reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-122 - Method of service - Owner or operator of motor buses or trucks

(a)
When the defendant is the owner or operator of any motor bus or buses, motor coach or coaches, or motor truck or trucks engaged in the business of carrying and transporting either passengers, freight, goods, wares, or merchandise over any of the highways of this state, the service of summons may be had upon an owner or operator by serving the summons upon:
(1)
Any clerk or agent of the owner or operator selling tickets or transacting any business for the owner or operator; or
(2)
Any driver or chauffeur of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator.
(b)
Service had upon the agent or agents of an owner or operator or had upon a chauffeur or driver of any bus, coach, or truck being operated or driven by the driver or chauffeur as a servant, agent, or employee of the owner or operator shall be deemed and considered as good and valid service upon the owner or operator whether the owner or operator is a person, firm, or corporation.
(c)
Nothing contained in this section shall be so construed as to repeal any provision of the law of this state as to venue or service of summons in effect on February 26, 1935, except where the law may be in direct conflict with the provisions of this section. It is the intention of this section to provide further and additional methods of obtaining service of summons as against the owners and operators of motor buses, coaches, and trucks, as set out in this section.
Acts 1935, No. 70, §§ 1, 2; Pope's Dig., §§ 1377, 1378; A.S.A. 1947, §§ 27-343, 27-344.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-123 - Method of service - Owner or officer of steamboat or watercraft

When any action to recover judgment against the owners or officers of any steamboat, vessel, or other watercraft for any debt or liability created by them, or either of them, is commenced in any county in which the steamboat, vessel, or watercraft was found and, from any cause the summons or other process cannot be served in the action in the county where that action was commenced, a service in any other county in this state has the same effect as if made in the county where the action was brought.
Civil Code, § 76; C. & M. Dig., § 1156; Pope's Dig., § 1373; A.S.A. 1947, § 27-345.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-124 - Method of service - Corporations

(a)
When the defendant is a corporation created by the laws of this state, the service of the summons may be upon the president, mayor, or chairman of the board of trustees. In case of the absence of the above officers, then it may be served upon the cashier, treasurer, secretary, clerk, or agent of the corporation. In case of railroad corporations, it may be served upon any station agent or upon any person who has control of any of the business of that corporation, either as clerk, agent, or otherwise, who as agent or clerk has to report to the corporation who employs him or her. In cases of railroad corporations, a service of a copy of the summons upon the clerk or agent of any station in the county where the summons is issued shall be deemed and considered as a good and valid service.
(b)
In the case of a foreign railroad corporation which files its articles of incorporation with the Secretary of State, process shall be served on the agent or agents of the corporation, or upon the agent or agents of the receiver or receivers of the corporation, in the same manner that process is authorized by law to be served on railroad corporations existing under laws of this state. Service upon the agent or agents of any receiver or receivers of any such foreign railroad corporation shall be deemed and considered as good and valid service upon the corporation and upon the receivers thereof.
Civil Code, § 69; Acts 1877, No. 56, § 1, p. 59; 1901, No. 106, § 1, p. 171; C. & M. Dig., § 1147; Pope's Dig., § 1363; A.S.A. 1947, § 27-346.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-125 - Method of service - Corporate agent at branch office

(a)
(1)
Any and all foreign and domestic corporations which keep or maintain in any of the counties of this state a branch office or other place of business shall be subject to suits in any of the courts in any of the counties where the corporation keeps or maintains the office or place of business.
(2)
Service of summons or other process of law from any of the courts held in the counties upon the agent, servant, or employee in charge of the office or place of business shall be deemed good and sufficient service upon the corporation and shall be sufficient to give jurisdiction to any of the courts of this state held in the counties where the service of summons or other process of law is had upon the agent, servant, or employee of the corporation.
(b)
This section shall not be taken and held by the courts of this state as repealing any of the laws of this state in force on April 1, 1909, and governing and regulating the service of process or summons upon corporations of this state, but shall be by the courts of this state construed and held as cumulative and in aid of the laws of this state in force on April 1, 1909.
Acts 1909, No. 98, §§ 1, 2, p. 293; C. & M. Dig., § 1152; Pope's Dig., § 1369; A.S.A. 1947, §§ 27-347, 27-348.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-126 - Method of service - Corporations - Secretary of State

Whenever process in any suit against a domestic corporation cannot be served in the county of the corporation's domicile upon any officer authorized to be served with process by the laws of the state and this fact is made to appear by the return of the sheriff of the county upon summons directed to the officer, the process may be served on the Secretary of State. He or she shall immediately send the process served on him or her to the corporation at its place of domicile by mail. The service shall be as valid as if served on an officer of the corporation authorized to be served with process. The service shall date from the time of service upon the Secretary of State.
Acts 1915, No. 290, § 22; C. & M. Dig., § 1148; Pope's Dig., § 1364; A.S.A. 1947, § 27-349.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-127 - Method of service - Foreign corporations

Where the defendant is a foreign corporation having an agent in this state, the service may be upon the agent.
Civil Code, § 72; C. & M. Dig., § 1151; Pope's Dig., § 1368; A.S.A. 1947, § 27-350.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-129 - Method of service - Insurance company

Where the defendant is an incorporated insurance company and the action is in a county in which there is an agency of the company, the service may be upon the chief officer of the agency.
Civil Code, § 71; C. & M. Dig., § 1150; Pope's Dig., § 1367; A.S.A. 1947, § 27-353.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-130 - [Repealed]

Repealed by Act 2013, No. 1148,§ 21, eff. 8/16/2013.
Civil Code, §§ 79-83, 454; Acts 1871, No. 48, § 1 [80], p. 219; 1915, No. 290, §§ 4, 5; C. & M. Dig., §§ 1159-1163, 6269; Pope's Dig., §§ 1380-1384, 8225; A.S.A. 1947, §§ 27-354 -- 27-359; Acts 1991, No. 199, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-132 - Refusal to accept process served by mail

Where service of summons, process, or notice is provided for or permitted by registered or certified mail, under the laws of Arkansas, and the addressee refuses to accept delivery, and it is so stated in the return receipt of the United States Postal Service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the summons, process, or notice.
Acts 1979, No. 446, § 1; A.S.A. 1947, § 27-365.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-134 - [Repealed]

Repealed by Act 2013, No. 1148,§ 22, eff. 8/16/2013.
Acts 1989, No. 401, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-101 - Filing of notice required to constitute constructive notice of pending action

To render the filing of any suit at law or in equity in either a state court or United States district court affecting the title or any lien on real estate or personal property constructive notice to a bona fide purchaser or mortgagee of any such real estate or personal property, it shall be necessary for the plaintiff or any one (1) of the plaintiffs, if there is more than one (1) plaintiff, or his or her attorney or agent to file a notice of the pendency of the suit, for record with the recorder of deeds of the county in which the property to be affected by the constructive notice is situated.
Acts 1903, No. 65, § 1, p. 118; C. & M. Dig., § 6979; Pope's Dig., § 8959; Acts 1965 (2nd Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 27-501.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-102 - Contents of notice

The notice of the pendency of the suit shall set forth the title of the cause and the general object thereof, together with a correct and full description of the property to be affected thereby, the names of the parties to the suit, and the style of the court where the suit is pending.
Acts 1903, No. 65, § 1, p. 118; C. & M. Dig., § 6979; Pope's Dig., § 8959; Acts 1965 (2nd Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 27-501.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-103 - Duty of recorder of deeds

It shall be the duty of the recorder of deeds to record the notice of the pending suit in either a state court or United States district court in a book kept for that purpose, upon the payment of the same fees as are provided by law for recording mortgages.
Acts 1903, No. 65, § 1, p. 118; C. & M. Dig., § 6979; Pope's Dig., § 8959; Acts 1965 (2nd Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 27-501.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-104 - Index of notices

The recorder of deeds shall immediately upon the filing of the notice of the pendency of the action enter in an index to be kept in his or her office such reference to these notices as will enable all persons interested to search his or her office to obtain a description of the property to be affected thereby and the names of the parties to the suit.
Acts 1903, No. 65, § 3, p. 118; C. & M. Dig., § 6981; Pope's Dig., § 8961; A.S.A. 1947, § 27-503.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-105 - Fees of recorder - Taxing as costs

For the indexing and recording of the notice of the pendency of the suit, the recorder of deeds shall be entitled to the same fees as are provided by law for recording and indexing deeds. The sum thus paid to the recorder shall be taxed as part of the costs of executing the process by the sheriff or other officer.
Acts 1903, No. 65, § 6, p. 118; C. & M. Dig., § 6984; Pope's Dig., § 8964; A.S.A. 1947, § 27-504.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-106 - Accounts due state lien from commencement of action

The amount of any account audited, adjusted, and found due the state, with the penalties and interest thereon, shall be a lien on all the real estate of the person charged with the amount of any such account from the time the suit shall be brought for the recovery thereof.
Rev. Stat., ch. 18, § 35; C. & M. Dig., § 9302; Pope's Dig., § 11988; A.S.A. 1947, § 27-505.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 59 - LIS PENDENS (§§ 16-59-101 — 16-59-107) › Section 16-59-107 - Copy of notice as evidence

A copy of the record, authenticated by the recorder of deeds, shall be evidence of the notice of the pendency of the suit and of the filing of the notice in all courts and places.
Acts 1903, No. 65, § 2, p. 118; C. & M. Dig., § 6980; Pope's Dig., § 8960; A.S.A. 1947, § 27-502.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-102 - Local actions

A civil action for the following causes shall be brought in the county in which the subject of the civil action, or some part of the civil action, is situated:
(1)
The recovery of real property, or of an estate or interest in real property;
(2)
The partition of real property;
(3)
The sale of real property under a mortgage, lien, or other encumbrance or charge; and
(4)
An injury to real property.
Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.
Civil Code, § 85; C. & M. Dig., § 1165; Pope's Dig., § 1387; A.S.A. 1947, § 27-602.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-103 - Actions brought where cause of action arose

A civil action for the following causes shall be brought in the county where the cause, or some part of the cause, arose:
(1)
A civil action for the recovery of a fine, penalty, or forfeiture imposed by a statute, except that when the violation of the statute for which the claim is made was committed on a watercourse or road that is the boundary of two (2) counties, the civil action may be brought in either county;
(2)
A civil action against a public officer for an act done by him or her in virtue or under color of his or her office, or for a neglect of official duty; and
(3)
A civil action upon the official bond of a public officer, except as provided in §
16-106-101
.
Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.
Civil Code, § 90; Acts 1871, No. 48, § 1 [90], p. 219; A.S.A. 1947, § 27-603; Acts 2001, No. 806, § 1; 2003, No. 1185, § 190; 2011, No. 600, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-104 - Actions that shall be brought in Pulaski County

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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-105 - Actions for medical injury

A civil action for medical injury brought under §
16-114-201
et seq. against a medical care provider, as defined in §
16-114-201
, shall be filed in the county in which the alleged act or omission occurred.
Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.
Acts 1935, No. 74, § 1; Pope's Dig., § 1385; A.S.A. 1947, § 27-609.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-106 - Actions on debt, account, or note against certain public entities

A civil action on a debt, account, or note, or for goods or services against a city of the first class, a city of the second class, an incorporated town, a public facilities board, or a county shall be brought in the county in which the city, town, public facilities board, or county lies.
Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.
Civil Code, § 93; C. & M. Dig., § 1172; Pope's Dig., § 1394; A.S.A. 1947, § 27-606.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-107 - Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor - Affidavit of contractor

(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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-108 - Action by insured or beneficiary against surety on contractor's performance bond

A civil action brought in this state by or in behalf of an insured or beneficiary against a domestic or foreign surety on a contractor's payment or performance bond may be brought in the county:
(1)
In which the loss occurred;
(2)
Of the insured's residence at the time of loss; or
(3)
Of the beneficiary's residence at the time of loss.
Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.
Civil Code, § 95; C. & M. Dig., § 1174; Pope's Dig., § 1396; A.S.A. 1947, § 27-608.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-60-101 — 16-60-109) › Section 16-60-109 - Actions against a public school district

A civil action, other than a civil action described in §
16-60-104
or a civil action for personal injury or death, against a public school district, a public school district board of directors, or a public school district's officer, agent, servant, or employee acting within the course and scope of his or her agency or employment shall be brought in the county or in the judicial district of the county in which the public school district is situated or has its principal office.
Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.
Acts 1973, No. 142, §§ 1, 2; A.S.A. 1947, §§ 27-619, 27-620.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-201 - Motion - Notice

(a)
(1)
Any party to a civil action to be tried by a jury may obtain an order for a change of venue therein by motion upon a petition stating that he or she verily believes that he or she cannot obtain a fair and impartial trial in the action in the county in which the action is pending, on account of the undue influence of his or her adversary, or of the undue prejudice against the petitioner or his or her cause of action or defense in the county.
(2)
The petition shall be signed by the party and verified as pleadings are required to be verified and shall be supported by the affidavits of at least two (2) credible persons to the effect that the affiants believe the statements of the petition are true.
(3)
When a corporation files the petition, the petition shall be supported by the affidavits of two (2) credible persons, neither of whom is directly or indirectly connected with the corporation in any capacity whatever, and neither of whom has been promised, nor shall receive, within twelve (12) months next preceding the signing of the petition, any benefit or favor from the corporation different from those received by every other citizen of the state or which every citizen is entitled to receive as a matter of right.
(b)
The motion shall be made before, and the order granted by, the judge of the circuit court of the county in which the action is pending in open court or in vacation. If the motion is made at any time or place except in open court, at the calling of the case, it shall be upon reasonable notice in writing to the adverse party or his or her attorney.
(c)
The party may make his or her petition and the affidavit supporting the petition apply to one (1) county in addition to the one in which the action is pending.
(d)
A change of venue shall not be granted in an action under §
16-60-104(1)
or §
16-60-104(2)
.
(e)
(1)
A defendant in a civil action under §
16-60-104(3)
may obtain an order for a change of venue by motion requesting a transfer to one (1) of the following counties:
(A)
Pulaski County;
(B)
Any county in which one (1) of the plaintiffs, or in the case of a certified class action, any member of the class, resides, conducts business, or maintains a principal place of business; or
(C)
If no plaintiff is a resident of Arkansas, any county in the state of Arkansas.
(2)
The venue of the civil action shall be changed upon a showing that the proposed transferee county is a proper venue as set forth in this subsection.
Amended by Act 2017, No. 967,§ 2, eff. 4/5/2017.
Acts 1875, No. 38, §§ 1, 2, p. 114; 1909, No. 192, § 1, p. 570; C. & M. Dig., §§ 10339, 10340; Pope's Dig., §§ 14340, 14341; A.S.A. 1947, §§ 27-701, 27-702.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-202 - No change made unless found necessary

Except as provided under §
16-60-201(e)
, the venue of civil actions shall not be changed unless the court or judge to whom the application for change of venue is made finds that the change of venue is necessary to obtain a fair and impartial trial of the cause.
Amended by Act 2017, No. 967,§ 3, eff. 4/5/2017.
Acts 1909, No. 249, § 1, p. 751; C. & M. Dig., § 10341; Pope's Dig., § 14342; A.S.A. 1947, § 27-704.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-203 - Objection to petition - Order

Upon presenting the petition, which may be resisted, and upon notice to the judge, the judge may make an order for the change of venue in the action, if in his or her judgment it is necessary for a fair and impartial trial, to a county to which there is no valid objection and which he or she concludes is most convenient to the parties and their witnesses.
Acts 1875, No. 38, § 3, p. 114; 1899, No. 116, § 1, p. 189; A.S.A. 1947, § 27-703.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-204 - Procedure when order granted - Transmission of papers - Fees

(a)
When the order for change of venue is obtained out of term time, the party obtaining the order shall cause the petition, notice, affidavit, and order to be delivered to the clerk of the court in which the action is pending, who shall file the order with the papers in the case.
(b)
(1)
In all cases where an order for a change of venue is granted, the clerk shall make and file with the papers a certified copy of all the orders in the case and, upon the payment of the transmission fees provided for in this section, shall transmit the papers in the case to the clerk of the court to which the venue is changed by any safe and convenient mode which he or she may select.
(2)
The clerk shall be responsible for the transmission of the papers, for which he or she shall receive ten cents (10¢) per mile to and from the clerk's office, to be paid by the party obtaining the order, and to be taxed in the costs.
(c)
(1)
If the above-mentioned fee is not paid or arranged with the clerk within fifteen (15) days from the granting of the order, the order shall be null and void.
(2)
The judge granting the order may extend the time of making such payment, which shall be stated in the order.
(3)
The adverse party, if he or she chooses, may make such payment.
Acts 1875, No. 38, §§ 4, 5, p. 114; C. & M. Dig., §§ 10342, 10343; Pope's Dig., §§ 14343, 14344; A.S.A. 1947, §§ 27-705, 27-706.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-205 - Number of changes limited

Only one (1) order for a change of venue shall be granted to the same party in the same action.
Acts 1875, No. 38, § 5, p. 114; C. & M. Dig., § 10343; Pope's Dig., § 14344; A.S.A. 1947, § 27-706.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-206 - Time for trial after change

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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 60 - VENUE (§§ 16-60-101 — 16-60-207) › Subchapter 2 - CHANGE OF VENUE (§§ 16-60-201 — 16-60-207) › Section 16-60-207 - Domestic relations

The venue of domestic relations cases in this state may be transferred between judicial districts in which either party resides, when agreed to by the parties to the action and the judges involved.
Acts 1975, No. 371, § 1; A.S.A. 1947, § 27-708; Acts 2003, No. 1185, § 191.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-101 - [Repealed]

Repealed by Act 2013, No. 1148,§ 23, eff. 8/16/2013.
Civil Code, § 2; C. & M. Dig., § 1032; Pope's Dig., § 1234; A.S.A. 1947, § 27-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-102 - Married persons

(a)
If a husband and wife are sued together, the wife may defend:
(1)
For her own right; and
(2)
If the husband neglects to defend, for his right also.
(b)
Where a husband, being a father, has deserted his family, the wife, being a mother, may prosecute or defend in his name any action which he might have prosecuted or defended and shall have the same powers and rights therein as he might have had.
Civil Code, §§ 43, 44; C. & M. Dig., §§ 1108, 1109; Pope's Dig., §§ 1324, 1325; A.S.A. 1947, §§ 27-821, 27-822.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-103 - [Repealed]

Repealed by Act 2013, No. 1148,§ 24, eff. 8/16/2013.
Civil Code, §§ 46, 47; C. & M. Dig. §§ 1111, 1112; Pope's Dig., §§ 1327, 1328; A.S.A. 1947, §§ 27-823, 27-824.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-104 - [Repealed]

Repealed by Act 2013, No. 1148,§ 25, eff. 8/16/2013.
Civil Code, §§ 48, 50; Acts 1871, No. 48, § 1 [50], p. 219; C. & M. Dig., §§ 1113, 1115; Pope's Dig., §§ 1329, 1331; A.S.A. 1947, §§ 27-825, 27-827.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-105 - [Repealed]

Repealed by Act 2013, No. 1148,§ 26, eff. 8/16/2013.
Civil Code, §§ 51, 52; C. & M. Dig., §§ 1116, 1117; Pope's Dig., §§ 1332, 1333; A.S.A. 1947, §§ 27-828, 27-829.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-106 - [Repealed]

Repealed by Act 2013, No. 1148,§ 27, eff. 8/16/2013.
Civil Code, §§ 53, 54; C. & M. Dig., §§ 1118, 1119; Pope's Dig., §§ 1334, 1335; A.S.A. 1947, §§ 27-830, 27-831.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-107 - Insanity during pendency of action - Guardian joined

Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:
(1)
If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;
(2)
If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also.
Civil Code, § 55; C. & M. Dig., § 1120; Pope's Dig., § 1336; A.S.A. 1947, § 27-832.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-108 - [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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-109 - Fees of guardian or attorney appointed to defend infant, insane person, or prisoner - Costs

A guardian or attorney appointed on the application of the plaintiff to defend for an infant, person of unsound mind, or prisoner shall be allowed a reasonable fee for his or her services, to be paid by the plaintiff and taxed in the costs.
Civil Code, § 57; C. & M. Dig., § 1122; Pope's Dig., § 1338; A.S.A. 1947, § 27-834.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-110 - Foreign executors, administrators, and guardians

Administrators, executors, and guardians appointed in any of the states, territories, or districts of the United States, under the laws thereof, may sue in any of the courts of this state, in their representative capacity, to the same and like effect as if the administrators, executors, and guardians had been qualified under the laws of this state. However, the administrators, executors, or guardians shall be required, before they shall institute a suit or proceeding, to execute the same bond as is required of other nonresidents by the laws of this state.
Acts 1843, § 1, p. 105; C. & M. Dig., § 1093; Pope's Dig., § 1309; A.S.A. 1947, § 27-805.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-111 - Joint and several obligors

(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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-112 - Assignments

(a)
When the assignment is not authorized by statute, the assignor must be a party as plaintiff or defendant.
(b)
Where the right of the plaintiff is transferred or assigned during the pendency of the action, it may be continued in his or her name, or the court may allow the person to whom the transfer or assignment is made to be substituted in the action, proper orders being made as to security for the costs.
Civil Code, §§ 26, 27; Acts 1873, No. 88, § 1 [26], p. 213; C. & M. Dig., §§ 1090, 1091; Pope's Dig., §§ 1306, 1307; A.S.A. 1947, §§ 27-802, 27-803.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-113 - [Repealed]

Repealed by Act 2013, No. 1148,§ 29, eff. 8/16/2013.
Civil Code, § 37; C. & M. Dig., § 1102; Pope's Dig., § 1318; A.S.A. 1947, § 27-815.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-114 - [Repealed]

Repealed by Act 2013, No. 1148,§ 30, eff. 8/16/2013.
Civil Code, § 38; Acts 1875 (Adj. Sess.), No. 32, § 1, p. 36; C. & M. Dig., §§ 1103, 1104; Pope's Dig., §§ 1319, 1320; A.S.A. 1947, §§ 27-817, 27-818.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-61-101 — 16-61-115) › Section 16-61-115 - [Repealed]

Repealed by Act 2013, No. 1148,§ 31, eff. 8/16/2013.
Civil Code, §§ 39, 40; C. & M. Dig., §§ 1105, 1106; Pope's Dig., §§ 1321, 1322; A.S.A. 1947, §§ 27-819, 27-820.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-201 - [For applicabity, see Notes] Definitions

As used in this subchapter:
(1)
"Joint tortfeasor" means two (2) or more persons or entities who may have joint liability or several liability in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them; and
(2)
"Several liability" means that each person or entity is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.
Amended by Act 2013, No. 1116,§ 2, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.
Acts 1941, No. 315, § 1; A.S.A. 1947, § 34-1001.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-202 - [For applicabity, see Notes] Right of contribution - Accrual - Pro rata share

(a)
The right of contribution exists among joint tortfeasors.
(b)
A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share of the common liability.
(c)
The right of contribution is not limited to money damages but also includes the right to an allocation of fault as among all joint tortfeasors and the rights provided for in §
16-61-204
.
(d)
A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
Amended by Act 2013, No. 1116,§ 3, eff. 8/16/2013, op. applicable to all causes of action accruing on or after March 25, 2003.
Acts 1941, No. 315, § 2; 1949, No. 35, § 1; A.S.A. 1947, § 34-1002.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-203 - [Repealed]

Repealed by Act 2013, No. 1116,§ 4, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.
Acts 1941, No. 315, § 3; A.S.A. 1947, § 34-1003.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-204 - [For applicabity, see Notes] Release - Effect on injured person's claim and on right of contribution

(a)
A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides.
(b)
A release by the injured person of a joint tortfeasor does not relieve the released tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other joint tortfeasor to secure a money judgment for contribution has accrued and provides for a reduction, to the extent of the pro rata share of the released joint tortfeasor, of the injured person's damages recoverable against all other joint tortfeasors.
(c)
When the injured person releases a joint tortfeasor, the injured person's damages recoverable against all the other joint tortfeasors shall be reduced by the greatest of the following:
(1)
The amount of the consideration paid for the release;
(2)
The pro rata share of the released joint tortfeasor's responsibility for the injured person's damages; or
(3)
Any amount or proportion by which the release provides that the total claim shall be reduced.
(d)
When the injured person releases a joint tortfeasor, the remaining defendants are entitled to a determination by the finder of fact of the released joint tortsfeasor's pro rata share of responsibility for the injured person's damages.
Amended by Act 2013, No. 1116,§ 5, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.
Acts 1941, No. 315, § 4; A.S.A. 1947, § 34-1004.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-205 - [Repealed]

Repealed by Act 2013, No. 1116,§ 6, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.
Acts 1941, No. 315, § 5; A.S.A. 1947, § 34-1005.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-206 - Indemnity

This subchapter does not impair any right of indemnity under existing law.
Acts 1941, No. 315, § 6; A.S.A. 1947, § 34-1006.