reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-208 - Constitutionality

If any provision of this subchapter, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable.
Acts 1941, No. 315, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-209 - Uniformity of interpretation

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Acts 1941, No. 315, § 9; A.S.A. 1947, § 34-1008.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-210 - Short title

This subchapter may be cited as the "Uniform Contribution Among Tortfeasors Act."
Acts 1941, No. 315, § 10; A.S.A. 1947, § 34-1009.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-211 - Repeal

All acts or parts of acts which are inconsistent with the provisions of this subchapter are hereby repealed.
Acts 1941, No. 315, § 11; A.S.A. 1947, § 34-1009n.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 61 - PARTIES (§§ 16-61-101 — 16-61-212) › Subchapter 2 - UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT (§§ 16-61-201 — 16-61-212) › Section 16-61-212 - Emergency clause

Because the passage of this subchapter will invite parties litigant to pursue dilatory tactics in the courts of this state until its effective date in order that they may take advantage of its provisions, contrary to the public health, safety, and welfare, an emergency is hereby declared to exist and this subchapter shall take effect and be in full force from and after its passage and approval.
Acts 1941, No. 315, § 12; A.S.A. 1947, § 34-1009n.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-101 - Survival of actions - Wrongs to person or property

(a)
(1)
For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the wrongdoer, against the executor or administrator of the wrongdoer, in the same manner and with like effect in all respects as actions founded on contracts.
(2)
Nothing in subdivision (a)(1) of this section shall be so construed as to extend its provisions to actions of slander or libel.
(b)
In addition to all other elements of damages provided by law, a decedent's estate may recover for the decedent's loss of life as an independent element of damages.
Rev. Stat., ch. 4, §§ 59, 60; C. & M. Dig., §§ 1070, 1071; Pope's Dig., §§ 1273, 1274; A.S.A. 1947, §§ 27-901, 27-902; Acts 2001, No. 1516, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-103 - Suits involving public officers

No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office or his or her retirement, resignation, or removal from office. In such event the court, on motion or supplemental petition filed at any time within twelve (12) months thereafter, showing the necessity for the survival thereof, to obtain a settlement of the question involved, may allow the action or other proceeding to be maintained by or against his or her successor in office. The court may make such order as shall be equitable for the payment of costs.
Acts 1925, No. 109, § 1; Pope's Dig., § 1253; A.S.A. 1947, § 27-1021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-104 - [Repealed]

Repealed by Act 2013, No. 1148,§ 32, eff. 8/16/2013.
Civil Code, §§ 549, 550; C. & M. Dig., §§ 1053, 1054; Pope's Dig., §§ 1256, 1257; A.S.A. 1947, §§ 27-1001, 27-1002.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-105 - [Repealed]

Repealed by Act 2013, No. 1148,§ 33, eff. 8/16/2013.
Civil Code, §§ 551-556; C. & M. Dig., §§ 1055-1060; Pope's Dig., §§ 1258-1263; A.S.A. 1947, §§ 27-1003 -- 27-1008.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-106 - [Repealed]

Repealed by Act 2013, No. 1148,§ 34, eff. 8/16/2013.
Acts 1851, §§ 1, 2, 4, p. 102; C. & M. Dig., §§ 1050-1052; Pope's Dig., §§ 1252, 1254, 1255; A.S.A. 1947, §§ 27-1009 -- 27-1011.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-107 - Revivor of actions against personal representative of defendant

(a)
An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reasonable continuance as may be necessary to enable the personal representative properly to prepare for trial.
(b)
(1)
An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate.
(2)
An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action.
(3)
No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in §
16-62-108
.
Civil Code, §§ 560, 561; C. & M. Dig., §§ 1064, 1065; Pope's Dig., §§ 1267, 1268; Acts 1963, No. 84, §§ 2, 3; A.S.A. 1947, §§ 27-1015, 27-1016.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-108 - Revivor of actions against plaintiff's representative or successor - Exception

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by §
16-62-107(b)
, whichever shall be longer.
Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-109 - Time for revivor - Effect of expiration

When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor without the consent of both parties, it shall order the action to be stricken from the docket.
Civil Code, § 563; C. & M. Dig., § 1067; Pope's Dig., § 1270; A.S.A. 1947, § 27-1018.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-110 - Failure of plaintiff's representatives to revive after notice - Motion to strike

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived.
Civil Code, § 564; C. & M. Dig., § 1068; Pope's Dig., § 1271; A.S.A. 1947, § 27-1019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 62 - SURVIVAL AND ABATEMENT OF ACTIONS (§§ 16-62-101 — 16-62-111) › Section 16-62-111 - Trial not postponed by revivor

When, by the provisions of §
16-62-110
, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.
Civil Code, § 565; C. & M. Dig., § 1069; Pope's Dig., § 1272; A.S.A. 1947, § 27-1020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-63-101 — 16-63-102) › Section 16-63-101 - Pretrial conferences

(a)
Actions taken at the conference, amendments allowed to the pleadings, rulings of the court, stipulations to be considered in evidence, and agreements made by the parties on any of the matters considered will be made a part of the record in the case.
(b)
Objections may be made and exceptions saved at the time the order is made or when the action is called for trial unless the record entry is reached by agreement of all parties with full understanding of the subject matter agreed upon.
(c)
For the purpose set out in subsections (a) and (b) of this section, if a pretrial conference is ordered by the court, it must be in the county where the cause is pending and after due and reasonable notice of the time and place is given to the litigants or their counsel.
(d)
If the pretrial conference is conducted by agreement of the court and the litigants or their counsel, the pretrial conference may be held at any time and place in the judicial district which may be agreed upon.
(e)
A defendant named in a complaint filed in any of the courts of this state who participates in a pretrial conference held pursuant to the provisions of this section or who avails himself or herself of any of the discovery procedures authorized under §§
16-44-115
-
16-44-120
shall not thereby be deemed or held to have entered his or her general appearance in the cause, nor to have waived his or her right, otherwise existing, to object to the sufficiency of any process or the service thereof, or the jurisdiction of the court over his or her person, or to any defect in the venue as laid in the cause.
Acts 1949, No. 301, §§ 2, 3; 1957, No. 288, § 2; A.S.A. 1947, §§ 27-2402, 27-2403, 28-361.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-63-101 — 16-63-102) › Section 16-63-102 - Deposits in court

(a)
(1)
Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with its directions.
(2)
(A)
The court may direct the sheriff to keep safe any property delivered pursuant to the provisions of this section and may allow him or her the necessary expenses attending the property, to be paid by such party as the court shall direct, and taxed in the costs of the action.
(B)
The court may confide to the sheriff money deposited or paid into court, which shall be kept by him or her under the same requirements and responsibilities of himself or herself and his or her sureties as are provided by this code in respect to money deposited in lieu of bail.
(b)
A court sitting in a county in which, or in any county adjoining which, there is a bank or a branch of a bank, created by the laws of this state or the United States, transacting regular banking business, may order money paid into court to be deposited in that bank or branch to the credit of the court, in the action or proceeding in which the money was paid. Money so deposited shall be paid only upon the check of the clerk of the court annexed to its certified order for the payment and in favor of the person to whom the order directs the payment to be made.
(c)
Money deposited or paid into the court in any action shall not be loaned out by the court unless it is with the consent of all the parties having an interest in or making claim to the money.
Civil Code, §§ 329-333; C. & M. Dig., §§ 1346-1350; Pope's Dig., §§ 1571-1575; A.S.A. 1947, §§ 27-1602 -- 27-1606.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-201 - [Repealed]

Repealed by Act 2013, No. 1148,§ 35, eff. 8/16/2013.
Civil Code, § 105; C. & M. Dig., § 1183; Pope's Dig., § 1405; A.S.A. 1947, § 27-1101.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-202 - [Repealed]

Repealed by Act 2013, No. 1148,§ 36, eff. 8/16/2013.
Acts 1915, No. 290, § 18; C. & M. Dig., § 1186; Pope's Dig., § 1408; A.S.A. 1947, § 27-1104.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-204 - [Repealed]

Repealed by Act 2013, No. 1148,§ 37, eff. 8/16/2013.
Civil Code, § 122; C. & M. Dig., § 1203; Pope's Dig., § 1425; A.S.A. 1947, § 27-1122.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-205 - [Repealed]

Repealed by Act 2013, No. 1148,§ 38, eff. 8/16/2013.
Civil Code, § 118; C. & M. Dig., § 1196; Pope's Dig., § 1418; A.S.A. 1947, § 27-1124.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-206 - Setoffs

(a)
A setoff may be pleaded in any action for the recovery of money and may be a cause of action arising either upon contract or tort.
(b)
In suits by executors or administrators, debts existing against their testators or intestates and owing to the defendant at the time of the death of the testator or intestate may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased.
(c)
Judgments, bills, bonds, notes, or other writings assigned to the defendant after suit has been commenced against him or her shall not be allowed to be set off against the demands of the plaintiff.
(d)
When any plaintiff shall be indebted to a defendant in any bond, bill, note, contract, book account, or other liquidated demand and the defendant fails to set off the debt against the plaintiff's demand, the defendant shall be forever barred from recovering costs in any suit which he or she may thereafter institute upon any such bond, bill, note, contract, book account, or other liquidated demand.
(e)
Where it appears that a new party is necessary to a final decision upon the setoff, the court shall permit the new party to be made, if it also appears that, owing to the insolvency or nonresidence of the plaintiff or other cause, the defendant will be in danger of losing his or her claim unless permitted to use it as a setoff.
Rev. Stat., ch. 139, §§ 2, 3, 7; Civil Code, §§ 119, 120; Acts 1917, No. 267, § 2, p. 1441; C. & M. Dig., §§ 1197-1201; Pope's Dig., §§ 1419-1423; A.S.A. 1947, §§ 27-1125 -- 27-1129.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-207 - [Repealed]

Repealed by Act 2013, No. 1148,§ 39, eff. 8/16/2013.
Civil Code, §§ 143, 144; C. & M. Dig., §§ 1228, 1229; Pope's Dig., §§ 1452, 1453; A.S.A. 1947, §§ 27-1148, 27-1149.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-209 - [Repealed]

Repealed by Act 2013, No. 1148,§ 40, eff. 8/16/2013.
Civil Code, § 138; Acts 1871, No. 48, § 1 [138], p. 219; C. & M. Dig., § 1222; Pope's Dig., § 1446; A.S.A. 1947, § 27-1143.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-210 - [Repealed]

Repealed by Act 2013, No. 1148,§ 41, eff. 8/16/2013.
Civil Code, § 145; C. & M. Dig., § 1230; Pope's Dig., § 1454; A.S.A. 1947, § 27-1145.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-212 - [Repealed]

Repealed by Act 2013, No. 1148,§ 42, eff. 8/16/2013.
Civil Code, § 137; C. & M. Dig., § 1221; Pope's Dig., § 1445; A.S.A. 1947, § 27-1141.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-213 - [Repealed]

Repealed by Act 2013, No. 1148,§ 43, eff. 8/16/2013.
Civil Code, § 140; C. & M. Dig., § 1225; Pope's Dig., § 1449; A.S.A. 1947, § 27-1154.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-214 - [Repealed]

Repealed by Act 2013, No. 1148,§ 44, eff. 8/16/2013.
Civil Code, §§ 150-152; C. & M. Dig., §§ 1234-1236; Pope's Dig., §§ 1458-1460; A.S.A. 1947, §§ 27-1155 -- 27-1157.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-216 - [Repealed]

Repealed by Act 2013, No. 1148,§ 45, eff. 8/16/2013.
Civil Code, § 444; C. & M. Dig., § 6260; Pope's Dig., § 8216; A.S.A. 1947, § 27-1153.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-217 - [Repealed]

Repealed by Act 2013, No. 1148,§ 46, eff. 8/16/2013.
Acts 1915, No. 290, § 18; C. & M. Dig., § 1186; Pope's Dig., § 1408; A.S.A. 1947, § 27-1104.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-218 - Original papers not removed

No original pleading, motion, or deposition shall be permitted to be taken from the office of the clerk of the court unless by the order of the court or judge in each specific instance, but all original papers shall remain in the office subject to the inspection of all interested persons and their attorneys.
Acts 1915, No. 290, § 18; C. & M. Dig., § 1186; Pope's Dig., § 1408; A.S.A. 1947, § 27-1104.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-219 - Fee for discovery of medical records

A party in a civil action who seeks discovery of medical records from a physician or a hospital may be required by the court to pay the person from whom discovery is sought a reasonable fee for processing the records. The fee for processing the records shall not be limited to the expense of copying the records.
Acts 1987, No. 359, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-220 - Reply to action brought by prisoner

(a)
(1)
(A)
Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under Section 1979 of the Revised Statutes of the United States,
42 U.S.C. § 1983
, or any other federal law or state law.
(B)
Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint.
(2)
No relief shall be granted to the plaintiff unless a reply has been filed.
(b)
The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.
Acts 1997, No. 286, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 2 - PLEADINGS (§§ 16-63-201 — 16-63-221) › Section 16-63-221 - Complaint - Amount in controversy

(a)
A plaintiff who files a complaint in a circuit or district court praying for an award of damages may, but is not required to, state an amount in controversy for the purposes of establishing subject-matter jurisdiction and determining if the amount sought is within the jurisdictional limits of the court.
(b)
A declaration allowed by subsection (a) of this section is binding on the plaintiff with respect to the amount in controversy unless the plaintiff subsequently amends the complaint to pray for damages in an amount that exceeds the jurisdictional limits of the court, at which time the amendment is governed by the Arkansas Rules of Civil Procedure.
Acts 2011, No. 336, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 3 - JOINDER (§§ 16-63-301 — 16-63-302) › Section 16-63-301 - [Repealed]

Repealed by Act 2013, No. 1148,§ 47, eff. 8/16/2013.
Civil Code, §§ 103, 104; C. & M. Dig. §§ 1078, 1079; Pope's Dig., §§ 1286, 1287; A.S.A. 1947, §§ 27-1302, 27-1303.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 3 - JOINDER (§§ 16-63-301 — 16-63-302) › Section 16-63-302 - Failure to join actions - Costs

When any plaintiff brings in the same court several suits against the same defendant or defendants for causes of action that may be joined, the plaintiff shall recover only the costs of one (1) action. The costs of the other actions shall be adjudged against him or her unless sufficient reason appears to the court for bringing several actions.
Rev. Stat., ch. 116, § 133; C. & M. Dig., § 1082; Pope's Dig., § 1290; A.S.A. 1947, § 27-1306.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 4 - CONTINUANCE OR DISMISSAL (§§ 16-63-401 — 16-63-407) › Section 16-63-401 - [Repealed]

Repealed by Act 2013, No. 1148,§ 48, eff. 8/16/2013.
Civil Code, § 157; C. & M. Dig., § 1244; Pope's Dig., § 1468; A.S.A. 1947, § 27-1402.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 4 - CONTINUANCE OR DISMISSAL (§§ 16-63-401 — 16-63-407) › Section 16-63-402 - Continuance for absence of evidence or witness

(a)
A motion to postpone a trial on account of the absence of evidence shall, if required by the opposite party, be made only upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to obtain it. If the motion is for an absent witness, the affidavit must show what facts the affiant believes the witness will prove and not merely show the effect of the facts in evidence, that the affiant believes them to be true, and that the witness is not absent by the consent, connivance, or procurement of the party asking the postponement.
(b)
If thereupon the adverse party will admit that on trial the absent witness, if present, would testify to the statement contained in the application for a continuance, then the trial shall not be postponed for that cause. However, the opposite party may controvert the statement so set forth in the motion for continuance by evidence.
Civil Code, § 340; Acts 1879, No. 26, § 1, p. 26; 1887, No. 18, § 1, p. 19; C. & M. Dig., § 1270; Pope's Dig., § 1494; A.S.A. 1947, § 27-1403.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 4 - CONTINUANCE OR DISMISSAL (§§ 16-63-401 — 16-63-407) › Section 16-63-403 - No continuance until costs paid

No order of continuance takes effect until the plaintiff or, if the continuance has been granted upon the motion of the defendant, the defendant has made or secured the payment of all costs of the action, due for the term in which the continuance is granted.
Civil Code, § 775; Acts 1871, No. 48, § 1 [775], p. 219; C. & M. Dig., § 1272; Pope's Dig., § 1496; A.S.A. 1947, § 27-1404.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 4 - CONTINUANCE OR DISMISSAL (§§ 16-63-401 — 16-63-407) › Section 16-63-404 - Dismissal in vacation

The plaintiff or his or her attorney may dismiss any suit, except actions of replevin, pending in any of the courts of this state, in vacation, in the office of the clerk on the payment of all costs that may have accrued therein.
Rev. Stat., ch. 116, § 134; C. & M. Dig., § 1262; Pope's Dig., § 1486; A.S.A. 1947, § 27-1406.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 4 - CONTINUANCE OR DISMISSAL (§§ 16-63-401 — 16-63-407) › Section 16-63-406 - Stay of proceedings in which party or attorney is a member or an employee of the General Assembly

(a)
(1)
Any and all proceedings in suits pending in any of the courts of this state in which any attorney for either party to any suit is the Lieutenant Governor or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all proceedings and suits pending in any of the courts of this state in which the Lieutenant Governor or any member of the General Assembly or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not less than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment, sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly.
(2)
The motion for a continuance need not be reduced to writing.
(3)
It is not necessary that notice be afforded to opposing counsel that a continuance is sought.
(b)
Any and all proceedings and suits pending in any of the courts in this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed or reset if scheduled if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting if the attorney is a member, or an alternate member attending in the place of a regular member, of the committee which is meeting and the attorney requests the continuance of the court no less than three (3) days before the proceeding is to commence.
(c)
The term "adjournment sine die" as used in this section shall mean the adjournment without the establishment of a day certain for reconvening.
(d)
The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly, as well as regular sessions.
Acts 1981, No. 312, § 1; A.S.A. 1947, § 27-1401.1; Acts 1997, No. 1354, § 35.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 4 - CONTINUANCE OR DISMISSAL (§§ 16-63-401 — 16-63-407) › Section 16-63-407 - [Repealed]

Repealed by Act 2013, No. 1148,§ 49, eff. 8/16/2013.
Civil Code, § 102; C. & M. Dig., § 1077; Pope's Dig., § 1285; A.S.A. 1947, § 27-1408.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-501 - Title

This subchapter shall be known as and may be cited as the "Citizen Participation in Government Act".
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-502 - Legislative findings

The General Assembly finds and declares that:
(1)
It is in the public interest to encourage participation by the citizens of the State of Arkansas in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for a redress of grievances;
(2)
The valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process;
(3)
The threat of a civil action for damages in the form of a strategic lawsuit against political participation and the possibility of considerable legal costs can act as a deterrent to citizens who wish to report information to federal, state, or local agencies; and
(4)
Strategic lawsuits against political participation can effectively punish concerned citizens for exercising the constitutional right to speak and petition the government for a redress of grievances.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-503 - Definitions

As used in this subchapter:
(1)
"An act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern" includes, but is not limited to, any written or oral statement, writing, or petition made:
(A)
Before or to a legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; or
(B)
In connection with an issue under consideration or review by a legislative, executive, or judicial body, or other body authorized by a state, regional, county, or municipal government; and
(2)
(A)
"Privileged communication" means a communication made:
(i)
In, to, or about an issue of public concern related to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government;
(ii)
In the proper discharge of an official duty; and
(iii)
By a fair and true report of any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government, or anything said in the course of the proceeding.
(B)
"Privileged communication" also includes:
(i)
All expressions of opinion or criticisms in regard to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; and
(ii)
All criticisms of the official acts of any and all public officers.
(C)
"Privileged communication" does not include a statement or report made with knowledge that it was false or with reckless disregard of whether it was false.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-504 - Immunity from suit

Any person making a privileged communication or performing an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern shall be immune from civil liability, unless a statement or report was made with knowledge that it was false or with reckless disregard of whether it was false.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-505 - Verification requirement

For any claim asserted against a person or entity arising from possible privileged communication or an act by that person or entity that could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern, the party asserting the claim and the party's attorney of record, if any, shall be required to file contemporaneously with the pleading containing the claim a written verification under oath certifying that:
(1)
The party and his or her attorney of record, if any, have read the claim;
(2)
To the best of the knowledge, information, and belief formed after reasonable inquiry of the party or his or her attorney, the claim is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;
(3)
The act forming the basis for the claim is not a privileged communication; and
(4)
The claim is not asserted for any improper purpose such as to suppress the right of free speech or right to petition government of a person or entity, to harass, or to cause unnecessary delay or needless increase in the cost of litigation.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-506 - Failure to properly verify

(a)
If a claim governed by §
16-63-505
is not verified as required by §
16-63-505
, the claim shall be stricken unless it is verified within ten (10) days after the omission is called to the attention of the party asserting the claim or his or her attorney of record.
(b)
(1)
If a claim is verified in violation of §
16-63-505
, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both, an appropriate sanction, which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the claim, including a reasonable attorney's fee.
(2)
Other compensatory damages may be recovered only upon the demonstration that the claim was commenced or continued for the purpose of harassing, intimidating, punishing, or maliciously inhibiting a person or entity from making a privileged communication or performing an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-507 - Procedure

(a)
(1)
All discovery and any pending hearings or motions in an action for a claim governed by §
16-63-505
shall be stayed upon the filing of a motion to dismiss or a motion to strike under §
16-63-506
.
(2)
A hearing on a motion filed under §
16-63-506
shall be conducted not more than thirty (30) days after service unless emergency matters before the court require a later hearing.
(b)
The court, upon motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding the provisions of subsection (a) of this section.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 63 - PLEADINGS AND PRETRIAL PROCEEDINGS (§§ 16-63-101 — 16-63-508) › Subchapter 5 - CITIZEN PARTICIPATION IN GOVERNMENT ACT (§§ 16-63-501 — 16-63-508) › Section 16-63-508 - Other recovery not precluded

Nothing in this subchapter shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, or rule.
Acts 2005, No. 1843, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-101 - [Repealed]

Repealed by Act 2013, No. 1148,§ 50, eff. 8/16/2013.
Civil Code, § 336; C. & M. Dig., § 1263; Pope's Dig., § 1487; A.S.A. 1947, § 27-1701.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-102 - [Repealed]

Repealed by Act 2013, No. 1148,§ 51, eff. 8/16/2013.
Civil Code, §§ 334, 335; Acts 1871, No. 48, § 1 [334, 335], p. 219; C. & M. Dig., §§ 1264, 1265; Pope's Dig., §§ 1488, 1489; A.S.A. 1947, §§ 27-1702, 27-1703.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-103 - [Repealed]

Repealed by Act 2013, No. 1148,§ 52, eff. 8/16/2013.
Civil Code, § 337; C. & M. Dig., § 1266; Pope's Dig., § 1490; A.S.A. 1947, § 27-1704.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-104 - [Repealed]

Repealed by Act 2013, No. 1148,§ 53, eff. 8/16/2013.
Civil Code, § 377; C. & M. Dig., § 1310; Pope's Dig., § 1535; A.S.A. 1947, § 27-1745.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-109 - Superseded

Civil Code, § 825; Acts 1871, No. 48, § 1 [825], p. 219; A.S.A. 1947, § 27-1723.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-110 - Order of trial

When the jury has been sworn, the trial shall proceed in the following order unless the court, for special reasons, otherwise directs:
(1)
The plaintiff must briefly state his or her claim and the evidence by which he or she expects to sustain it;
(2)
The defendant must then briefly state his or her defense and the evidence he or she expects to offer in support of it;
(3)
(A)
The party on whom rests the burden of proof in the whole action must first produce his or her evidence;
(B)
The adverse party will then produce his or her evidence;
(4)
The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case;
(5)
When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be given or refused by the court, and the instructions shall be reduced to writing if either party requires it; and
(6)
The parties may then submit or argue the case to the jury. In the argument the party having the burden of proof shall have the opening and conclusion, and if, upon the demand of his or her adversary, he or she refuses to open and fully state the grounds upon which he or she claims a verdict, he or she shall be refused the conclusion.
Civil Code, § 349; Acts 1875 (Adj. Sess.), No. 92, § 1, p. 174; C. & M. Dig., § 1292; Pope's Dig., § 1517; A.S.A. 1947, § 27-1727.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 64 - TRIAL AND VERDICT (§§ 16-64-101 — 16-64-131) › Section 16-64-111 - [Repealed]

Repealed by Act 2013, No. 237,§ 3, eff. 8/16/2013.
Acts 1973, No. 555, § 2; A.S.A. 1947, § 27-835; Acts 2001, No. 424, § 2.