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 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 1 - APPEALS - NEW SCIENTIFIC EVIDENCE (§§ 16-112-101 — 16-112-123) › Section 16-112-116 - Remand generally

It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either:
(1)
By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction;
(2)
By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction;
(3)
For any contempt especially and plainly charged in the commitment by some court, judge, or body politic having authority by law to commit for contempt so charged; and
(4)
Where the time during which the party may be legally detained has not expired.
Rev. Stat., ch. 73, art. 3, § 6; C. & M. Dig., § 5076; Pope's Dig., § 6339; A.S.A. 1947, § 34-1731.
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 16-112-117 - Admission to bail or remand

Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by them, the judge shall admit him or her to bail, if he or she is entitled to bail, to appear at the court having jurisdiction over the case, or remand him or her to the custody of the proper officer, to be conveyed to the proper county for new proceedings to be had against the prisoner.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5081; Pope's Dig., § 6344; A.S.A. 1947, § 34-1737.
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 16-112-119 - Return of proceedings

The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the writ was heard or the court in which the prosecution, if any, is pending.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5119; Pope's Dig., § 6382; A.S.A. 1947, § 34-1738.
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 16-112-120 - Subsequent imprisonment or commitment prohibited - Exceptions

A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal order or process of the court wherein he or she shall be bound by recognizance to appear or some other court having jurisdiction of the same cause.
Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5117; Pope's Dig., § 6380; A.S.A. 1947, § 34-1739.
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 16-112-121 - Second writ

(a)
If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was remanded for an offense adjudged not bailable, the prisoner shall forthwith be remanded without further proceedings.
(b)
It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge the prisoner, if he or she is clearly and specifically charged in the order remanding him or her or in the warrant of commitment, with a criminal offense. However, the prisoner, on the return of the writ, shall be bailed or remanded to prison, according to the circumstances of the case.
Rev. Stat., ch. 73, art. 4, §§ 7, 8; C. & M. Dig., §§ 5082, 5083; Pope's Dig., §§ 6345, 6346; A.S.A. 1947, §§ 34-1740, 34-1741.
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 16-112-122 - Issuance of writ by judge without application

Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court, shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his or her liberty within the jurisdiction of the court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his or her relief, although no application or petition is presented for writ.
Rev. Stat., ch. 73, art. 1, § 7; C. & M. Dig., § 5090; Pope's Dig., § 6353; A.S.A. 1947, § 34-1742.
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 16-112-123 - Emergency warrant

(a)
(1)
When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relieved by a writ of habeas corpus, any court or judge authorized to issue the writ may issue a warrant reciting the facts and directed to any county sheriff, county coroner, constable, or other person, commanding him or her to take the prisoner and to bring the prisoner forthwith before the court or judge, to be dealt with according to law.
(2)
Where the proof shall also be sufficient to justify the arrest of the person having the prisoner in his or her custody, as for a criminal offense committed in the taking and detaining the prisoner, the warrant shall also contain an order for the arrest of the offender.
(b)
The warrant shall be executed according to the command thereof, and, when the prisoner is brought before the court or judge, the person detaining the prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of habeas corpus had been issued in the first instance.
(c)
If the person having the prisoner in custody is brought before a court or a judge as for a criminal offense, he or she shall be examined, committed, bailed, or discharged in the same manner as in other criminal cases of like nature.
Rev. Stat., ch. 73, art. 4, §§ 1-4; C. & M. Dig., §§ 5121-5124; Pope's Dig., §§ 6384-6387; A.S.A. 1947, §§ 34-1743 -- 34-1746.
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 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 16-112-201 - Writ of Habeas Corpus - New scientific evidence

(a)
Except when direct appeal is available, a person convicted of a crime may commence a proceeding to secure relief by filing a petition in the court in which the conviction was entered to vacate and set aside the judgment and to discharge the petitioner or to resentence the petitioner or grant a new trial or correct the sentence or make other disposition as may be appropriate, if the person claims under penalty of perjury that:
(1)
Scientific evidence not available at trial establishes the petitioner's actual innocence; or
(2)
The scientific predicate for the claim could not have been previously discovered through the exercise of due diligence and the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact-finder would find the petitioner guilty of the underlying offense.
(b)
Nothing contained in this subchapter shall prevent the Supreme Court or the Court of Appeals, upon application by a party, from granting a stay of an appeal to allow an application to the trial court for an evidentiary hearing under this subchapter.
Acts 2001, No. 1780, § 4; 2005, No. 2250, § 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 112 - HABEAS CORPUS (§§ 16-112-101 — 16-112-208) › Subchapter 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 16-112-203 - Contents of motion

(a)
The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain:
(1)
(A)
A statement of the facts and the grounds upon which the petition is based and relief desired.
(B)
All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition.
(C)
The petition may contain argument or citation of authorities;
(2)
An identification of the proceedings in which the petitioner was convicted, including the date of the entry of conviction and sentence or other disposition complained of;
(3)
An identification of any previous proceeding, together with the grounds asserted in the previous proceeding, which sought to secure relief for the petitioner from the conviction and sentence or other disposition; and
(4)
(A)
The name and address of any attorney representing the petitioner.
(B)
If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral.
(b)
The filing of the petition and any related documents and any proceedings pursuant to the petition shall be without any costs or fees charged to the petitioner.
(c)
The petition shall be:
(1)
Verified by the petitioner or signed by the petitioner's attorney; and
(2)
Addressed to the court in which the conviction was entered.
(d)
The circuit clerk shall deliver a copy of the petition to the prosecuting attorney and to the Attorney General.
Acts 2001, No. 1780, § 6.
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 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 16-112-204 - Other pleadings

(a)
Within twenty (20) days after the filing of the petition, the prosecuting attorney or the Attorney General shall respond to the petition by answer or motion which shall be filed with the court and served on the petitioner if unrepresented or served on the petitioner's attorney.
(b)
(1)
No further pleadings are necessary except as the court may order.
(2)
However, the court may at any time prior to its decision on the merits permit:
(A)
A withdrawal of the petition;
(B)
Amendments to the petition; and
(C)
Amendments to the answer.
(3)
The court shall examine the substance of the pleading and shall waive any irregularities or defects in form.
Acts 2001, No. 1780, § 7.
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 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 16-112-205 - Hearing

(a)
Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an order granting the appropriate relief.
(b)
Hearings on a petition filed pursuant to this subchapter shall be open and shall be held in the court in which the conviction was entered.
(c)
(1)
The court may order the petitioner to be present at the hearing.
(2)
If the petitioner is represented by an attorney, the attorney shall be present at any hearing.
(3)
A verbatim record of any hearing shall be made and kept.
(4)
Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence.
(5)
The court may receive evidence in the form of affidavit, deposition, or oral testimony.
(d)
The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition if the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case.
Acts 2001, No. 1780, § 8.
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 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 16-112-206 - Appeals

(a)
The appealing party, within thirty (30) calendar days after the entry of the order, shall file a notice of appeal if the party wishes to appeal.
(b)
(1)
If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General.
(2)
If the appeal is by the state, the service shall be on the petitioner or the petitioner's attorney.
(c)
No fees or bond for costs shall be required for the appeal.
Acts 2001, No. 1780, § 9.
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 2 - OTHER RELIEF - NEW SCIENTIFIC EVIDENCE (§§ 16-112-201 — 16-112-208) › Section 16-112-207 - Appointment of counsel - Latent fingerprinting services

(a)
(1)
A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys.
(2)
The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section.
(b)
(1)
(A)
With the approval of the court, petitioners may use the services of the State Crime Laboratory for latent fingerprinting identification, deoxyribonucleic acid (DNA) testing, and other tests which may become available through advances in technology.
(B)
(i)
If approved by the court, the laboratory shall provide the requested services.
(ii)
Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense.
(iii)
Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing.
(2)
Subdivision (b)(1) of this section shall not apply to any tests before trial of a matter that will be governed by relevant constitutional provisions, statutory law, or court rules.
(c)
The Executive Director of the Arkansas Public Defender Commission and the laboratory shall give priority to claims based on factors including:
(1)
The opportunity for conclusive or near conclusive proof through scientific evidence that the person is actually innocent; and
(2)
A lengthy sentence of imprisonment or a death sentence.
Acts 2001, No. 1780, § 10.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-113-101 — 16-113-104) › Section 16-113-101 - Injunction defined

The injunction provided by the Code of Practice in Civil Cases is a command to refrain from a particular act.
Civil Code, § 293; C. & M. Dig., § 5816; Pope's Dig., § 7532; A.S.A. 1947, § 32-101.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-113-101 — 16-113-104) › Section 16-113-102 - Final judgment or provisional remedy

An injunction may be the final judgment in an action, or may be allowed as a provisional remedy. Where so allowed, it shall be by order.
Civil Code, § 293; C. & M. Dig., § 5791; Pope's Dig., § 7506; A.S.A. 1947, § 32-101.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-113-101 — 16-113-104) › Section 16-113-104 - Writ abolished

The writ of injunction is abolished.
Civil Code, § 293; C. & M. Dig., § 5815; Pope's Dig., § 7531; A.S.A. 1947, § 32-101.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 2 - PROCEEDINGS (§§ 16-113-201 — 16-113-207) › Section 16-113-202 - Affidavits

(a)
On the hearing of an application for an injunction of which notice has been given, each party may read affidavits.
(b)
The affidavits read upon an application for an injunction shall be filed with the papers of the case.
Civil Code, §§ 301, 312; C. & M. Dig., §§ 5789, 5790; Pope's Dig., §§ 7504, 7505; A.S.A. 1947, §§ 32-204, 32-205.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 2 - PROCEEDINGS (§§ 16-113-201 — 16-113-207) › Section 16-113-204 - Order of injunction - Issuance - Service

(a)
The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be dated and signed by the clerk.
(b)
(1)
Where the order of injunction is issued at the commencement of the action, it shall be endorsed upon the summons, and the copy thereof delivered to the county sheriff.
(2)
Where the order of injunction is issued during the litigation, it shall be delivered to him or her with as many copies thereof as there are parties enjoined.
(c)
The county sheriff shall forthwith serve the order of injunction by delivering a copy to each party enjoined and make return thereof on the order.
Civil Code, § 305; C. & M. Dig., § 5817; Pope's Dig., § 7533; A.S.A. 1947, § 32-211.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 2 - PROCEEDINGS (§§ 16-113-201 — 16-113-207) › Section 16-113-205 - Service of order unnecessary where notice given - Party bound upon execution of bond

Where notice of the application for an injunction has been given to the party enjoined, it shall not be necessary to serve the order upon him or her. He or she is bound by the injunction as soon as the bond required of the adverse party is executed.
Civil Code, § 306; C. & M. Dig., § 5818; Pope's Dig., § 7534; A.S.A. 1947, § 32-212.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 2 - PROCEEDINGS (§§ 16-113-201 — 16-113-207) › Section 16-113-206 - Party bound upon notice

An injunction binds the party from the time he or she is informed thereof.
Civil Code, § 307; C. & M. Dig., § 5820; Pope's Dig., § 7536, A.S.A. 1947, § 32-213.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 2 - PROCEEDINGS (§§ 16-113-201 — 16-113-207) › Section 16-113-207 - Not granted when motion overruled - Certificate of refusal

(a)
No injunction shall be granted by a circuit judge after a motion therefor has been overruled by the court.
(b)
A judge refusing an application for an injunction, if requested by the defendant, shall give him or her a certificate thereof.
Civil Code, § 310; C. & M. Dig., §§ 5799, 5800; Pope's Dig., §§ 7515, 7516; A.S.A. 1947, § 32-214; Acts 2003, No. 1185, § 233.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 3 - GRANT (§§ 16-113-301 — 16-113-307) › Section 16-113-301 - Authority to grant - Time of grant

(a)
The injunction may be granted at the commencement of the action or at any time before judgment by the circuit court when it appears by the complaint that the plaintiff is entitled thereto. During litigation, it may be granted by the circuit court when it satisfactorily appears by affidavits that sufficient grounds exist therefor.
(b)
In the absence of the circuit judge from the county, the county judge of any county shall have power to issue orders for injunctions and other provisional writs in his or her county, returnable to the circuit court having jurisdiction. However, each party may have the order reviewed by the circuit judge.
Civil Code, § 295; Acts 1871, No. 48, § 1 [295], p. 219; 1875, No. 100, § 2, p. 219; C. & M. Dig., §§ 5794, 5795; Pope's Dig., §§ 7510, 7511; A.S.A. 1947, §§ 32-102, 32-104; Acts 2003, No. 1185, § 234.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 3 - GRANT (§§ 16-113-301 — 16-113-307) › Section 16-113-304 - Injunction to stay proceedings on judgment or order brought in court rendering judgment or order - Affidavit

An injunction to stay proceedings on a judgment or final order of a court shall not be granted in an action brought by the party seeking the injunction in any other court than that in which the judgment or order was rendered or made, nor shall such injunction be granted by any officer unless the party applying therefor makes affidavit that no injunction has been previously granted to stay the proceedings on the judgment or order.
Civil Code, § 309; C. & M. Dig., § 5788; Pope's Dig., § 7503; A.S.A. 1947, § 32-108.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 3 - GRANT (§§ 16-113-301 — 16-113-307) › Section 16-113-305 - Stay of enforcement of statutes or orders of administrative boards

In all cases where applications are made in any court in this state having jurisdiction thereof to enforce any statute or order of an administrative board or commission of this state, a stay against the enforcement of the statute or order may be issued by the court pending the determination of the suit by the state court.
Acts 1935, No. 94, § 1; Pope's Dig., § 7542; A.S.A. 1947, § 32-105.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 3 - GRANT (§§ 16-113-301 — 16-113-307) › Section 16-113-306 - Illegal or unauthorized taxes and assessments enjoined

The circuit judge for any county may grant injunctions and restraining orders, in all cases of illegal or unauthorized taxes and assessments by county, city, or other local tribunals, boards, or officers. No clerk or deputy clerk shall be authorized to grant restraining orders or injunctions.
Civil Code, § 296; Acts 1871, No. 48, § 1 [296], p. 219; 1873, No. 88, § 1 [296], p. 213; C. & M. Dig., § 5786; Pope's Dig., § 7501, A.S.A. 1947, § 32-106.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 4 - MODIFICATION OR DISSOLUTION (§§ 16-113-401 — 16-113-406) › Section 16-113-401 - Injunctions before final judgment - Control of court

All injunctions granted before final judgment shall be subject to the further order of the court.
Civil Code, § 297; C. & M. Dig., § 5809; Pope's Dig., § 7525; A.S.A. 1947, § 32-301.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 4 - MODIFICATION OR DISSOLUTION (§§ 16-113-401 — 16-113-406) › Section 16-113-402 - Motion to dissolve or modify - Notice

(a)
The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff's complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given.
(b)
After answer filed by the party enjoined, he or she may give notice to the plaintiff of a motion to be made to the court in not less than ten (10) days thereafter, upon the whole case, to dissolve or modify the injunction.
(c)
Upon the motion, each party may read depositions and other competent evidence in writing for the purposes of the motion.
(d)
The court shall not be bound to take the answer as true.
(e)
Only one (1) motion to dissolve or modify an injunction upon the whole case shall be allowed.
Civil Code, §§ 3141/2, 316, 319; Acts 1873, No. 88, § 1 [316], p. 213; C. & M. Dig., §§ 5810, 5811, 5814; Pope's Dig., §§ 7526, 7527, 7530; A.S.A. 1947, §§ 32-302, 32-303.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 4 - MODIFICATION OR DISSOLUTION (§§ 16-113-401 — 16-113-406) › Section 16-113-403 - Continuance of motion to dissolve or modify

(a)
The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper.
(b)
When delay is asked, in order to obtain the testimony of a witness, it must appear by affidavit what facts the witness is expected to prove, that the affiant believes his or her testimony will be true, and that it could not have been obtained by due diligence.
Civil Code, § 317; C. & M. Dig., § 5812; Pope's Dig., § 7528; A.S.A. 1947, § 32-304.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 4 - MODIFICATION OR DISSOLUTION (§§ 16-113-401 — 16-113-406) › Section 16-113-404 - Order upon hearing

After hearing the motion, the court or judge shall overrule the motion, or dissolve or modify the injunction, according to the right of the case.
Civil Code, § 318; C. & M. Dig., § 5813; Pope's Dig., § 7529; A.S.A. 1947, § 32-305.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 4 - MODIFICATION OR DISSOLUTION (§§ 16-113-401 — 16-113-406) › Section 16-113-405 - Assessment of damages upon dissolution of injunction or restraining order

(a)
(1)
Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bond a valid judgment for any and all damages occasioned by the issuance of such injunction or restraining order.
(2)
The court may either appoint a master to report as to the damages, or may render summary judgment therefor, or at its discretion may cause a jury to be empaneled to find the damages.
(b)
Where money is enjoined, the damages may be any rate percent on the amount released by the dissolution which in the discretion of the court may be proper, not exceeding ten percent (10%).
(c)
Where the delivery of property has been delayed by the injunction, the value of the use, hire, or rent thereof shall be assessed.
Civil Code, § 320; Acts 1915, No. 102, § 1; C. & M. Dig., §§ 5822-5824; Pope's Dig., §§ 7538-7540; A.S.A. 1947, §§ 32-307 -- 32-309.
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 113 - INJUNCTIONS (§§ 16-113-101 — 16-113-406) › Subchapter 4 - MODIFICATION OR DISSOLUTION (§§ 16-113-401 — 16-113-406) › Section 16-113-406 - Liability of sureties - Notice

(a)
The judgment for damages shall be rendered against the party who obtained the restraining order or injunction and against his or her sureties on the bond, and the judgment for damages shall be conclusive against them.
(b)
In proceedings under this subchapter, the sureties shall be considered parties in the cause. The court may, in its discretion, require reasonable notice to the sureties before finding and judgment.
Civil Code, § 320; Acts 1915, No. 102, § 2; C. & M. Dig., § 5825; Pope's Dig., § 7541; A.S.A. 1947, § 32-310.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-201 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Action for medical injury" means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section;
(2)
"Medical care provider" means a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home healthcare agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee, or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services; and
(3)
"Medical injury" or "injury" means any adverse consequences arising out of or sustained in the course of the professional services being rendered by a medical care provider to a patient or resident, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
Amended by Act 2013, No. 1196,§ 3, eff. 8/16/2013.
Amended by Act 2013, No. 1196,§ 2, eff. 8/16/2013.
Acts 1979, No. 709, § 1; A.S.A. 1947, § 34-2613.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-202 - Applicability

This subchapter applies to all causes of action for medical injury accruing after April 2, 1979, and, as to such causes of action, shall supersede any inconsistent provision of law.
Acts 1979, No. 709, § 9; A.S.A. 1947, § 34-2620n.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-203 - Statute of limitations

(a)
Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues.
(b)
The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. However, where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.
(c)
(1)
If an individual is nine (9) years of age or younger at the time of the act, omission, or failure complained of, the minor or person claiming on behalf of the minor shall have until the later of the minor's eleventh birthday or two (2) years from the act, omission, or failure in which to commence an action.
(2)
However, if no medical injury is known and could not reasonably have been discovered prior to the minor's eleventh birthday, then the minor or his or her representative shall have until two (2) years after the medical injury is known or reasonably could have been discovered, or until the minor's nineteenth birthday, whichever is earlier, in which to commence an action.
Acts 1979, No. 709, § 4; A.S.A. 1947, § 34-2616; Acts 1991, No. 997, § 1; 1995, No. 735, § 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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-205 - Allegation of damages

(a)
In any action for medical injury, the declaration or other affirmative pleading shall not specify the amount of damages claimed but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed.
(b)
At any time after service of the pleading, the defendant may, by special interrogatory, demand a statement of the amount of damages claimed by the plaintiff, which shall be answered within thirty (30) days.
Acts 1979, No. 709, § 6; A.S.A. 1947, § 34-2618.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-207 - Expert witnesses

In any action for medical injury:
(1)
Rule 702 of the Uniform Rules of Evidence [repealed] shall govern the qualifications of expert witnesses;
(2)
No witness whose compensation for his or her services is in any way dependent on the outcome of the case shall be permitted to give expert testimony; and
(3)
No medical care provider shall be required to give expert opinion testimony against himself or herself as to any of the matters set forth in §
16-114-206
at a trial. However, this shall not apply to discovery. Discovery information can be used at a trial as in other lawsuits.
Acts 1979, No. 709, § 3; A.S.A. 1947, § 34-2615.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-208 - Damage awards - Periodic payment of future damages

(a)
(1)
(A)
The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodial care, loss of services, and loss of earnings or earning capacity.
(B)
Any evidence of damages for the cost of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible.
(2)
The damages awarded may include compensation for pain and suffering and other noneconomic loss recognized by law.
(b)
In the event of a verdict for the plaintiff, the finder of fact shall separately state its awards for both past and future economic losses and for both past and future noneconomic losses.
(c)
(1)
In the event of a judgment for the plaintiff, if the award for future damages exceeds one hundred thousand dollars ($100,000), the court, at the request of either party, shall order that the future damages of the injured person exceeding one hundred thousand dollars ($100,000) be paid, in whole or in part, by periodic payments as determined by the court, rather than by lump-sum payment, on such terms and conditions as the court deems just and equitable in order to protect the plaintiff's rights to future payments.
(2)
As a condition to authorizing periodic payments of future damages, the court may order a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages.
(3)
In the event of the death of the injured person prior to completion of installment payments of principal and interest upon motion of any party in interest, the court shall modify the order by deducting from the remaining balance the amount representing unpaid compensation for future pain and suffering and future expenses of care and by ordering the remainder to be paid into and become a part of the estate of the decedent.
Acts 1979, No. 709, § 7; A.S.A. 1947, § 34-2619; Acts 2003, No. 649, §§ 19, 20.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-209 - False and unreasonable pleadings

(a)
If any action for medical injury is filed without reasonable cause, the party or attorney who signed the complaint shall thereafter, as determined by the court, be subject to:
(1)
The payment of reasonable costs, including attorney's fees, incurred by the other party by reason of the pleading; and
(2)
Appropriate sanctions.
(b)
(1)
In all cases where expert testimony is required under §
16-114-206
, reasonable cause for filing any action for medical injury due to negligence shall be established only by the filing of an affidavit that shall be signed by an expert engaged in the same type of medical care as is each medical care provider defendant.
(2)
The affidavit shall be executed under oath and shall state with particularity:
(A)
The expert's familiarity with the applicable standard of care in issue;
(B)
The expert's qualifications;
(C)
The expert's opinion as to how the applicable standard of care has been breached; and
(D)
The expert's opinion as to how the breach of the applicable standard of care resulted in injury or death.
(3)
(A)
The plaintiff shall have thirty (30) days after the complaint is filed with the clerk to file the affidavit before the provisions of subsection (a) of this section apply.
(B)
If the affidavit is not filed within thirty (30) days after the complaint is filed with the clerk, the complaint shall be dismissed by the court.
Acts 1979, No. 709, § 8; A.S.A. 1947, § 34-2620; Acts 2003, No. 649, § 21.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-210 - Employed medical care provider

When a medical care provider is a codefendant with a medical care facility in an action for medical injury, and the only reason for naming the facility as a defendant is that the defendant medical care provider practices in the facility, the plaintiff shall have the burden of proving that the defendant medical care provider is the employee of the facility before the facility may be held liable for the medical care provider's negligence, if any is proven.
Acts 2003, No. 649, § 22.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-211 - Surveys and inspection reports as evidence

The results of any surveys or inspections by state or federal regulators, or by accrediting organizations, that are not otherwise privileged and that the plaintiff seeks to use as evidence against a medical care provider must be relevant to the plaintiff's injury to be admissible at trial.
Acts 2003, No. 649, § 22.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-212 - Tolling of the statute of limitations

(a)
If a plaintiff serves written notice of intention to file an action for medical injury within thirty (30) days prior to the expiration of the applicable statute of limitations, the statute of limitations shall be tolled for ninety (90) days only if the following conditions are met:
(1)
The written notice shall be served by certified mail, return receipt requested, upon the medical care provider alleged to have caused the medical injury;
(2)
The written notice shall include the following:
(A)
The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number;
(B)
The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and
(C)
The names and addresses of the known medical care providers relating to the alleged medical injury; and
(3)
An authorization to release medical records signed by the plaintiff, which shall authorize the medical care provider alleged to be liable to obtain pertinent medical records, shall be attached to the notice.
(b)
Failure to comply with any of the requirements set forth in subsection (a) of this section shall be deemed to be material and shall result in the statute of limitation's not being tolled.
(c)
(1)
If the plaintiff files an action for medical injury during this tolling period without the requisite affidavit required by §
16-114-209(b)(1) and (2)
, the complaint shall be dismissed and costs, attorney's fees, and appropriate sanctions as determined by the court shall be assessed.
(2)
The provisions of §
16-114-209(b)(3)
do not apply to cases filed during the tolling period.
(d)
(1)
If a request for the production of copies of the medical records accompanies the written notice of intention to file an action for medical injury in accordance with subsection (a) of this section, and if copies of those medical records are not provided within thirty (30) days of receipt of the notice, then the plaintiff may file an independent expedited declaratory action seeking a declaration that the medical care provider failed to produce the medical records within the thirty-day period.
(2)
(A)
If the court finds that copies of the medical records were not produced as required by this subsection, the statute of limitations shall be tolled for a period of seventy-five (75) days from the date of the production of the copies of the medical records.
(B)
If the court finds that the failure to produce copies of the requested medical records is without good cause, the court shall award the plaintiff his or her reasonable costs and attorney's fees for the declaratory judgment action.
Acts 2003, No. 649, § 22.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 2 - ACTIONS FOR MEDICAL INJURY (§§ 16-114-201 — 16-114-213) › Section 16-114-213 - Sole remedy

This subchapter is the sole remedy with respect to any action for medical injury against a medical care provider.
Added by Act 2013, No. 1196,§ 4, eff. 8/16/2013.
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 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 3 - ACCOUNTANTS AND ATTORNEYS (§§ 16-114-301 — 16-114-303) › Section 16-114-301 - Applicability

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987.
Acts 1987, No. 661, § 3.