reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 44 - DEPOSITIONS (§§ 16-44-101 — 16-44-203) › Subchapter 2 - CRIMINAL PROCEEDINGS (§§ 16-44-201 — 16-44-203) › Section 16-44-202 - Deposing witnesses upon showing of inability to attend trial - Use of depositions

(a)
If it appears that a prospective witness may be unable to attend or be prevented from attending a trial or hearing, that his or her testimony is material, and that it is necessary to take his or her deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment or information may order, upon motion of either party and notice to the parties, that his or her testimony be taken by deposition and that any designated books, papers, documents, or tangible objects not privileged be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his or her deposition be taken. After the deposition has been subscribed, the court may discharge the witness.
(b)
If a defendant is without counsel, the court shall advise him or her of the right provided for in subsection (a) of this section and assign counsel to represent him or her unless the defendant elects to proceed without counsel or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of travel and subsistence of the defendant's attorney for attendance at the examination shall be paid by the state.
(c)
A deposition shall be taken in the manner provided in civil actions. The court at the request of either party may direct that a deposition be taken on written interrogatories in the manner provided in civil actions.
(d)
At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:
(1)
That the witness is dead;
(2)
That the witness is out of the State of Arkansas unless it appears that the absence of the witness was procured by the party offering the deposition;
(3)
That the witness is unable to attend or testify because of sickness or infirmity; or
(4)
That the party offering the deposition has been unable to procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him or her to offer all of it which is relevant to the part offered and any party may offer other parts.
(e)
Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.
(f)
This section shall be applicable to city, district, and circuit courts of this state.
Acts 1971, No. 381, §§ 1, 4; 1979, No. 1022, § 2; A.S.A. 1947, §§ 43-2011.1, 43-2011.4; Acts 2003, No. 1185, §§ 184, 185.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 44 - DEPOSITIONS (§§ 16-44-101 — 16-44-203) › Subchapter 2 - CRIMINAL PROCEEDINGS (§§ 16-44-201 — 16-44-203) › Section 16-44-203 - Videotaped deposition of alleged victim under 17 years of age in sexual offense prosecution

(a)
As used in this section, the term "videotaped deposition" means the visual recording on a magnetic tape, together with the associated sound, of a witness testifying under oath in the course of a judicial proceeding, upon oral examination and where an opportunity is given for cross-examination in the presence of the defendant and intended to be played back upon the trial of the action in court.
(b)
In any prosecution for a sexual offense or criminal attempt to commit a sexual offense against a minor, upon motion of the prosecuting attorney and after notice to the opposing counsel, the court may, for good cause shown, order the taking of a videotaped deposition of any alleged victim under the age of seventeen (17) years. The videotaped deposition shall be taken before the judge in chambers in the presence of the prosecuting attorney, the defendant, and the defendant's attorneys. Examination and cross-examination of the alleged victim shall proceed at the taking of the videotaped deposition in the same manner as permitted at trial under the provisions of the Arkansas Uniform Rules of Evidence.
(c)
Any videotaped deposition taken under the provisions of this section shall be admissible at trial and received into evidence in lieu of the direct testimony of the alleged victim. However, neither the presentation nor the preparation of such videotaped deposition shall preclude the prosecutor's calling the alleged victim to testify at trial if that is necessary to serve the interests of justice.
(d)
Videotapes which are a part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the alleged victim.
Acts 1981, No. 368, §§ 1-3; 1983, No. 407, § 1; A.S.A. 1947, §§ 43-2035 -- 43-2037.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 45 - AFFIDAVITS (§§ 16-45-101 — 16-45-105) › Section 16-45-101 - Use of affidavits

An affidavit may be read to verify a pleading; to prove the service of a summons, notice, or other process in an action; to obtain a provisional remedy, a stay of proceedings, or a warning order, upon a motion; and in any other case permitted by law.
Civil Code, § 600; C. & M. Dig., § 4199; Pope's Dig., § 5210; A.S.A. 1947, § 28-201.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 45 - AFFIDAVITS (§§ 16-45-101 — 16-45-105) › Section 16-45-102 - Officials before whom affidavits may be made

(a)
An affidavit may be made in this state before a judge of the court, justice of the peace, notary public, clerk of a court, or mayor of a city or incorporated town.
(b)
An affidavit may be made out of this state before a commissioner appointed by the Governor of this state to take depositions, or before a judge of a court, mayor of a city, notary public, or justice of the peace, whose certificate shall be proof of the time and manner of its being made.
Civil Code, §§ 602, 603; Acts 1895, No. 83, § 2, p. 111; C. & M. Dig., §§ 4202, 4203; Pope's Dig., §§ 5213, 5214; A.S.A. 1947, §§ 28-204, 28-205.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 45 - AFFIDAVITS (§§ 16-45-101 — 16-45-105) › Section 16-45-103 - Signature of affiant - Certificate of officer

Every affidavit shall be subscribed by the affiant. The certificate of the officer before whom the affidavit is made shall be written separately following the signature of the affiant.
Civil Code, § 605; C. & M. Dig., § 4204; Pope's Dig., § 5215; A.S.A. 1947, § 28-206.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 45 - AFFIDAVITS (§§ 16-45-101 — 16-45-105) › Section 16-45-104 - Affidavit as to correctness of account

(a)
(1)
In a suit on an account, including without limitation a credit card account or other revolving credit account, in a court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is sufficient to establish the account.
(2)
However, if the defendant denies under oath the correctness of the account, the plaintiff is held to prove by other evidence the part of the account in dispute.
(b)
An affidavit of account under subsection (a) of this section shall be attached to the complaint and shall contain:
(1)
The name of:
(A)
The creditor to whom the account is owed;
(B)
The creditor pursuing collection of the account; and
(C)
The debtor obligated to pay the account;
(2)
(A)
A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor.
(B)
If the account has been assigned, the affidavit shall state the name of the original creditor;
(3)
A statement of the affiant's authority to execute the affidavit on behalf of the creditor, including the affiant's job title or relationship to the creditor;
(4)
A statement that the affiant is familiar with the books and records of the creditor and the account;
(5)
A statement that the information and amount stated in the affidavit is true and correct to the best of affiant's knowledge, information, and belief;
(6)
The interest rate and the source of the interest rate; and
(7)
The total amount due, including interest, at the time the affidavit is executed.
Acts 1867, No. 102, § 1, p. 210; C. & M. Dig., § 4200; Pope's Dig., § 5211; A.S.A. 1947, § 28-202; Acts 2011, No. 992, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 45 - AFFIDAVITS (§§ 16-45-101 — 16-45-105) › Section 16-45-105 - Production of affiant for cross-examination upon motion to discharge provisional remedy

Where a provisional remedy is granted upon an affidavit and a motion is made to discharge or vacate the remedy, either before or after pleading to the cause, the party against whom the remedy is granted may, by written notice to the party by whom it was obtained or by an order or rule of the court, require the production of the person who made the affidavit for cross-examination. Thereupon, the party notified shall produce the affiant within ten (10) days before an officer authorized to take depositions, at a time and place of which he shall give the adverse party three (3) days' notice. If the affiant is not produced, his affidavit shall be suppressed. If the affiant is produced, he may be examined by either party. If on cross-examination the affidavit shall be shown to be false, then the provisional remedy shall be discharged.
Civil Code, § 601; Acts 1895, No. 83, § 1, p. 111; C. & M. Dig., § 4201; Pope's Dig., § 5212; A.S.A. 1947, § 28-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-46-101 — 16-46-109) › Section 16-46-101 - Recordation of certain certified copies - Photographic copies of business and public records

(a)
(1)
The clerk of any court of record may record any certified copy of any instrument by attaching the certified copy to his or her record book so as to make the copy be and become a part of the record to the extent that the copy cannot be detached, and the copy shall be legally recorded when the attachment has been made by the clerk. This subdivision (a)(1) shall apply to plats, blueprints, and photostatic copies only.
(2)
(A)
The county recorders, municipal clerks and recorders, clerks of courts of record, and any public officers whose duty it is to make public records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, optical disc, or other process which accurately reproduces or forms a durable medium for reproducing the original when provided with equipment necessary for such method of recording.
(B)
When any document is recorded by the means prescribed by subdivision (a)(2)(A) of this section, the original may be destroyed unless the document is over fifty (50) years old and handwritten or its preservation is otherwise required by law.
(b)
(1)
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law.
(2)
The reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not.
(3)
An enlargement or facsimile of the reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court.
(4)
The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.
Acts 1929, No. 189, § 5; Pope's Dig., § 5669; 1953, No. 64, § 1; 1963, No. 235, § 1; A.S.A. 1947, §§ 16-117, 28-932; Acts 1993, No. 1150, § 1; 1995, No. 454, § 1; 1995, No. 566, § 1; 1997, No. 636, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-46-101 — 16-46-109) › Section 16-46-102 - Writing filed with pleading read as genuine unless denied

Where a writing purporting to have been executed by one (1) of the parties is referred to in and filed with a pleading, it may be read as genuine against that party unless he denies its genuineness by affidavit before the trial is begun.
Civil Code, § 580; C. & M. Dig., § 4114; Pope's Dig., § 5123; A.S.A. 1947, § 28-927.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-46-101 — 16-46-109) › Section 16-46-103 - Surveys

No survey made by any person except the county surveyor or his deputy shall be considered as legal evidence in any court of law or equity within this state unless the surveys are made under authority of the United States or by the mutual consent of the parties.
Rev. Stat., ch. 40, § 18; C. & M. Dig., § 1901; Pope's Dig., § 2418; A.S.A. 1947, § 28-918.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-46-101 — 16-46-109) › Section 16-46-104 - Investigations of attendance at places of public amusement

(a)
No person employed as a private or confidential investigator shall undertake to determine the attendance or number of paid admissions at a public place of amusement and entertainment without first displaying to the owner or manager of such place his license or credentials as such investigator and receiving acknowledgment thereof in writing and filing a written and signed copy of such investigation and attendance record with the owner or manager immediately after the showing so checked and receiving acknowledgment thereof in writing.
(b)
No evidence or testimony of any such investigator as to such admissions shall be admitted in any court in this state unless compliance with subsection (a) of this section is shown.
(c)
Blind checking, also known as spot or random checking, of those attending public places of amusement and entertainment is declared to be against the public policy of the State of Arkansas, and any data, figures, or statistics compiled as a result of blind checking shall not be admitted as evidence in any case at law or equity.
Acts 1957, No. 294, §§ 1-3; A.S.A. 1947, §§ 28-714, 28-715.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-46-101 — 16-46-109) › Section 16-46-107 - Identification of medical bills at trial

(a)
Upon the trial of any civil case involving injury, disease, or disability, the patient, a member of his family, or any other person responsible for the care of the patient shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills, and similar bills for expenses incurred in the treatment of the patient upon a showing by the witness that such bills were received from a licensed practicing physician, hospital, ambulance service, pharmacy, drug store, or supplier of therapeutic or orthopedic devices, and that such expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial.
(b)
Such items of evidence need not be identified by the person who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary.
Acts 1993, No. 424, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-46-101 — 16-46-109) › Section 16-46-109 - Proceedings, minutes, records, or reports confidential

(a)
(1)
The proceedings, minutes, records, or reports of the quality assurance committee having the responsibility for reviewing and evaluating the quality of medical, nursing, or other care delivered in a long-term care facility, or of professional consultants engaged by long-term care facilities to study quality-of-care issues identified by the committee, and any other records, other than those records described in subsection (c) of this section, compiled or accumulated by the staff of a facility in connection with the review or evaluation, together with all communications or reports originating in the committee are:
(A)
Exempt from discovery and disclosure to the same extent that proceedings, minutes, records, or reports of committees evaluating quality of medical or hospital care are exempt under §
16-46-105(a)(1)
;
(B)
Not admissible in any legal proceeding; and
(C)
Absolutely privileged communication.
(2)
Testimony as to events occurring during the activities of the committee is:
(A)
Exempt from discovery and disclosure to the same extent that testimony before committees evaluating quality of medical or hospital care are exempt under §
16-46-105(a)(2)
; and
(B)
Not admissible as evidence in any legal proceeding.
(b)
This section does not prevent disclosure of the data mentioned in subsection (a) of this section to an appropriate state or federal regulatory agency that by statute, rule, or regulation is entitled to access to the data.
(c)
(1)
This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records:
(A)
Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the committee;
(B)
Records or reports otherwise available from original sources, including without limitation the medical record of specific residents;
(C)
Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the committee;
(D)
Incident and accident reports;
(E)
The long-term care facility's operating budgets; or
(F)
Records of the committee's meeting dates.
(2)
Without waiving any privilege, appointments to the committee are available to the Medicaid Fraud Control Unit of the Attorney General.
Amended by Act 2019, No. 315,§ 1300, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1299, eff. 7/24/2019.
Acts 2009, No. 198, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-201 - [Repealed]

Repealed by Act 2013, No. 1148,§ 9, eff. 8/16/2013.
Rev. Stat., ch. 59, § 1; C. & M. Dig., § 4115; Pope's Dig., § 5124; A.S.A. 1947, § 28-901.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-202 - [Repealed]

Repealed by Act 2013, No. 1148,§ 10, eff. 8/16/2013.
Rev. Stat., ch. 59, §§ 2, 3; C. & M. Dig., §§ 4116, 4117; Pope's Dig., §§ 5125, 5126; A.S.A. 1947, §§ 28-902, 28-903.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-203 - [Repealed]

Repealed by Act 2013, No. 1148,§ 11, eff. 8/16/2013.
Rev. Stat., ch. 59, § 10; C. & M. Dig., § 4129; Pope's Dig., § 5138; A.S.A. 1947, § 28-904.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-205 - [Repealed]

Repealed by Act 2013, No. 1148,§ 12, eff. 8/16/2013.
Rev. Stat., ch. 18, § 6; Acts 1853, § 2, p. 199; Civil Code, § 487; C. & M. Dig., §§ 4122, 4123, 4128; Pope's Dig., §§ 5131, 5132, 5137; A.S.A. 1947, §§ 28-908 -- 28-910.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-206 - [Repealed]

Repealed by Act 2013, No. 1148,§ 13, eff. 8/16/2013.
Rev. Stat., ch. 59, §§ 11, 13; C. & M. Dig., §§ 4130, 4132; Pope's Dig., §§ 5139, 5141; A.S.A. 1947, §§ 28-912, 28-913.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-207 - [Repealed]

Repealed by Act 2013, No. 1148,§ 14, eff. 8/16/2013.
Rev. Stat., ch. 59, § 12; C. & M. Dig., § 4131; Pope's Dig., § 5140; A.S.A. 1947, § 28-914.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-208 - [Repealed]

Repealed by Act 2013, No. 1148,§ 15, eff. 8/16/2013.
Rev. Stat., ch. 59, § 14; C. & M. Dig., § 4133; Pope's Dig., § 5142; A.S.A. 1947, § 28-915.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-209 - [Repealed]

Repealed by Act 2013, No. 1148,§ 16, eff. 8/16/2013.
Rev. Stat., ch. 59, § 6; C. & M. Dig., § 4120; Pope's Dig., § 5129; A.S.A. 1947, § 28-916.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-210 - [Repealed]

Repealed by Act 2013, No. 1148,§ 17, eff. 8/16/2013.
Acts 1853, § 24, p. 161; C. & M. Dig., § 4127; Pope's Dig., § 5136; A.S.A. 1947, § 28-917.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-211 - Notary's protest

(a)
The protest made by a notary public under his hand and seal of office shall be evidence of the facts contained in the protest.
(b)
The certificate of a notary public, under his hand and seal of office, that he forwarded notice of protest shall be prima facie evidence of the fact stated in the certificate.
Rev. Stat., ch. 20, § 11; Acts 1859, No. 234, § 1, p. 300; C. & M. Dig., §§ 4125, 4126; Pope's Dig., §§ 5134, 5135; A.S.A. 1947, §§ 28-922, 28-923.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-212 - [Repealed]

Repealed by Act 2013, No. 1148,§ 18, eff. 8/16/2013.
Acts 1949, No. 293, § 4; A.S.A. 1947, § 28-931.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 2 - PUBLIC RECORDS AS EVIDENCE GENERALLY (§§ 16-46-201 — 16-46-213) › Section 16-46-213 - Records of United States Surface Transportation Board and Arkansas Department of Transportation

Printed copies of schedules, classifications, and tariffs of rates, fares, and charges, and supplements to the printed copies, of all common carriers and contract carriers by railroad, motor vehicle, or otherwise, on file with the United States Surface Transportation Board or the Arkansas Department of Transportation and which reflect a United States Surface Transportation Board number and an effective date, or which reflect an Arkansas State Highway and Transportation Department or Arkansas Department of Transportation number and an effective date, may be received in evidence in any proceeding before the courts or administrative agencies of this state, without certification or authentication, and shall be presumed to be correct copies of the original schedules, classifications, tariffs, and supplements on file with the United States Surface Transportation Board or on file with the Arkansas Department of Transportation.
Amended by Act 2017, No. 707,§ 38, eff. 8/1/2017.
Acts 1975, No. 285, § 1; A.S.A. 1947, § 28-933.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Custodian" means the medical records librarian and the administrator or other chief officer of a duly licensed hospital, physician's office, or comprehensive community mental health center in this state and its proprietor, as well as his or her deputies and assistants, and any other persons who are official custodians or depositories of records; and
(2)
(A)
"Records" means hospital records, physician's records, or medical records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses' notes, and other reports catalogued and maintained by the hospital's medical record department or by a physician's office.
(B)
However, "records" shall not mean and include X-rays, electrocardiograms, and similar graphic matter.
Acts 1981, No. 255, § 1; A.S.A. 1947, § 28-936; Acts 1993, No. 274, § 1; 2007, No. 662, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-302 - Furnishing copies of records in compliance with subpoenas

Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the place where any cause of action is alleged to have arisen and such a subpoena requires the production of all or any part of the records of the hospital or physician's office related to the care or treatment of a patient in the hospital or physician's office, then it shall be sufficient compliance therewith if the custodian delivers, by hand or by registered mail to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena or conducting the hearing, a true and correct copy of all records described in the subpoena together with the affidavit described in §
16-46-305
. However, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms, and similar graphic matter unless they are specifically referred to in the subpoena.
Acts 1981, No. 255, § 2; A.S.A. 1947, § 28-937; Acts 2007, No. 662, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-303 - Sealing, identification, and direction of copies

The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, the name of the custodian, and the date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:
(1)
If the subpoena directs attendance in court, to the clerk or the judge of the court;
(2)
If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at his place of business;
(3)
In other cases, to the officer, body, or tribunal conducting the hearing, at a like address.
Acts 1981, No. 255, § 3; A.S.A. 1947, § 28-938.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-304 - Opening of sealed envelopes

(a)
Unless the sealed envelope or wrapper is returned to the custodian who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition, or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal shall first ascertain that either:
(1)
The records have been subpoenaed at the instance of the patient involved or his counsel of record; or
(2)
The patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidentiality involved.
(b)
Records which are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received.
Acts 1981, No. 255, § 4; A.S.A. 1947, § 28-939.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-305 - Affidavit of custodian as to copies - Charges

(a)
The records shall be accompanied by an affidavit of a custodian stating in substance:
(1)
That the affiant is the duly authorized custodian of the records and has authority to certify the records;
(2)
That the copy is a true copy of all the records described in the subpoena; and
(3)
That the records were prepared by personnel of the hospital, staff physicians, or persons acting under the control of either, or the physician, personnel of the physician's office, or persons acting under control of the physician, in the ordinary course of the hospital's or physician's office business at or near the time of the act, condition, or event reported therein.
(b)
If the hospital or physician's office has none of the records described, or only part of them, the custodian shall state so in the affidavit and file the affidavit and any records as are available in the manner described in §§
16-46-302
and
16-46-303
.
(c)
The custodian of the records may enclose a statement of costs for copying the records, and the costs of copying the records shall be borne by the party requesting the subpoena duces tecum for the records.
Acts 1981, No. 255, § 5; A.S.A. 1947, § 28-940; Acts 2007, No. 662, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-306 - Admissibility of copies and affidavits

The copy of the record shall be admissible in evidence to the same extent as though the original record was offered and the custodian had been present and testified to the matters stated in the affidavit.
Acts 1981, No. 255, § 6; A.S.A. 1947, § 28-941.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-307 - Personal attendance of custodian - Production of original record

(a)
Where the personal attendance of the custodian is desired, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary."
(b)
Where both the personal attendance of the custodian and the production of the original record are desired, the subpoena duces tecum shall contain a clause which reads: "The original records and the personal attendance of the custodian of records are necessary."
(c)
Where the personal attendance of the custodian is requested, the reasonable cost of producing the records and expenses for personal attendance shall be borne by the party requesting the subpoena.
Acts 1981, No. 255, § 7; A.S.A. 1947, § 28-942.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 3 - HOSPITAL RECORDS ACT (§§ 16-46-301 — 16-46-308) › Section 16-46-308 - Substitution of copies for original records

In view of the property right of the hospital or physician's office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making the copies shall be borne by the party requesting the subpoena. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making the copies shall be borne by the party requesting the subpoena.
Acts 1981, No. 255, § 8; A.S.A. 1947, § 28-943; Acts 2007, No. 662, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 4 - PATIENT MEDICAL RECORDS PRIVACY ACT (§§ 16-46-401 — 16-46-405) › Section 16-46-401 - Title

This subchapter shall be known and may be cited as the "Patient Medical Records Privacy Act".
Acts 2005, No. 1436, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 4 - PATIENT MEDICAL RECORDS PRIVACY ACT (§§ 16-46-401 — 16-46-405) › Section 16-46-402 - Definitions

As used in this subchapter:
(1)
(A)
"Medical records" means hospital or clinic records, physicians' records, or other healthcare records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses' notes, and other reports catalogued and maintained by the medical records department of a hospital, doctor's office, medical clinic, or any other medical facility.
(B)
"Medical records" includes X-rays, computed tomography imaging, magnetic resonance imaging, electrocardiograms, radiographic studies, and other testing that generates a printed result; and
(2)
"Party in litigation" means any person who requests copies of a patient's medical records from any doctor, hospital, or other custodian of records for use in any civil legal proceeding.
Acts 2005, No. 1436, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 4 - PATIENT MEDICAL RECORDS PRIVACY ACT (§§ 16-46-401 — 16-46-405) › Section 16-46-403 - Notice required

(a)
Any party in litigation that receives or obtains a copy of a patient's medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to the:
(1)
Patient; or
(2)
Patient's attorney if the patient is represented by an attorney.
(b)
The notice required by subsection (a) of this section may be made by:
(1)
Any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or
(2)
Facsimile with a receipt or transaction report showing that the transmittal was received.
(c)
The notice required by subsection (a) of this section shall include the name and address of the provider for each record that was obtained.
Acts 2005, No. 1436, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 4 - PATIENT MEDICAL RECORDS PRIVACY ACT (§§ 16-46-401 — 16-46-405) › Section 16-46-404 - Use of medical records at trial

If notice is not given as required by §
16-46-403
, a party in litigation shall be prohibited from introducing the patient's medical records into evidence or referring to the patient's medical records in any manner in a legal proceeding relating to the patient.
Acts 2005, No. 1436, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 46 - DOCUMENTARY EVIDENCE GENERALLY (§§ 16-46-101 — 16-46-405) › Subchapter 4 - PATIENT MEDICAL RECORDS PRIVACY ACT (§§ 16-46-401 — 16-46-405) › Section 16-46-405 - Scope of subchapter

(a)
This subchapter shall apply to private litigants in civil actions only and shall not alter the rights, duties, or responsibilities of any person or entity in any other type of legal proceeding, including, but not limited to, actions under the Workers' Compensation Law, §
11-9-101
et seq.
(b)
All provisions of this subchapter shall be subject to the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
(c)
Upon adoption of a Supreme Court rule which is substantially similar to the provisions of this subchapter, this subchapter shall be deemed superseded.
Acts 2005, No. 1436, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-101 - Proof or acknowledgment as prerequisite to recording real estate conveyances

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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-102 - Forms of acknowledgments - Validity - Acknowledgments of married persons

(a)
Either the forms of acknowledgments now in use in this state or any other forms which specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken, and which set out the name of the person acknowledging and, in instances where he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges, and which recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law, may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property, or whereby such property is to be affected in law or equity, and also in any other case where such acknowledgment is for any purpose required or authorized by law. An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence.
(b)
The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if he or she were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished.
Acts 1937, No. 44, § 1; Pope's Dig., § 1831; Acts 1981, No. 714, § 3; A.S.A. 1947, § 49-201.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-103 - Officers authorized to take proof or acknowledgment of real estate conveyances

(a)
The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one of the following courts or officers:
(1)
When acknowledged or proven within this state, before the Supreme Court, the circuit court, the chancery court, or any judges thereof, the clerk of any court of record, any county or probate judge, or before any justice of the peace or notary public;
(2)
When acknowledged or proven outside this state, and within the United States or its territories, or in any of the colonies or possessions or dependencies of the United States, before any court of the United States, or any state or territory, or colony or possession or dependency of the United States, having a seal, or a clerk of any such court, or before any notary public, or before the mayor of any incorporated city or town, or the chief officer of any city or town having a seal, or before a commissioner appointed by the Governor of this state;
(3)
When acknowledged or proven outside the United States, before any court of any state, kingdom, or empire having a seal; any mayor or chief officer of any city or town having an official seal; or before any officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his own country if the officer has, by law, an official seal.
(b)
The acknowledgment of any deed or mortgage, when taken outside the United States, may be taken and certified by a United States consul.
Rev. Stat., ch. 31, § 13; Acts 1875, No. 13, § 1, p. 58; 1887, No. 91, § 1, p. 142; 1897, No. 26, § 1, p. 33; 1899, No. 150, § 1, p. 276; C. & M. Dig., § 1516; Acts 1921, No. 233, § 1; 1923, No. 464, §§ 1, 2; Pope's Dig., § 1825; A.S.A. 1947, §§ 49-202, 49-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-104 - Attestation of acknowledgments

(a)
In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer.
(b)
In all cases of deeds and conveyances proven or acknowledged outside the United States or its territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had.
Rev. Stat., ch. 31, §§ 14, 15; C. & M. Dig., §§ 1517, 1518; Pope's Dig., §§ 1826, 1827; A.S.A. 1947, §§ 49-204, 49-205.