not less than twelve thousand dollars ($12,000) nor more than eighteen thousand eight hundred dollars ($18,800), as established by the Quorum Court of Stone County.

Acts 1987, No. 1044, §§ 1, 2; 1989, No. 470, § 1.
Ark. Code Ann. § 16-94-222 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-222
Issuance of warrant for fugitives from this state
Status: in_force

Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he or she shall issue a warrant under the seal of this state, to some agent, commanding him or her to receive the person so charged if delivered to him or her and convey him or her to the proper officer of the county in this state in which the offense was committed. Acts 1935, No. 126, § 22; Pope's Dig., § 6102; A.S.A. 1947, § 43-3022.

Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he or she shall issue a warrant under the seal of this state, to some agent, commanding him or her to receive the person so charged if delivered to him or her and convey him or her to the proper officer of the county in this state in which the offense was committed.

Acts 1935, No. 126, § 22; Pope's Dig., § 6102; A.S.A. 1947, § 43-3022.
Ark. Code Ann. § 16-60-107 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-107
Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor - Affidavit of contractor
Status: in_force

(a) A civil action in contract by a resident subcontractor, supplier, or materialman against a prime contractor or subcontractor who is a nonresident of this state or who is a foreign corporation may be brought in the county in which the plaintiff resided at the time the cause of action arose. (b) When a judgment is recovered in a civil action in contract against a nonresident prime contractor or subcontractor, the prevailing party is entitled to an attorney's fee in the amount to which he or she is entitled by contract or, if an amount is not fixed, a reasonable compensation for the services rendered by the attorney on behalf of the prevailing party. (c) The prevailing party in a civil action in contract is also entitled to recover costs and fees paid, as well as interest at the rate of ten percent (10%) on the balance due from the date the prime contractor received his or her final payment. (d) (1) A foreign corporation providing services in this state shall furnish, before receiving payment for its services, or in the case of installment payment, before receiving the last installment, a sworn affidavit to the person or entity employing the foreign corporation stating that all subcontractors have been paid in full. (2) A person signing a sworn affidavit under subdivision (d)(1) of this section when in fact all subcontractors have not been paid in full upon conviction is guilty of a Class D felony. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 94; C. & M. Dig., § 1173; Pope's Dig., § 1395; A.S.A. 1947, § 27-607.

(a) A civil action in contract by a resident subcontractor, supplier, or materialman against a prime contractor or subcontractor who is a nonresident of this state or who is a foreign corporation may be brought in the county in which the plaintiff resided at the time the cause of action arose.

(b) When a judgment is recovered in a civil action in contract against a nonresident prime contractor or subcontractor, the prevailing party is entitled to an attorney's fee in the amount to which he or she is entitled by contract or, if an amount is not fixed, a reasonable compensation for the services rendered by the attorney on behalf of the prevailing party.

(c) The prevailing party in a civil action in contract is also entitled to recover costs and fees paid, as well as interest at the rate of ten percent (10%) on the balance due from the date the prime contractor received his or her final payment.

(d) (1) A foreign corporation providing services in this state shall furnish, before receiving payment for its services, or in the case of installment payment, before receiving the last installment, a sworn affidavit to the person or entity employing the foreign corporation stating that all subcontractors have been paid in full. (2) A person signing a sworn affidavit under subdivision (d)(1) of this section when in fact all subcontractors have not been paid in full upon conviction is guilty of a Class D felony.

(1) A foreign corporation providing services in this state shall furnish, before receiving payment for its services, or in the case of installment payment, before receiving the last installment, a sworn affidavit to the person or entity employing the foreign corporation stating that all subcontractors have been paid in full.

(2) A person signing a sworn affidavit under subdivision (d)(1) of this section when in fact all subcontractors have not been paid in full upon conviction is guilty of a Class D felony.

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

Civil Code, § 94; C. & M. Dig., § 1173; Pope's Dig., § 1395; A.S.A. 1947, § 27-607.
Ark. Code Ann. § 16-94-210 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-210
Accused to be informed of demand - Habeas corpus
Status: in_force

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless he or she has been informed of the demand made for his or her surrender and of the crime with which he or she is charged and that he or she has the right to demand legal counsel; and if the prisoner, his or her friends, or counsel shall state that he or she or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. Acts 1935, No. 126, § 10; Pope's Dig., § 6090; A.S.A. 1947, § 43-3010.

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless he or she has been informed of the demand made for his or her surrender and of the crime with which he or she is charged and that he or she has the right to demand legal counsel; and if the prisoner, his or her friends, or counsel shall state that he or she or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

Acts 1935, No. 126, § 10; Pope's Dig., § 6090; A.S.A. 1947, § 43-3010.
Ark. Code Ann. § 16-84-103 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-103
Qualification of surety
Status: in_force

(a) The surety shall be: (1) A professional bail bondsman acting through a professional bail bond company; or (2) A resident of the state, owner of visible property, over and above that exempt from execution, to the value of the sum in which bail is required, and shall be worth that amount after the payment of the surety's debts and liabilities. (b) (1) (A) (i) The person or persons offered as surety shall be examined on oath in regard to qualifications as surety, and any officer authorized to take bail is authorized to administer the oath, reduce the statements on oath to writing, and require the person or persons offered as surety to sign the statement. (ii) Other proof may also be taken in regard to the sufficiency of the surety. (B) Prior to submission to the court or magistrate, the statement shall also be signed by the sheriff or chief of police in the jurisdiction where the defendant is charged. (2) Proof that the surety is a licensed professional bail bondsman shall be deemed sufficient proof of the sufficiency of the surety, and the surety shall be accepted by all courts in this state or by any individual authorized to take bail under the provisions of § 16-84-102 . (c) No person shall be taken as surety unless the court or magistrate is satisfied, from proof and examination on oath, of the sufficiency of the person according to the requisitions of subsection (b) of this section. (d) Where more than one (1) person is offered as surety, they shall be deemed sufficient if, in the aggregate, they possess the qualifications required. Acts 1989, No. 417, § 5; 1997, No. 973, § 2; 2003, No. 1648, § 1.

(a) The surety shall be: (1) A professional bail bondsman acting through a professional bail bond company; or (2) A resident of the state, owner of visible property, over and above that exempt from execution, to the value of the sum in which bail is required, and shall be worth that amount after the payment of the surety's debts and liabilities.

(1) A professional bail bondsman acting through a professional bail bond company; or

(2) A resident of the state, owner of visible property, over and above that exempt from execution, to the value of the sum in which bail is required, and shall be worth that amount after the payment of the surety's debts and liabilities.

(b) (1) (A) (i) The person or persons offered as surety shall be examined on oath in regard to qualifications as surety, and any officer authorized to take bail is authorized to administer the oath, reduce the statements on oath to writing, and require the person or persons offered as surety to sign the statement. (ii) Other proof may also be taken in regard to the sufficiency of the surety. (B) Prior to submission to the court or magistrate, the statement shall also be signed by the sheriff or chief of police in the jurisdiction where the defendant is charged. (2) Proof that the surety is a licensed professional bail bondsman shall be deemed sufficient proof of the sufficiency of the surety, and the surety shall be accepted by all courts in this state or by any individual authorized to take bail under the provisions of § 16-84-102 .

(1) (A) (i) The person or persons offered as surety shall be examined on oath in regard to qualifications as surety, and any officer authorized to take bail is authorized to administer the oath, reduce the statements on oath to writing, and require the person or persons offered as surety to sign the statement. (ii) Other proof may also be taken in regard to the sufficiency of the surety. (B) Prior to submission to the court or magistrate, the statement shall also be signed by the sheriff or chief of police in the jurisdiction where the defendant is charged.

(A) (i) The person or persons offered as surety shall be examined on oath in regard to qualifications as surety, and any officer authorized to take bail is authorized to administer the oath, reduce the statements on oath to writing, and require the person or persons offered as surety to sign the statement. (ii) Other proof may also be taken in regard to the sufficiency of the surety.

(i) The person or persons offered as surety shall be examined on oath in regard to qualifications as surety, and any officer authorized to take bail is authorized to administer the oath, reduce the statements on oath to writing, and require the person or persons offered as surety to sign the statement.

(ii) Other proof may also be taken in regard to the sufficiency of the surety.

(B) Prior to submission to the court or magistrate, the statement shall also be signed by the sheriff or chief of police in the jurisdiction where the defendant is charged.

(2) Proof that the surety is a licensed professional bail bondsman shall be deemed sufficient proof of the sufficiency of the surety, and the surety shall be accepted by all courts in this state or by any individual authorized to take bail under the provisions of § 16-84-102 .

(c) No person shall be taken as surety unless the court or magistrate is satisfied, from proof and examination on oath, of the sufficiency of the person according to the requisitions of subsection (b) of this section.

(d) Where more than one (1) person is offered as surety, they shall be deemed sufficient if, in the aggregate, they possess the qualifications required.

Acts 1989, No. 417, § 5; 1997, No. 973, § 2; 2003, No. 1648, § 1.
Ark. Code Ann. § 16-43-101 — AR Code / Title 16 / Chapter 43 / Subchapter 1 / Section 16-43-101
Exemption of witnesses from summons when obeying subpoena
Status: in_force

A witness shall not be liable to be sued in a county in which he does not reside by being served with a summons in that county while going, returning, or attending in obedience to a subpoena. Civil Code, § 595; C. & M. Dig., § 4171; Pope's Dig., § 5181; A.S.A. 1947, § 28-521.

A witness shall not be liable to be sued in a county in which he does not reside by being served with a summons in that county while going, returning, or attending in obedience to a subpoena.

Civil Code, § 595; C. & M. Dig., § 4171; Pope's Dig., § 5181; A.S.A. 1947, § 28-521.
Ark. Code Ann. § 16-66-303 — AR Code / Title 16 / Chapter 66 / Subchapter 3 / Section 16-66-303
Stay of execution - Bonds
Status: in_force

(a) The defendants, except in cases otherwise provided for in this subchapter, when there is no execution thereon in the hands of a collecting officer, may stay any judgment or decree for money for six (6) months by giving, before the clerk of the court entering up the judgment or decree, an obligation with good surety, to be approved by the officer, in substance as follows: "This day the defendant, A. B. together with C. D., his or her surety, came before me, a clerk of the circuit court, and undertook that they would satisfy and pay E. F. his or her judgment, including interest (if any) and cost, amounting to ............... dollars, rendered in his or her favor against A. B. by this court, within six (6) months, with legal interest on the whole amount thereof from this date." (b) At any time before a sale of property under the execution, any execution on a judgment or decree which could be stayed before the execution issued may, be stayed for six (6) months by the defendant's giving to the officer acting under the execution an obligation payable to the plaintiff with good security for the amount thereof including interest, cost, and half of the commissions up to that time. The obligation may be in substance as follows: "We, A. B., principal, and E. F., surety, do bind ourselves six (6) months after the date hereof to pay C. D., the plaintiff in execution, the sum of $............... dollars, to bear interest from this date, being the amount of an execution which issued from the office of the clerk of the ...............Circuit Court Clerk on the ............... day of ..............., 20............... in favor of the said C. D. for the sum of $ ............... debt (or damages); $ ............... interest; $ ............... cost of suit; and $ ............... sheriff's half commission, amounting in the whole to the sum of $ ............... aforesaid, against the said A. B., and we, the said A. B. and E. F., surety, have stayed the same. Witness our hands this ............... day of ..............., 20................" Civil Code, §§ 676, 677; Acts 1889, No. 66, §§ 1, 2, p. 82; C. & M. Dig., §§ 4294, 4295; Pope's Dig., §§ 5306, 5307; A.S.A. 1947, §§ 30-301, 30-302.

(a) The defendants, except in cases otherwise provided for in this subchapter, when there is no execution thereon in the hands of a collecting officer, may stay any judgment or decree for money for six (6) months by giving, before the clerk of the court entering up the judgment or decree, an obligation with good surety, to be approved by the officer, in substance as follows: "This day the defendant, A. B. together with C. D., his or her surety, came before me, a clerk of the circuit court, and undertook that they would satisfy and pay E. F. his or her judgment, including interest (if any) and cost, amounting to ............... dollars, rendered in his or her favor against A. B. by this court, within six (6) months, with legal interest on the whole amount thereof from this date."

"This day the defendant, A. B. together with C. D., his or her surety, came before me, a clerk of the circuit court, and undertook that they would satisfy and pay E. F. his or her judgment, including interest (if any) and cost, amounting to ............... dollars, rendered in his or her favor against A. B. by this court, within six (6) months, with legal interest on the whole amount thereof from this date."

(b) At any time before a sale of property under the execution, any execution on a judgment or decree which could be stayed before the execution issued may, be stayed for six (6) months by the defendant's giving to the officer acting under the execution an obligation payable to the plaintiff with good security for the amount thereof including interest, cost, and half of the commissions up to that time. The obligation may be in substance as follows: "We, A. B., principal, and E. F., surety, do bind ourselves six (6) months after the date hereof to pay C. D., the plaintiff in execution, the sum of $............... dollars, to bear interest from this date, being the amount of an execution which issued from the office of the clerk of the ...............Circuit Court Clerk on the ............... day of ..............., 20............... in favor of the said C. D. for the sum of $ ............... debt (or damages); $ ............... interest; $ ............... cost of suit; and $ ............... sheriff's half commission, amounting in the whole to the sum of $ ............... aforesaid, against the said A. B., and we, the said A. B. and E. F., surety, have stayed the same. Witness our hands this ............... day of ..............., 20................"

"We, A. B., principal, and E. F., surety, do bind ourselves six (6) months after the date hereof to pay C. D., the plaintiff in execution, the sum of $............... dollars, to bear interest from this date, being the amount of an execution which issued from the office of the clerk of the ...............Circuit Court Clerk on the ............... day of ..............., 20............... in favor of the said C. D. for the sum of $ ............... debt (or damages); $ ............... interest; $ ............... cost of suit; and $ ............... sheriff's half commission, amounting in the whole to the sum of $ ............... aforesaid, against the said A. B., and we, the said A. B. and E. F., surety, have stayed the same.

Witness our hands this ............... day of ..............., 20................"

Civil Code, §§ 676, 677; Acts 1889, No. 66, §§ 1, 2, p. 82; C. & M. Dig., §§ 4294, 4295; Pope's Dig., §§ 5306, 5307; A.S.A. 1947, §§ 30-301, 30-302.
Ark. Code Ann. § 16-110-137 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-137
Judgment on bond
Status: in_force

(a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by § 16-110-122(a) , then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit. (b) If the defendant shall have given bond for the retention of the property attached, as provided by § 16-110-117(a) , and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached. The court shall, in addition to judgment against the defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case the property shall not be delivered up to the proper officer to be sold, and the officer shall not be able to make the judgment out of the property of the defendant, execution shall then issue against the property of the sureties for so much of the judgment as shall not exceed the value of the property, which execution shall be enforced as in other cases. Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 542, 543; Pope's Dig., §§ 579, 580; A.S.A. 1947, §§ 31-162, 31-163.

(a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by § 16-110-122(a) , then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit.

(b) If the defendant shall have given bond for the retention of the property attached, as provided by § 16-110-117(a) , and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached. The court shall, in addition to judgment against the defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case the property shall not be delivered up to the proper officer to be sold, and the officer shall not be able to make the judgment out of the property of the defendant, execution shall then issue against the property of the sureties for so much of the judgment as shall not exceed the value of the property, which execution shall be enforced as in other cases.

Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 542, 543; Pope's Dig., §§ 579, 580; A.S.A. 1947, §§ 31-162, 31-163.
Ark. Code Ann. § 16-65-105 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-105
Excess of setoff over claim
Status: in_force

(a) If a setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess. (b) If it appears that the defendant is entitled to any other affirmative relief, judgment shall be given therefor. Civil Code, § 419; C. & M. Dig., § 6274; Pope's Dig., § 8230; A.S.A. 1947, § 29-112.

(a) If a setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess.

(b) If it appears that the defendant is entitled to any other affirmative relief, judgment shall be given therefor.

Civil Code, § 419; C. & M. Dig., § 6274; Pope's Dig., § 8230; A.S.A. 1947, § 29-112.
Ark. Code Ann. § 16-22-402 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-402
Venue
Status: in_force

The charges shall be exhibited in the county in which the offense has been committed, or in which the accused may reside. Rev. Stat., ch. 15, § 13; C. & M. Dig., § 611; Pope's Dig., § 651; A.S.A. 1947, § 25-402.

The charges shall be exhibited in the county in which the offense has been committed, or in which the accused may reside.

Rev. Stat., ch. 15, § 13; C. & M. Dig., § 611; Pope's Dig., § 651; A.S.A. 1947, § 25-402.
Ark. Code Ann. § 16-85-517 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-517
Special grand jury
Status: in_force

(a) At any time a grand jury is not in session, the court, in its discretion, by order entered of record, may impanel a special grand jury. (b) When impaneled, the special grand jury shall have all the powers and proceed in all respects as provided by law for the conduct of regular grand juries. Rev. Stat., ch. 45, §§ 71, 72; C. & M. Dig., § 3004; Init. Meas. 1936, No. 3, § 33, Acts 1937, p. 1384; Pope's Dig., § 3826; A.S.A. 1947, § 43-934.

(a) At any time a grand jury is not in session, the court, in its discretion, by order entered of record, may impanel a special grand jury.

(b) When impaneled, the special grand jury shall have all the powers and proceed in all respects as provided by law for the conduct of regular grand juries.

Rev. Stat., ch. 45, §§ 71, 72; C. & M. Dig., § 3004; Init. Meas. 1936, No. 3, § 33, Acts 1937, p. 1384; Pope's Dig., § 3826; A.S.A. 1947, § 43-934.
Ark. Code Ann. § 16-105-402 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-402
Common nuisance declared - Definition
Status: in_force

(a) As used in this section, "owner" means a person in whom is vested the ownership and title of property and who is the owner of record, including without limitation a local, city, state, or federal governmental entity. (b) (1) A store, shop, warehouse, dwelling house, building, boat, airplane, or other property or structure used for the purpose of unlawfully selling, storing, keeping, manufacturing, using, or donating a controlled substance, precursor, or analog under the Uniform Controlled Substances Act, § 5-64-101 et seq., is detrimental to the public morals and is a common nuisance, and a court shall order that the common nuisance be enjoined, abated, and prevented. (2) Costs of enjoinment, abatement, and prevention and damages may be recovered against a person or entity found to be the owner of the common nuisance property. Amended by Act 2015, No. 1099,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1219,§ 1, eff. 8/16/2013. Acts 1989, No. 556, § 1.

(a) As used in this section, "owner" means a person in whom is vested the ownership and title of property and who is the owner of record, including without limitation a local, city, state, or federal governmental entity.

(b) (1) A store, shop, warehouse, dwelling house, building, boat, airplane, or other property or structure used for the purpose of unlawfully selling, storing, keeping, manufacturing, using, or donating a controlled substance, precursor, or analog under the Uniform Controlled Substances Act, § 5-64-101 et seq., is detrimental to the public morals and is a common nuisance, and a court shall order that the common nuisance be enjoined, abated, and prevented. (2) Costs of enjoinment, abatement, and prevention and damages may be recovered against a person or entity found to be the owner of the common nuisance property.

(1) A store, shop, warehouse, dwelling house, building, boat, airplane, or other property or structure used for the purpose of unlawfully selling, storing, keeping, manufacturing, using, or donating a controlled substance, precursor, or analog under the Uniform Controlled Substances Act, § 5-64-101 et seq., is detrimental to the public morals and is a common nuisance, and a court shall order that the common nuisance be enjoined, abated, and prevented.

(2) Costs of enjoinment, abatement, and prevention and damages may be recovered against a person or entity found to be the owner of the common nuisance property.

Amended by Act 2015, No. 1099,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1219,§ 1, eff. 8/16/2013.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-61-108 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 28, eff. 8/16/2013. Civil Code, § 49; C. & M. Dig., § 1114; Pope's Dig., § 1330; A.S.A. 1947, § 27-826.

Repealed by Act 2013, No. 1148,§ 28, eff. 8/16/2013.

Civil Code, § 49; C. & M. Dig., § 1114; Pope's Dig., § 1330; A.S.A. 1947, § 27-826.
Ark. Code Ann. § 16-93-617 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-617
Parole eligibility procedures - Offenses committed after January 1, 1994 - Revocation of transfer
Status: in_force

(a) In the event an offender transferred under this section, §§ 16-93-614 - 16-93-616 , or § 16-93-618 violates the terms or conditions of his or her transfer, a hearing shall follow all applicable legal requirements and shall be subject to any additional policies and rules set by the Post-Prison Transfer Board. (b) (1) In the event an offender transferred under this section and §§ 16-93-614 - 16-93-616 , or § 16-93-618 is found to be or becomes ineligible for transfer into a Division of Community Correction facility, he or she shall be transported to the Division of Correction to serve the remainder of his or her sentence. (2) Notice of the ineligibility and the reasons therefor shall be provided to the offender, and a hearing may be requested before the board if the offender contests the factual basis of the ineligibility. Otherwise, the board may administratively approve the transfer to the Division of Correction. (c) An offender who is judicially transferred to a Division of Community Correction facility and subsequently transferred back to the Division of Correction by the board for disciplinary or administrative reasons may not become eligible for any further transfer under § 16-93-614(c)(2)(E) and (F) . Amended by Act 2023, No. 659,§ 192, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 1311, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 916, eff. 7/1/2019. Acts 2011, No. 570, § 102.

(a) In the event an offender transferred under this section, §§ 16-93-614 - 16-93-616 , or § 16-93-618 violates the terms or conditions of his or her transfer, a hearing shall follow all applicable legal requirements and shall be subject to any additional policies and rules set by the Post-Prison Transfer Board.

(b) (1) In the event an offender transferred under this section and §§ 16-93-614 - 16-93-616 , or § 16-93-618 is found to be or becomes ineligible for transfer into a Division of Community Correction facility, he or she shall be transported to the Division of Correction to serve the remainder of his or her sentence. (2) Notice of the ineligibility and the reasons therefor shall be provided to the offender, and a hearing may be requested before the board if the offender contests the factual basis of the ineligibility. Otherwise, the board may administratively approve the transfer to the Division of Correction.

(1) In the event an offender transferred under this section and §§ 16-93-614 - 16-93-616 , or § 16-93-618 is found to be or becomes ineligible for transfer into a Division of Community Correction facility, he or she shall be transported to the Division of Correction to serve the remainder of his or her sentence.

(2) Notice of the ineligibility and the reasons therefor shall be provided to the offender, and a hearing may be requested before the board if the offender contests the factual basis of the ineligibility. Otherwise, the board may administratively approve the transfer to the Division of Correction.

(c) An offender who is judicially transferred to a Division of Community Correction facility and subsequently transferred back to the Division of Correction by the board for disciplinary or administrative reasons may not become eligible for any further transfer under § 16-93-614(c)(2)(E) and (F) .

Amended by Act 2023, No. 659,§ 192, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 1311, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 916, eff. 7/1/2019.

Acts 2011, No. 570, § 102.
Ark. Code Ann. § 16-55-119 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-119
Computation of time
Status: in_force

Where a certain number of days are required to intervene between two (2) acts, the day of one (1) only of the acts may be counted. Civil Code, § 784; C. & M. Dig., § 9756; Pope's Dig., § 13281; A.S.A. 1947, § 27-130.

Where a certain number of days are required to intervene between two (2) acts, the day of one (1) only of the acts may be counted.

Civil Code, § 784; C. & M. Dig., § 9756; Pope's Dig., § 13281; A.S.A. 1947, § 27-130.
Ark. Code Ann. § 16-94-231 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-231
Effective date
Status: in_force

Whereas, under the present laws there is no effective way whereby the extradition of criminals may be effectively had; and, Whereas, it is necessary for the preservation of the public peace, health and safety for an efficient statute covering the subject of extradition of criminals, an emergency is hereby declared and this subchapter shall take effect and be in force from and after its approval. Acts 1935, No. 126, § 31; A.S.A. 1947, § 43-3028n.

Whereas, under the present laws there is no effective way whereby the extradition of criminals may be effectively had; and,

Whereas, it is necessary for the preservation of the public peace, health and safety for an efficient statute covering the subject of extradition of criminals, an emergency is hereby declared and this subchapter shall take effect and be in force from and after its approval.

Acts 1935, No. 126, § 31; A.S.A. 1947, § 43-3028n.
Ark. Code Ann. § 16-7-202 — AR Code / Title 16 / Chapter 7 / Subchapter 2 / Section 16-7-202
Duty and authority of the courts
Status: in_force

(a) (1) It is the duty of each trial and appellate court of this state and each court is hereby vested with the authority to encourage the settlement of cases and controversies pending before it by suggesting the referral of a case or controversy to an appropriate dispute resolution process agreeable to the parties. (2) On motion of all the parties, the court must make such an order of reference and continue the case or controversy pending the outcome of the selected dispute resolution process. (b) In addition, each circuit and appellate court of this state is vested with the authority to order any civil, juvenile, probate, or domestic relations case or controversy pending before it to mediation. (c) If a case or controversy is ordered to mediation, the parties may: (1) Choose an appropriate mediator from a roster provided by the Arkansas Alternative Dispute Resolution Commission of those mediators who meet the commission's requirement guidelines for that type of case; or (2) Select a mediator not on the commission's roster, if approved by the court. (d) (1) A party may move to dispense with the order to mediate for good cause shown. (2) For purposes of this subsection, "good cause shown" shall include, but not be limited to, a party's inability to pay the costs of mediation. (e) Each court is further granted the discretionary authority to make at the request of a party appropriate orders to confirm and enforce the results produced by the dispute resolution process. Acts 1993, No. 641, § 2; 2003, No. 1179, § 1.

(a) (1) It is the duty of each trial and appellate court of this state and each court is hereby vested with the authority to encourage the settlement of cases and controversies pending before it by suggesting the referral of a case or controversy to an appropriate dispute resolution process agreeable to the parties. (2) On motion of all the parties, the court must make such an order of reference and continue the case or controversy pending the outcome of the selected dispute resolution process.

(1) It is the duty of each trial and appellate court of this state and each court is hereby vested with the authority to encourage the settlement of cases and controversies pending before it by suggesting the referral of a case or controversy to an appropriate dispute resolution process agreeable to the parties.

(2) On motion of all the parties, the court must make such an order of reference and continue the case or controversy pending the outcome of the selected dispute resolution process.

(b) In addition, each circuit and appellate court of this state is vested with the authority to order any civil, juvenile, probate, or domestic relations case or controversy pending before it to mediation.

(c) If a case or controversy is ordered to mediation, the parties may: (1) Choose an appropriate mediator from a roster provided by the Arkansas Alternative Dispute Resolution Commission of those mediators who meet the commission's requirement guidelines for that type of case; or (2) Select a mediator not on the commission's roster, if approved by the court.

(1) Choose an appropriate mediator from a roster provided by the Arkansas Alternative Dispute Resolution Commission of those mediators who meet the commission's requirement guidelines for that type of case; or

(2) Select a mediator not on the commission's roster, if approved by the court.

(d) (1) A party may move to dispense with the order to mediate for good cause shown. (2) For purposes of this subsection, "good cause shown" shall include, but not be limited to, a party's inability to pay the costs of mediation.

(1) A party may move to dispense with the order to mediate for good cause shown.

(2) For purposes of this subsection, "good cause shown" shall include, but not be limited to, a party's inability to pay the costs of mediation.

(e) Each court is further granted the discretionary authority to make at the request of a party appropriate orders to confirm and enforce the results produced by the dispute resolution process.

Acts 1993, No. 641, § 2; 2003, No. 1179, § 1.
Ark. Code Ann. § 16-40-104 — AR Code / Title 16 / Chapter 40 / Section 16-40-104
Judicial knowledge of laws of other states
Status: in_force

The courts of this state shall take judicial knowledge of the laws of other states. Acts 1901, No. 98, § 1, p. 164; C. & M. Dig., § 4110; Pope's Dig., § 5119; A.S.A. 1947, § 28-109.

The courts of this state shall take judicial knowledge of the laws of other states.

Acts 1901, No. 98, § 1, p. 164; C. & M. Dig., § 4110; Pope's Dig., § 5119; A.S.A. 1947, § 28-109.
Ark. Code Ann. § 16-19-704 — AR Code / Title 16 / Chapter 19 / Subchapter 7 / Section 16-19-704
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 39, p. 430; C. & M. Dig., § 6447; Pope's Dig., § 8409; A.S.A. 1947, § 26-805.

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

Acts 1873, No. 135, § 39, p. 430; C. & M. Dig., § 6447; Pope's Dig., § 8409; A.S.A. 1947, § 26-805.
Ark. Code Ann. § 16-19-611 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-611
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 27, 33, p. 430; C. & M. Dig., §§ 6435, 6441; Pope's Dig., §§ 8397, 8403; A.S.A. 1947, §§ 26-612, 26-619.

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

Acts 1873, No. 135, §§ 27, 33, p. 430; C. & M. Dig., §§ 6435, 6441; Pope's Dig., §§ 8397, 8403; A.S.A. 1947, §§ 26-612, 26-619.
Ark. Code Ann. § 16-17-920 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-920
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 20; 2007, No. 663, § 48.

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

Acts 2003, No. 1727, §; 20; 2007, No. 663, § 48.
Ark. Code Ann. § 16-66-101 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-101
Execution issued on final judgment order
Status: in_force

An execution may issue on any final judgment order of a court of record, in personam, for a liquidated sum of money and for interest and costs, or for costs alone. Civil Code, § 672; C. & M. Dig., § 4253; Pope's Dig., § 5265; A.S.A. 1947, § 30-101.

An execution may issue on any final judgment order of a court of record, in personam, for a liquidated sum of money and for interest and costs, or for costs alone.

Civil Code, § 672; C. & M. Dig., § 4253; Pope's Dig., § 5265; A.S.A. 1947, § 30-101.
Ark. Code Ann. § 16-117-301 — AR Code / Title 16 / Chapter 117 / Subchapter 3 / Section 16-117-301
Complaint to be declared insolvent - Appointment of receiver
Status: in_force

Any insolvent debtor may file in the circuit court of the county in which he or she resides a complaint in which one (1) or more of his or her creditors shall be made defendants, asking to be declared an insolvent, and asking for the appointment of a receiver to take charge of his or her property and distribute the property among his or her creditors. Upon the filing of the petition, the court shall appoint a receiver. Acts 1897 (Ex. Sess.) No. 48, § 1, p. 115; C. & M. Dig., § 5885; Pope's Dig., § 7607; A.S.A. 1947, § 36-201; Acts 2003, No. 1185, § 238.

Any insolvent debtor may file in the circuit court of the county in which he or she resides a complaint in which one (1) or more of his or her creditors shall be made defendants, asking to be declared an insolvent, and asking for the appointment of a receiver to take charge of his or her property and distribute the property among his or her creditors. Upon the filing of the petition, the court shall appoint a receiver.

Acts 1897 (Ex. Sess.) No. 48, § 1, p. 115; C. & M. Dig., § 5885; Pope's Dig., § 7607; A.S.A. 1947, § 36-201; Acts 2003, No. 1185, § 238.
Ark. Code Ann. § 16-90-1115 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1115
Duty to provide information or notice
Status: in_force

None of the provisions of this subchapter or §§ 16-21-106 and 16-93-702(b) shall be deemed to relieve any person of the duty of providing information or notices required by any other law. Acts 1997, No. 1262, § 15.

None of the provisions of this subchapter or §§ 16-21-106 and 16-93-702(b) shall be deemed to relieve any person of the duty of providing information or notices required by any other law.

Acts 1997, No. 1262, § 15.
Ark. Code Ann. § 16-13-1102 — AR Code / Title 16 / Chapter 13 / Subchapter 11 / Section 16-13-1102
Terms of court
Status: in_force

The terms of court in each county in the Third Judicial District shall commence on the dates set forth below: (1) Jackson County: On the second Monday after the fourth Monday in August and the second Monday after the third Monday in January; (2) (A) In the Western District of Lawrence County: On the fourth Monday in August and the third Monday in January; (B) In the Eastern District of Lawrence County: On the sixth Monday after the fourth Monday in August and the seventh Monday after the third Monday in January; (3) Randolph County: On the third Mondays in January and July; (4) Sharp County: On the first Monday in January and the second Monday in July. Acts 1891, No. 62, § 3, p. 110; 1893, No. 39, § 4, p. 56; 1895, No. 36, §§ 1, 2, p. 40; 1903, No. 99, § 1, p. 167; 1933, No. 110, § 1; 1971, No. 459, § 1; A.S.A. 1947, § 22-310.

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

(1) Jackson County: On the second Monday after the fourth Monday in August and the second Monday after the third Monday in January;

(2) (A) In the Western District of Lawrence County: On the fourth Monday in August and the third Monday in January; (B) In the Eastern District of Lawrence County: On the sixth Monday after the fourth Monday in August and the seventh Monday after the third Monday in January;

(A) In the Western District of Lawrence County: On the fourth Monday in August and the third Monday in January;

(B) In the Eastern District of Lawrence County: On the sixth Monday after the fourth Monday in August and the seventh Monday after the third Monday in January;

(3) Randolph County: On the third Mondays in January and July;

(4) Sharp County: On the first Monday in January and the second Monday in July.

Acts 1891, No. 62, § 3, p. 110; 1893, No. 39, § 4, p. 56; 1895, No. 36, §§ 1, 2, p. 40; 1903, No. 99, § 1, p. 167; 1933, No. 110, § 1; 1971, No. 459, § 1; A.S.A. 1947, § 22-310.
Ark. Code Ann. § 16-56-110 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-110
Sheriffs', coroners', and constables' bonds
Status: in_force

(a) Actions on the official bonds of sheriffs and coroners shall be commenced within four (4) years after the cause of action shall accrue, and not afterward. (b) A certified copy of the bond shall be evidence in all suits brought on the bond. (c) No suit shall be brought on any bond of a constable after the expiration of four (4) years from its date. Rev. Stat., ch. 29, § 14; Acts 1844, § 1, p. 24; C. & M. Dig., § 6957; Pope's Dig., § 8935; A.S.A. 1947, §§ 37-207, 37-208.

(a) Actions on the official bonds of sheriffs and coroners shall be commenced within four (4) years after the cause of action shall accrue, and not afterward.

(b) A certified copy of the bond shall be evidence in all suits brought on the bond.

(c) No suit shall be brought on any bond of a constable after the expiration of four (4) years from its date.

Rev. Stat., ch. 29, § 14; Acts 1844, § 1, p. 24; C. & M. Dig., § 6957; Pope's Dig., § 8935; A.S.A. 1947, §§ 37-207, 37-208.
Ark. Code Ann. § 16-17-926 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-926
Woodruff County District Court
Status: in_force

(a) (1) Woodruff County shall have one (1) district court with four (4) departments: (A) One (1) located in Augusta; (B) One (1) located in Cotton Plant; (C) One (1) located in McCrory; and (D) One (1) located in Patterson. (2) All four (4) departments are to be served by one (1) judge. (b) The Woodruff County District Court Judge shall be elected countywide. (c) The Woodruff County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2005, No. 72, §; 5.

(a) (1) Woodruff County shall have one (1) district court with four (4) departments: (A) One (1) located in Augusta; (B) One (1) located in Cotton Plant; (C) One (1) located in McCrory; and (D) One (1) located in Patterson. (2) All four (4) departments are to be served by one (1) judge.

(1) Woodruff County shall have one (1) district court with four (4) departments: (A) One (1) located in Augusta; (B) One (1) located in Cotton Plant; (C) One (1) located in McCrory; and (D) One (1) located in Patterson.

(A) One (1) located in Augusta;

(B) One (1) located in Cotton Plant;

(C) One (1) located in McCrory; and

(D) One (1) located in Patterson.

(2) All four (4) departments are to be served by one (1) judge.

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

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

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

Acts 2005, No. 72, §; 5.
Ark. Code Ann. § 16-106-108 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-108
Disposition of state money
Status: in_force

(a) The county sheriff or other officer collecting any money due to the state shall pay the money into the State Treasury and obtain a final discharge therefor. No money due the state shall be paid to the Attorney General or any other attorney or agent employed in the collection of the money, or to any other person, unless otherwise directed by law. (b) The court rendering a judgment in favor of the state shall certify the amount thereof, together with the costs, to the Auditor of State and shall also certify the fees due to officers and to witnesses for attendance on behalf of the state, for which the Auditor of State shall issue his or her warrant on the Treasurer of State to the person entitled. Civil Code, §§ 490, 491; C. & M. Dig., §§ 9306, 9307; Pope's Dig., §§ 11992, 11993; A.S.A. 1947, §§ 34-212, 34-213.

(a) The county sheriff or other officer collecting any money due to the state shall pay the money into the State Treasury and obtain a final discharge therefor. No money due the state shall be paid to the Attorney General or any other attorney or agent employed in the collection of the money, or to any other person, unless otherwise directed by law.

(b) The court rendering a judgment in favor of the state shall certify the amount thereof, together with the costs, to the Auditor of State and shall also certify the fees due to officers and to witnesses for attendance on behalf of the state, for which the Auditor of State shall issue his or her warrant on the Treasurer of State to the person entitled.

Civil Code, §§ 490, 491; C. & M. Dig., §§ 9306, 9307; Pope's Dig., §§ 11992, 11993; A.S.A. 1947, §§ 34-212, 34-213.
Ark. Code Ann. § 16-93-108 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-108
Mental health and substance abuse treatment
Status: in_force

A parolee or probationer who is enrolled in a Medicaid program shall be referred to mental health or substance abuse treatment, or both, when the referral is included as part of a court order, supervision plan, or treatment plan. Added by Act 2015, No. 895,§ 21, eff. 4/1/2015.

A parolee or probationer who is enrolled in a Medicaid program shall be referred to mental health or substance abuse treatment, or both, when the referral is included as part of a court order, supervision plan, or treatment plan.

Added by Act 2015, No. 895,§ 21, eff. 4/1/2015.
Ark. Code Ann. § 16-96-509 — AR Code / Title 16 / Chapter 96 / Subchapter 5 / Section 16-96-509
Judgment for defendant
Status: in_force

If judgment is rendered for the defendant, any money paid into the circuit court which has been collected from the defendant on the original judgment shall be forthwith returned to the defendant. Crim. Code, § 359; C. & M. Dig., § 3389; Pope's Dig., § 4232; A.S.A. 1947, § 44-511.

If judgment is rendered for the defendant, any money paid into the circuit court which has been collected from the defendant on the original judgment shall be forthwith returned to the defendant.

Crim. Code, § 359; C. & M. Dig., § 3389; Pope's Dig., § 4232; A.S.A. 1947, § 44-511.
Ark. Code Ann. § 16-17-102 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-102
Exchange of jurisdictions by district court judges
Status: in_force

(a) District judges may temporarily exchange districts by joint order entered of record in their respective courts. They may hold court for each other for such length of time as may seem practicable and for the best interest of their respective courts. (b) District judges exchanging jurisdictional authority or districts shall have the same power or authority, holding courts for each other, as the district judge for the district in which the court or courts shall be held. (c) No city or county shall be held liable for nor shall incur any expense whatsoever for any special pay or travel costs arising out of any exchange of judicial districts between district judges. Acts 1961, No. 88, §§ 1-3; A.S.A. 1947, §§ 22-748 -- 22-750; Acts 2003, No. 1185, § 103.

(a) District judges may temporarily exchange districts by joint order entered of record in their respective courts. They may hold court for each other for such length of time as may seem practicable and for the best interest of their respective courts.

(b) District judges exchanging jurisdictional authority or districts shall have the same power or authority, holding courts for each other, as the district judge for the district in which the court or courts shall be held.

(c) No city or county shall be held liable for nor shall incur any expense whatsoever for any special pay or travel costs arising out of any exchange of judicial districts between district judges.

Acts 1961, No. 88, §§ 1-3; A.S.A. 1947, §§ 22-748 -- 22-750; Acts 2003, No. 1185, § 103.
Ark. Code Ann. § 16-91-104 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-104
Death of defendant
Status: in_force

No appeals shall be taken after the defendant's death, and, upon his or her death, an appeal taken during his or her life shall abate and shall not be revived. Crim. Code, § 333; C. & M. Dig., § 3392; Pope's Dig., § 4235; A.S.A. 1947, § 43-2707.

No appeals shall be taken after the defendant's death, and, upon his or her death, an appeal taken during his or her life shall abate and shall not be revived.

Crim. Code, § 333; C. & M. Dig., § 3392; Pope's Dig., § 4235; A.S.A. 1947, § 43-2707.
Ark. Code Ann. § 16-90-1418 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1418
Uniform petition and uniform order - Creation
Status: in_force

The Arkansas Crime Information Center shall develop and draft the form to be used for the uniform petition and uniform order under this subchapter. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

The Arkansas Crime Information Center shall develop and draft the form to be used for the uniform petition and uniform order under this subchapter.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-66-201 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-201
Property subject to execution
Status: in_force

The following described property shall be liable to be seized and sold under any execution upon any judgment, order, or decree of a court of record: (1) All goods and chattels not exempted in this subchapter; (2) All improvements on the public lands of the United States; (3) The rights and shares in the stock of any bank, insurance company, or other incorporation; (4) Any current gold or silver coin, which shall be returned as so much money collected, without exposing the current gold or silver coin to sale; (5) Any bill or other evidence of debt issued by any moneyed corporation of this state or any other state, belonging to any person against whom an execution shall be issued, at the time the writ is delivered to the officer to be executed, or at any time thereafter; (6) All real estate, whether patented or not, of which the defendant or any person for his or her use, was seized on the day of rendition of the judgment, order, or decree upon which the execution is issued, or at any time thereafter. Rev. Stat., ch. 60, § 23; C. & M. Dig., § 4270; Pope's Dig., § 5282; A.S.A. 1947, § 30-201; Acts 2003, No. 1185, § 200.

The following described property shall be liable to be seized and sold under any execution upon any judgment, order, or decree of a court of record:

(1) All goods and chattels not exempted in this subchapter;

(2) All improvements on the public lands of the United States;

(3) The rights and shares in the stock of any bank, insurance company, or other incorporation;

(4) Any current gold or silver coin, which shall be returned as so much money collected, without exposing the current gold or silver coin to sale;

(5) Any bill or other evidence of debt issued by any moneyed corporation of this state or any other state, belonging to any person against whom an execution shall be issued, at the time the writ is delivered to the officer to be executed, or at any time thereafter;

(6) All real estate, whether patented or not, of which the defendant or any person for his or her use, was seized on the day of rendition of the judgment, order, or decree upon which the execution is issued, or at any time thereafter.

Rev. Stat., ch. 60, § 23; C. & M. Dig., § 4270; Pope's Dig., § 5282; A.S.A. 1947, § 30-201; Acts 2003, No. 1185, § 200.
Ark. Code Ann. § 16-67-302 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-302
[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. § 16-84-110 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-110
Bail before conviction
Status: in_force

Before conviction, the defendant may be admitted to bail for his or her appearance: (1) Before a judge or magistrate for an examination of the charge, where the offense charged is a misdemeanor; (2) In the court to which he or she is sent for trial; (3) To answer an indictment which has been found against him or her; or (4) In a criminal action. Acts 1989, No. 417, § 5; 2005, No. 1994, § 271.

Before conviction, the defendant may be admitted to bail for his or her appearance:

(1) Before a judge or magistrate for an examination of the charge, where the offense charged is a misdemeanor;

(2) In the court to which he or she is sent for trial;

(3) To answer an indictment which has been found against him or her; or

(4) In a criminal action.

Acts 1989, No. 417, § 5; 2005, No. 1994, § 271.
Ark. Code Ann. § 16-12-106 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-106
Special judges
Status: in_force

(a) The Chief Justice of the Supreme Court may commission special judges pursuant to the Arkansas Constitution, Amendment 80, § 13. (b) Each special judge of the Court of Appeals who is not a retired judge or justice or an active circuit or district judge, appointed under the provisions of subsection (a) of this section, shall receive as full compensation for services rendered the sum of one hundred dollars ($100) for each case in the special justice's or special judge's commission. When the cases are decided, this amount shall be certified by the Clerk of the Supreme Court, after having been approved by the Chief Justice. Acts 1979, No. 208, § 6; 1981, No. 607, § 1; A.S.A. 1947, §§ 22-130, 22-1206; Acts 1991, No. 959, § 2; 2003, No. 1185, § 70.

(a) The Chief Justice of the Supreme Court may commission special judges pursuant to the Arkansas Constitution, Amendment 80, § 13.

(b) Each special judge of the Court of Appeals who is not a retired judge or justice or an active circuit or district judge, appointed under the provisions of subsection (a) of this section, shall receive as full compensation for services rendered the sum of one hundred dollars ($100) for each case in the special justice's or special judge's commission. When the cases are decided, this amount shall be certified by the Clerk of the Supreme Court, after having been approved by the Chief Justice.

Acts 1979, No. 208, § 6; 1981, No. 607, § 1; A.S.A. 1947, §§ 22-130, 22-1206; Acts 1991, No. 959, § 2; 2003, No. 1185, § 70.
Ark. Code Ann. § 16-111-112 — AR Code / Title 16 / Chapter 111 / Section 16-111-112
Construction
Status: in_force

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered. Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017. Acts 1953, No. 274, § 11; A.S.A. 1947, § 34-2511.

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.

Acts 1953, No. 274, § 11; A.S.A. 1947, § 34-2511.
Ark. Code Ann. § 16-22-302 — AR Code / Title 16 / Chapter 22 / Subchapter 3 / Section 16-22-302
Compensation governed by contract
Status: in_force

The compensation of an attorney at law, solicitor, or counselor for his services is governed by agreement, expressed or implied, which is not restrained by law. Acts 1989, No. 293, § 1.

The compensation of an attorney at law, solicitor, or counselor for his services is governed by agreement, expressed or implied, which is not restrained by law.

Acts 1989, No. 293, § 1.
Ark. Code Ann. § 16-10-140 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-140
Accumulation of data concerning sex offenses - Definitions
Status: in_force

(a) As used in this section: (1) "Family or household member" means the same as defined in § 5-26-302 ; and (2) "Sex offense" means the same as defined in § 12-12-903 . (b) (1) Consistent with the rules of the Supreme Court, the Administrative Office of the Courts is encouraged to individually track or design a method to track and accumulate data on the familial or residential status of the victim of a sex offense in relation to the offender. (2) A method designed under subdivision (b)(1) of this section shall: (A) Indicate whether the victim was a family or household member of the offender at the time of the sex offense; and (B) Protect against revealing the identity of the victim, either directly or indirectly. Added by Act 2017, No. 571,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Family or household member" means the same as defined in § 5-26-302 ; and (2) "Sex offense" means the same as defined in § 12-12-903 .

(1) "Family or household member" means the same as defined in § 5-26-302 ; and

(2) "Sex offense" means the same as defined in § 12-12-903 .

(b) (1) Consistent with the rules of the Supreme Court, the Administrative Office of the Courts is encouraged to individually track or design a method to track and accumulate data on the familial or residential status of the victim of a sex offense in relation to the offender. (2) A method designed under subdivision (b)(1) of this section shall: (A) Indicate whether the victim was a family or household member of the offender at the time of the sex offense; and (B) Protect against revealing the identity of the victim, either directly or indirectly.

(1) Consistent with the rules of the Supreme Court, the Administrative Office of the Courts is encouraged to individually track or design a method to track and accumulate data on the familial or residential status of the victim of a sex offense in relation to the offender.

(2) A method designed under subdivision (b)(1) of this section shall: (A) Indicate whether the victim was a family or household member of the offender at the time of the sex offense; and (B) Protect against revealing the identity of the victim, either directly or indirectly.

(A) Indicate whether the victim was a family or household member of the offender at the time of the sex offense; and

(B) Protect against revealing the identity of the victim, either directly or indirectly.

Added by Act 2017, No. 571,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-101-101 — AR Code / Title 16 / Chapter 101 / Section 16-101-101
Specialty court authorized - Program authorized - Evaluation - Restriction on services and treatment
Status: in_force

(a) A circuit court may establish a veterans treatment specialty court program, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14. (b) A veterans treatment specialty court is a specialized court within the existing structure of the court system. (c) The goals of the veterans treatment specialty court program shall be consistent with standards adopted by the United States Department of Justice and the National Association of Drug Court Professionals, as they existed on January 1, 2021. (d) A veterans treatment specialty court program is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 . (e) (1) A veterans treatment specialty court may not order any services, including mental health or substance use disorder treatment under this chapter unless: (A) An administrative and programmatic appropriation has been made for the services; (B) Administrative and programmatic funding is available for the services; and (C) Administrative and programmatic positions have been authorized for the services. (2) If the requirements of subdivision (e)(1) of this section are not met, a veterans treatment specialty court may still order services if the provider waives payment or if the specialty court participant has private insurance that will pay for the services. Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.

(a) A circuit court may establish a veterans treatment specialty court program, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.

(b) A veterans treatment specialty court is a specialized court within the existing structure of the court system.

(c) The goals of the veterans treatment specialty court program shall be consistent with standards adopted by the United States Department of Justice and the National Association of Drug Court Professionals, as they existed on January 1, 2021.

(d) A veterans treatment specialty court program is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 .

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

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

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

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

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

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

Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 16-90-1106 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1106
Prompt return of property
Status: in_force

(a) Any person holding property of a victim shall take reasonable care of the property. (b) The responsible official shall promptly return the property to the victim when it is no longer needed for evidentiary purposes, unless it is contraband or subject to forfeiture. Acts 1997, No. 1262, § 5.

(a) Any person holding property of a victim shall take reasonable care of the property.

(b) The responsible official shall promptly return the property to the victim when it is no longer needed for evidentiary purposes, unless it is contraband or subject to forfeiture.

Acts 1997, No. 1262, § 5.
Ark. Code Ann. § 16-15-106 — AR Code / Title 16 / Chapter 15 / Section 16-15-106
Punishment for contempt
Status: in_force

The county court of each county, for an interruption of its proceedings or any contempt offered it while in session, shall have the power to impose a Class C misdemeanor. Acts 1873, No. 31, § 22, p. 53; C. & M. Dig., § 2284; Pope's Dig., § 2911; A.S.A. 1947, § 22-615; Acts 2005, No. 1994, § 411.

The county court of each county, for an interruption of its proceedings or any contempt offered it while in session, shall have the power to impose a Class C misdemeanor.

Acts 1873, No. 31, § 22, p. 53; C. & M. Dig., § 2284; Pope's Dig., § 2911; A.S.A. 1947, § 22-615; Acts 2005, No. 1994, § 411.
Ark. Code Ann. § 16-56-121 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-121
Prevention of commencement of action - Foreign debtors absconding to this state
Status: in_force

If any debtor shall fraudulently abscond from any other state, territory, or district to this state without the knowledge of his, her, or their creditor, the creditor may commence suit against the absconding debtor within the times in this act, or any other acts of limitations, in force on December 14, 1844, prescribed for limiting the action, after the creditor may become apprised of the residence of the absconding debtor. Acts 1844, § 4, p. 24; C. & M. Dig., § 6963; Pope's Dig., § 8941; A.S.A. 1947, § 37-231.

If any debtor shall fraudulently abscond from any other state, territory, or district to this state without the knowledge of his, her, or their creditor, the creditor may commence suit against the absconding debtor within the times in this act, or any other acts of limitations, in force on December 14, 1844, prescribed for limiting the action, after the creditor may become apprised of the residence of the absconding debtor.

Acts 1844, § 4, p. 24; C. & M. Dig., § 6963; Pope's Dig., § 8941; A.S.A. 1947, § 37-231.
Ark. Code Ann. § 16-84-106 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-106
Attorneys and officers not to be sureties
Status: in_force

No attorney, solicitor, or counselor at law or in equity, clerk, sheriff, chief of police, law enforcement officer, or other person concerned in the execution of any process, shall become a personal guarantor or surety in any criminal proceeding. Acts 1989, No. 417, § 5; 1997, No. 1046, § 1.

No attorney, solicitor, or counselor at law or in equity, clerk, sheriff, chief of police, law enforcement officer, or other person concerned in the execution of any process, shall become a personal guarantor or surety in any criminal proceeding.

Acts 1989, No. 417, § 5; 1997, No. 1046, § 1.
Ark. Code Ann. § 16-115-103 — AR Code / Title 16 / Chapter 115 / Section 16-115-103
Precedence of petitions over other actions
Status: in_force

Petitions for a writ of mandamus or writ of prohibition shall have precedence over all other actions and proceedings and shall be heard and determined summarily. Acts 1939, No. 54, § 4; A.S.A. 1947, § 33-104.

Petitions for a writ of mandamus or writ of prohibition shall have precedence over all other actions and proceedings and shall be heard and determined summarily.

Acts 1939, No. 54, § 4; A.S.A. 1947, § 33-104.
Ark. Code Ann. § 16-60-206 — AR Code / Title 16 / Chapter 60 / Subchapter 2 / Section 16-60-206
Time for trial after change
Status: in_force

In all cases of change of venue, the action shall stand for trial in the court to which the change is made at the first term of the court which commences more than ten (10) days from the filing of the papers of the case in the office of the clerk of such court. Acts 1875, No. 38, § 6, p. 114; C. & M. Dig., § 10344; Pope's Dig., § 14345; A.S.A. 1947, § 27-707.

In all cases of change of venue, the action shall stand for trial in the court to which the change is made at the first term of the court which commences more than ten (10) days from the filing of the papers of the case in the office of the clerk of such court.

Acts 1875, No. 38, § 6, p. 114; C. & M. Dig., § 10344; Pope's Dig., § 14345; A.S.A. 1947, § 27-707.
Ark. Code Ann. § 16-123-306 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-306
Exemptions - Certain sales and rentals
Status: in_force

(a) Sections 16-123-310 and 16-123-312 - 16-123-314 do not apply to a single-family house sold or rented by an owner or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of the living quarters as his or her residence and if: (1) The private individual owner does not own more than three (3) single-family houses at any one (1) time; (2) In the case of the sale of a single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this section shall apply only with respect to one (1) sale within any twenty-four-month period; (3) A bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and (4) (A) The house is sold or rented: (i) Without the services of any real estate broker, agent, or salesperson; and (ii) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 16-123-311 . (B) However, nothing in this subdivision (a)(4) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer the title. (b) For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if: (1) The person, within the preceding twelve (12) months, has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; (2) The person, within the preceding twelve (12) months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families. Acts 2001, No. 1785, § 7.

(a) Sections 16-123-310 and 16-123-312 - 16-123-314 do not apply to a single-family house sold or rented by an owner or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of the living quarters as his or her residence and if: (1) The private individual owner does not own more than three (3) single-family houses at any one (1) time; (2) In the case of the sale of a single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this section shall apply only with respect to one (1) sale within any twenty-four-month period; (3) A bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and (4) (A) The house is sold or rented: (i) Without the services of any real estate broker, agent, or salesperson; and (ii) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 16-123-311 . (B) However, nothing in this subdivision (a)(4) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer the title.

(1) The private individual owner does not own more than three (3) single-family houses at any one (1) time;

(2) In the case of the sale of a single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this section shall apply only with respect to one (1) sale within any twenty-four-month period;

(3) A bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and

(4) (A) The house is sold or rented: (i) Without the services of any real estate broker, agent, or salesperson; and (ii) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 16-123-311 . (B) However, nothing in this subdivision (a)(4) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer the title.

(A) The house is sold or rented: (i) Without the services of any real estate broker, agent, or salesperson; and (ii) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 16-123-311 .

(i) Without the services of any real estate broker, agent, or salesperson; and

(ii) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 16-123-311 .

(B) However, nothing in this subdivision (a)(4) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer the title.

(b) For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if: (1) The person, within the preceding twelve (12) months, has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; (2) The person, within the preceding twelve (12) months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

(1) The person, within the preceding twelve (12) months, has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;

(2) The person, within the preceding twelve (12) months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3) The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

Acts 2001, No. 1785, § 7.
Ark. Code Ann. § 16-117-405 — AR Code / Title 16 / Chapter 117 / Subchapter 4 / Section 16-117-405
Employment of counsel by assignee
Status: in_force

In case any portion of the property involved in the assignment becomes involved in litigation, that fact, when made known to the circuit court by the assignee, shall authorize the circuit court to direct the assignee to employ counsel either to prosecute or defend in the litigation. The circuit court shall stipulate in the order the percentage to be allowed the attorney as the fee for his or her services, which is to be paid out of the estate. Acts 1895, No. 109, § 5, p. 162; C. & M. Dig., § 491; Pope's Dig., § 528; A.S.A. 1947, § 36-306; Acts 2003, No. 1185, § 241.

In case any portion of the property involved in the assignment becomes involved in litigation, that fact, when made known to the circuit court by the assignee, shall authorize the circuit court to direct the assignee to employ counsel either to prosecute or defend in the litigation. The circuit court shall stipulate in the order the percentage to be allowed the attorney as the fee for his or her services, which is to be paid out of the estate.

Acts 1895, No. 109, § 5, p. 162; C. & M. Dig., § 491; Pope's Dig., § 528; A.S.A. 1947, § 36-306; Acts 2003, No. 1185, § 241.