reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-403 - Filing of interrogatories

The plaintiff shall, on the day on which he or she sues out his writ of garnishment, prepare and file all the allegations and interrogatories, in writing, with the clerk or justice issuing the writ upon which he or she may be desirous of obtaining the answer of the garnishee touching the goods and chattels, moneys, credits, and effects of the defendant, and the value thereof, in his or her hands and possession, at the time of the service of the writ or at any time thereafter.
Acts 1889, No. 115, § 3, p. 168; C. & M. Dig., § 4910; Pope's Dig., § 6123; A.S.A. 1947, § 31-505.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-404 - Answers to interrogatories

The garnishee shall, on the return day named in the writ, exhibit and file, under his or her oath, full, direct, and true answers to all such allegations and interrogatories as may have been exhibited against him or her by the plaintiff.
Acts 1889, No. 115, § 4, p. 168; C. & M. Dig., § 4911; Pope's Dig., § 6124; A.S.A. 1947, § 31-506.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-405 - Denial of answer

(a)
If the garnishee files his or her answer to the interrogatories exhibited and the plaintiff deems the answers untrue or insufficient, he or she may deny the answer and cause his or her denial to be entered on the record.
(b)
The court or justice, if neither party requires a jury, shall proceed to try the facts put in issue by the answer of the garnishee and the denial of the plaintiff.
Acts 1889, No. 115, § 5, p. 168; C. & M. Dig., § 4912; Pope's Dig., § 6125; A.S.A. 1947, § 31-508.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-406 - Failure of bank to answer

(a)
If any garnishee that is a bank, savings bank, or trust company domiciled in this state, after having been served with a writ of garnishment ten (10) days before the return day thereof, shall neglect to answer on or before the return day the writ or any interrogatories which have been exhibited against it, the court or justice before whom the matter is pending shall enter judgment in general terms against the garnishee. The general judgment shall be deemed to be for costs of the garnishment and for an amount not exceeding the full amount specified in the plaintiff's judgment against the original defendant and also not exceeding the amount or value in which at the time when served and thereafter up to and including said return day the garnishee was indebted, or had in its hands or possession goods, chattels, moneys, credits, and effects belonging to the original defendant.
(b)
At any time after the general judgment the plaintiff may have, from the court or justice in the matter, a discovery against the garnishee and at its cost to ascertain the specific amount due thereunder.
Acts 1913, No. 113, [§ 62], as added by Acts 1923, No. 627, § 7; Pope's Dig., § 746; A.S.A. 1947, § 31-507.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-407 - Failure of garnishee to answer

(a)
If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to the garnishee, requiring him or her to appear personally at a hearing not later than ten (10) days after receipt of said notice or at such other later date as the court may fix and answer the allegations and interrogatories of the plaintiff. Service of the notice may be made either by the clerk, or by the plaintiff, by any method prescribed by the Arkansas Rules of Civil Procedure for service of notice.
(b)
The court, after hearing and reviewing the evidence and testimony of both parties, may then render judgment against the garnishee in such amount, if any, as the court finds the garnishee held at the time of service of the writ of garnishment, of any goods, chattels, wages, credits and effects belonging to the defendant, not otherwise exempt under state or federal law; together with attorney's fees and such other reasonable expenses incurred by the plaintiff, as the court may deem appropriate under the facts and circumstances.
Amended by Act 2013, No. 229,§ 2, eff. 8/16/2013.
Acts 1889, No. 115, § 9, p. 168; C. & M. Dig., § 4916; Pope's Dig., § 6129; A.S.A. 1947, § 31-512; Acts 1989, No. 463, § 1; 1991, No. 1027, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-408 - Discharge of garnishment issued before judgment upon filing of bond by defendant

(a)
(1)
Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount for which the garnishment was issued that he or she will pay any judgment which may finally be rendered against him or her in the action.
(2)
Upon judgment being rendered against the defendant, summary judgment may be rendered against the sureties in the bond.
(b)
The bond provided for in this section shall be executed as surety by some surety company authorized to transact business in the State of Arkansas or by at least two (2) individuals who are residents and citizens of the county in which the suit is pending. In addition, each of them shall be the owner of real estate located in the county, worth over and above all encumbrances against the property and all exemptions allowed by law to the surety, a sum equal to or in excess of the amount of the bond so executed.
(c)
Before any clerk shall approve any bond so presented, he or she shall require that the sureties on the bond, if they are individuals, to qualify on the bond by making oath to the facts required in subsection (b) of this section. If any person shall knowingly swear falsely in the affidavit, he or she shall be deemed guilty of perjury and be punished accordingly.
(d)
The clerk shall satisfy himself or herself of the sufficiency of the bond before he or she shall approve it. If the clerk shall approve the bond, he or she shall file it and shall issue a notice directed to the garnishee notifying him or her of the filing and approval of the bond and the release of the garnishment. The notice shall be signed by the clerk, bear the seal of the court, and be served on the garnishee by the county sheriff or constable, and return shall be made thereon as in cases of other writs of process.
Acts 1925, No. 177, §§ 1-4; Pope's Dig., §§ 6132-6135; A.S.A. 1947, §§ 31-515 -- 31-518; Acts 2003, No. 1185, § 230.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-409 - Discharge of garnishee before judgment upon surrender of property

(a)
If on the return day of any writ of garnishment the garnishee shall surrender to the plaintiff all the goods and chattels, moneys, credits, and effects which may be in his or her hands or possession belonging to the defendant, he or she shall be discharged with costs.
(b)
The court or justice shall enter up an order releasing and discharging the garnishee from all responsibility to the defendant, in relation to the goods and chattels, moneys, credits, and effects so surrendered.
Acts 1889, No. 115, § 7, p. 168; C. & M. Dig., § 4914; Pope's Dig., § 6127; A.S.A. 1947, § 31-510.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-410 - Discharge of garnishee upon judgment or judgment for plaintiff

(a)
If the issue is found for the garnishee, he or she shall be discharged without further proceedings.
(b)
However, if the issue is found for the plaintiff, judgment shall be entered for the amount due from the garnishee to the defendant in the original judgment, or so much thereof as will be sufficient to satisfy the plaintiff's judgment, with costs.
Acts 1889, No. 115, § 6, p. 168; C. & M. Dig., § 4913; Pope's Dig., § 6126; A.S.A. 1947, § 31-509.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-411 - Effect of judgment against garnishee

In all cases where judgment shall be rendered against any garnishee on an answer to interrogatories filed, the judgment shall have the effect to release the garnishee from all responsibility in relation to the goods and chattels, moneys, credits, and effects for which the judgment may have been rendered.
Acts 1889, No. 115, § 8, p. 168; C. & M. Dig., § 4915; Pope's Dig., § 6128; A.S.A. 1947, § 31-511.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-412 - Issuance of writ and judgment to another county

Writs of garnishment may be issued from the circuit court of one (1) county to any other county in the state.
Acts 1889, No. 115, §§ 10, 11, p. 168; C. & M. Dig., §§ 4917, 4918; Pope's Dig., §§ 6130, 6131; A.S.A. 1947, §§ 31-513, 31-514; Acts 2003, No. 1185, § 231.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-413 - Garnishment against state or subdivision of state after judgment

(a)
(1)
Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of Arkansas, shall be subject to garnishment as is now provided by law.
(2)
Nothing in subdivision (a)(1) of this section shall be construed in any way to eliminate or limit the provisions of §
26-36-301
et seq. concerning the set-off of debt owed to a state program.
(b)
(1)
Any writ of garnishment sued out pursuant to this section shall be served upon the individual representing the State of Arkansas, subdivision thereof, institution, department, special district, or instrumentality of the State of Arkansas, who has such indebtedness, goods and chattels, moneys, credits, or effects in his or her custody, and he or she shall answer the writ and satisfy the garnishment as provided by law.
(2)
However, if the writ of garnishment is of salary or wages, it shall be served upon, answered, and satisfied by the institution, agency, department, special district, or instrumentality employing the person whose salary or wages are sought by the garnishment.
(c)
A writ of garnishment shall be sued out pursuant to this section only after judgment.
Acts 1945, No. 44, §§ 1-3; 1965, No. 441, § 1; A.S.A. 1947, §§ 31-519 -- 31-521; Acts 1987 (1st Ex. Sess.), No. 41, § 1; 1987 (1st Ex. Sess.), No. 55, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-414 - Garnishment against railroad for certain wages after judgment

(a)
No garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars ($200) or less, and where the property sought to be reached is wages due to a defendant by any railroad corporation, until after judgment has been recovered by the plaintiff against the defendant in the action.
(b)
(1)
No railroad corporation shall be required to make answer to, nor shall any default or other liability attach because of its failure to answer any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal services, where a writ of garnishment was issued in advance of the recovery by plaintiff of a personal judgment against the defendant in any action for two hundred dollars ($200) or less.
(2)
Any judgment rendered against any railroad corporation for its failure or refusal to make answer to any garnishment so issued before the recovery of final judgment in the action between the plaintiff and defendant in the cases mentioned in subsection (a) of this section shall be void. Any officer entering such a judgment or who may execute or attempt to execute the judgment shall be taken and considered a trespasser.
Acts 1897 (Ex. Sess.), No. 43, §§ 1, 2, p. 109; C. & M. Dig., §§ 4907, 4908; Pope's Dig., §§ 6120, 6121; A.S.A. 1947, §§ 31-502, 31-503.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-415 - Garnishment of wages

(a)
Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution, or as set out in subsection (b) of this section.
(b)
The lien provided for in subsection (a) of this section shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied. The lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.
Acts 1981, No. 794, §§ 1-3; A.S.A. 1947, §§ 31-522 -- 31-524; Acts 1991, No. 192, § 1; 1995, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-416 - Notice to employer garnishee

In any garnishment of salaries, wages, or other compensation due from the employer garnishee, the plaintiff shall include the following notice to the employer garnishee:
"NOTICE TO EMPLOYER GARNISHEE"
The amount of wages available for withholding for this judgment and costs is subject to certain prior claims. Under Arkansas law, income withholding for child support has a priority over all other legal processes. Under federal law, the total amount to be withheld cannot exceed the maximum amount allowed under § 303(b)."
Acts 1989, No. 463, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-417 - Handling costs for withholding

(a)
A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to any court-ordered income withholding amount for the administrative cost incurred in each withholding.
(b)
The income withholding provisions of this section shall not apply to unemployment compensation benefits except to the extent allowed pursuant to the procedures set forth in §§
11-10-109
and
11-10-110
.
(c)
The income withholding provisions of this section shall not apply to workers' compensation benefits except to the extent allowed pursuant to the procedures set forth in §
11-9-110
.
Acts 1997, No. 972, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-101 - Scope

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
Acts 1953, No. 274, § 1; A.S.A. 1947, § 34-2501.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-102 - Power to construe, etc

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.
Acts 1953, No. 274, § 2; 1957, No. 35, § 1; A.S.A. 1947, § 34-2502
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-104 - Executor, etc

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto:
(a)
To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(b)
To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(c)
To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Acts 1953, No. 274, § 3; A.S.A. 1947, § 34-2503.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-105 - Enumeration not exclusive

The enumeration in §§
16-111-102
and
16-111-104
does not limit or restrict the exercise of the general powers conferred in §
16-111-101
, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Acts 1953, No. 274, § 4; A.S.A. 1947, § 34-2504.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-106 - Discretionary

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Acts 1953, No. 274, § 5; A.S.A. 1947, § 34-2505.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-107 - Review

All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
Acts 1953, No. 274, § 6; A.S.A. 1947, § 34-2506.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-108 - Supplementary relief

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
Acts 1953, No. 274, § 7; A.S.A. 1947, § 34-2507.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-109 - Jury trial

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Acts 1953, No. 274, § 8; A.S.A. 1947, § 34-2508.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-110 - Costs

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.
Acts 1953, No. 274, § 9; A.S.A. 1947, § 34-2509.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-111 - Parties

(a)
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.
(b)
(1)
When declaratory relief is sought with respect to a tax, a person or group of persons challenging the tax shall provide a governmental entity and a school district whose direct revenue could be affected by the declaration with notice of the action by providing a copy of the complaint to the governmental entity or school district.
(2)
A governmental entity or school district provided with notice under subdivision (b)(1) of this section has the right to intervene in the action but is not required to be named as a party to the action nor is the governmental entity or school district considered an indispensable or necessary party to the action.
Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.
Acts 1953, No. 274, § 10; A.S.A. 1947, § 34-2510.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-112 - Construction

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.
Acts 1953, No. 274, § 11; A.S.A. 1947, § 34-2511.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-113 - Words construed

The word "person" wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.
Acts 1953, No. 274, § 12; A.S.A. 1947, § 34-2512.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 111 - DECLARATORY JUDGMENTS (§§ 16-111-101 — 16-111-115) › Section 16-111-114 - Provisions severable

The several sections and provisions of this chapter except §§
16-111-101
and
16-111-102
, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.
Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.
Acts 1953, No. 274, § 13.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-101 - Procedure

The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5075; Pope's Dig., § 6338; A.S.A. 1947, § 34-1701.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-102 - Officers permitted to issue

(a)
(1)
The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state.
(2)
(A)
The county judge shall have power coextensive with his or her county in the absence of the circuit judge therefrom to issue, hear, and determine writs of habeas corpus on proper application of parties entitled thereto, in all cases and with like powers, in which the circuit judge may issue and determine a writ of habeas corpus.
(B)
However, no county judge shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a grand jury.
(b)
If any officer enumerated in subsection (a) of this section shall, when legally applied to, refuse to issue the writ of habeas corpus to the petitioner, he or she shall forfeit and pay to the petitioner five hundred dollars ($500).
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; 1875, No. 100, § 1, p. 219; 1877, No. 2, § 1, p. 1; 1883, No. 93, § 1, p. 170; C. & M. Dig., §§ 5084, 5093; Pope's Dig., §§ 6347, 6356; A.S.A. 1947, §§ 34-1702, 34-1707; Acts 2003, No. 1185, § 232.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-103 - Petition

(a)
(1)
The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in §
16-112-102(a)
to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted.
(2)
The procedures for persons who allege actual innocence shall be in accordance with §
16-112-201
et seq.
(b)
(1)
The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman.
(2)
Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases.
(c)
Writs of habeas corpus shall issue upon the application of the husband, father, mother, guardian, or next friend of any married woman or infant detained by any religious or other association or by persons acting under the authority of the association. The prosecuting attorney, where the detention is made, shall prosecute the writ without fee, if required to do so.
(d)
If the restraint or confinement is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, or it must appear by affidavit annexed thereto, showing that by reason of the person being concealed before the application, a demand of the copy could not be made, or that the demand was made of the person by whom the prisoner is confined or restrained, and a copy refused.
Rev. Stat., ch. 73, art. 1, § 5; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5086-5089; Pope's Dig., §§ 6349-6352; A.S.A. 1947, §§ 34-1703 -- 34-1706; Acts 2001, No. 1780, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-104 - Bond prior to issuance of writ

(a)
The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the state or to the person against whom the writ is directed, conditioned that the person detained shall not escape by the way, and for the payment of such costs and charges as may be awarded against him or her.
(b)
The bond shall be filed with the other proceedings in the court and may be sued on by the state for the benefit of any person injured by the breach of it.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5096; Pope's Dig., § 6359; A.S.A. 1947, § 34-1708.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-105 - Form of writ

(a)
Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her.
(b)
(1)
The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or before the circuit judges of the county in which it may be served, if either are within the county.
(2)
The writ shall specify the time and place to which it shall be returned.
(c)
(1)
In a writ of habeas corpus, the person having the custody of the prisoner may be designated either by his or her name of office, if he or she has any, or his or her own name. If both names are uncertain or unknown, he or she may be described by any assumed appellation.
(2)
The person directed to be produced may be designated by his or her name. If his or her name is uncertain or unknown, he or she may be described in any other way so as to designate or identify the person intended.
(d)
Writs of habeas corpus shall not be disobeyed for any defect of form. Anyone who shall be served therewith shall be deemed to be the person to whom it is directed, though it may be directed to him or her by a wrong name, or description, or to another person.
Rev. Stat., ch. 73, art. 1, §§ 10, 11; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5085, 5091, 5092, 5095; Pope's Dig., §§ 6348, 6354, 6355, 6358; A.S.A. 1947, §§ 34-1709 -- 34-1712.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-106 - Service of writ

(a)
The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom it is directed or, in his or her absence from the place where the petitioner is confined, on the person having him or her in immediate custody.
(b)
If the person upon whom the writ ought to be served conceals himself or herself or refuses admittance to the person attempting the service, it may be served by affixing a copy of the writ in some conspicuous place on the outside either of the dwelling house or jail, or place where the party is confined.
(c)
Anyone having in his or her custody or under his or her power any person for whose relief a writ of habeas corpus shall have been issued or who is entitled to a writ of habeas corpus to inquire into the cause of his or her detention who shall transfer the person to the custody of another or place the person under the control or power of another, conceal the person, or change the place of the person's confinement with the intent to elude the service of the writ shall be guilty of a Class A misdemeanor and shall pay the party injured five hundred dollars ($500).
Rev. Stat., ch. 73, art. 2, § 2; Rev. Stat., ch. 73, art. 4, §§ 13, 16; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5097, 5098, 5108; Pope's Dig., §§ 6360, 6361, 6371; A.S.A. 1947, §§ 34-1713 -- 34-1715; Acts 2005, No. 1994, § 225.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-107 - Removal from county within 15 days of term of certain court prohibited - Exception

No person charged with a criminal offense shall be removed by a writ of habeas corpus out of the county in which he or she is confined at any time within fifteen (15) days next preceding the term of the court at which the prisoner ought to be tried, except to convey him or her into the county where the offense with which he or she is charged is properly cognizable.
Rev. Stat., ch. 73, art. 4, § 6; C. & M. Dig., § 5116; Pope's Dig., § 6379; A.S.A. 1947, § 34-1716.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-108 - Return

(a)
The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the further distance. It shall be returned with the person of the petitioner, with the cause of his or her detention or his or her imprisonment stated in the return.
(b)
The officer or other person serving the writ shall leave a copy with the person on whom it is served, upon which the cause of detention shall be stated, and return the original to the proper officer.
(c)
(1)
Every officer or other person upon whom a writ of habeas corpus shall be served shall state in his or her return plainly and unequivocally:
(A)
Whether he or she has or has not the party in his or her custody or under his or her power or restraint;
(B)
If he or she has the party in his or her custody or power or under his or her restraint, the authority and true cause of the imprisonment or restraint, setting forth the same at large; and
(C)
If the person making the return shall have had the party in his or her power or custody or under his or her restraint, at any time before the service of the writ, and has transferred the custody or possession to another, particularly to whom, at what time, for what cause, and by what authority the transfer took place.
(2)
If the party is restrained, imprisoned, or detained by virtue of any writ, order, warrant, or other written authority, a copy thereof shall be annexed to the return. The original shall be exhibited on the return of the writ, to the court or judge to whom it is returnable.
(3)
The return must be signed by the person making the return, and except where the person shall be a sworn officer and shall make his or her return in his or her official capacity, it shall be verified by his or her oath.
Rev. Stat. ch. 73, art. 2, §§ 7, 8; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5099, 5101-5103; Pope's Dig., §§ 6362, 6364-6366; A.S.A. 1947, §§ 34-1717 -- 34-1719.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-109 - Information relating to commitment

(a)
When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ is served to bring with the writ all and every examination and information in his or her hands, possession, custody, or charge, relating to the commitment.
(b)
If no examination shall accompany the commitment nor be in the possession of the officer having the prisoner in custody, the officer shall exhibit the habeas corpus, when served on him or her, to the judge or magistrate by whom the prisoner was committed or the clerk of the court if the papers are in his or her office. It shall be the duty of the judge, magistrate, or clerk to deliver to the officer having the custody of the prisoner the examinations and proofs relating to the offense charged to be returned by the officer with the writ.
(c)
If no examination has been filed with the commitment or in the office of the clerk and none is produced by the committing judge or magistrate upon the exhibition of the writ of habeas corpus to him or her, as provided in subsection (b) of this section, the judge or magistrate shall appear in person at the time and place to which the writ is returnable and, if he or she fails to do so, may be proceeded against by attachment.
Rev. Stat. ch. 73, art. 2, §§ 15-17; C. & M. Dig., §§ 5104-5106; Pope's Dig., §§ 6367-6369; A.S.A. 1947, §§ 34-1720 -- 34-1722; Acts 2005, No. 1994, § 282.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-110 - Failure to produce petitioner

If any person on whom a writ of habeas corpus is served fails to bring the body of the petitioner, with a return of the cause of his or her detention, at the time and place specified in the writ, he or she shall forfeit and pay the prisoner one thousand dollars ($1,000).
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5107; Pope's Dig., § 6370; A.S.A. 1947, § 34-1723.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-111 - Order to produce petitioner

When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the judge may, for good cause shown, direct the officer or person serving the writ to take the applicant into his or her custody and produce him or her on the return of the writ.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5094; Pope's Dig., § 6357; A.S.A. 1947, § 34-1723.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-112 - Failure to produce person because of sickness or infirmity

(a)
Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without danger, be brought before the court or judge before whom the writ is returnable, the person in whose custody he or she is may state the fact in his or her return, verifying the fact by his or her oath. The court or judge, if satisfied of the truth of the allegations, if the return is otherwise sufficient, shall proceed thereon to dispose of the matter in the same manner, as if the prisoner were brought before him or her, except as provided in subsection (b) of this section.
(b)
If, in the case mentioned in subsection (a) of this section, it appears that the prisoner is legally imprisoned or restrained and not bailable, the judge shall proceed no further therein. If the prisoner ought to be held to answer for a bailable offense, an order shall be made accordingly. When it appears the prisoner is entitled to his or her discharge, the judge shall make an order to that effect.
Rev. Stat., ch. 73, art. 3, §§ 22, 23; C. & M. Dig., §§ 5113, 5114; Pope's Dig., §§ 6376, 6377; A.S.A. 1947, §§ 34-1724, 34-1725.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-113 - Denial, allegations, and amendment of return

(a)
The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her discharge. The allegations or denials shall be on oath.
(b)
The return and the allegations made against it may be amended, by leave of the court or judge before whom the writ is returned at any time, that thereby material facts may be ascertained.
Rev. Stat., ch. 73, art. 3, §§ 2, 3; C. & M. Dig., §§ 5109, 5110; Pope's Dig., §§ 6372, 6373; A.S.A. 1947, §§ 34-1726, 34-1727.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-114 - Witnesses

(a)
The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power to compel the attendance of witnesses or to punish a contempt of his or her authority, as a court of record has. His or her judgment on the trial of the writ shall be considered and be enforced as if it were a judgment of the court.
(b)
At the discretion of the judge before whom the writ is returned, the affidavits of witnesses taken by either party, on reasonable notice to his or her agent or attorney, may be read as evidence on the trial of the return. However, no county judge or circuit judge shall hear or permit any evidence on the hearing or examination before him or her, other than the return to the writ, if the process or commitment shall appear regular on its face.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5111, 5112; Pope's Dig., §§ 6374, 6375; A.S.A. 1947, §§ 34-1728, 34-1729.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-115 - Discharge, remand, admission to bail, or other order - Costs

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