reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-105 - Certificate of acknowledgment

Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any married woman in any conveyance of the real estate of her husband, shall grant a certificate thereof and cause the certificate to be endorsed on the deed, instrument, conveyance, or relinquishment of dower, which certificate shall be signed by the clerk of the court where probate is taken in court or by the officer before whom the probate is taken and sealed, if he has a seal of office.
Rev. Stat., ch. 31, § 16; C. & M. Dig., § 1519; Pope's Dig., § 1828; A.S.A. 1947, § 49-206.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-106 - Manner of making acknowledgment - Proof of deed or instrument - Proof of identity of grantor or witness

(a)
The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he had executed the deed or instrument for the consideration and purposes therein mentioned and set forth.
(b)
When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his presence that he had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he had subscribed the deed or instrument as a witness at the request of the grantor.
(c)
If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section, and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses, which evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature.
(d)
When any grantor in any deed or instrument that conveys real estate, or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his identity and his being the person he purports to be on the face of such instrument of writing shall be proven to the court or officer, which proof may be made by witnesses known to the court or officer, or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing.
Rev. Stat., ch. 31, §§ 17-20; C. & M. Dig., §§ 1520-1523; Pope's Dig., §§ 1829, 1830, 1832, 1833; A.S.A. 1947, §§ 49-207 -- 49-210.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-108 - Validation of instruments affecting title to property

All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual:
(1)
Because of failure to comply with §
18-12-403
; or
(2)
Because the officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; or
(3)
Because the officer failed or omitted to attach his seal to such certificate; or
(4)
Because the officer attached to any such certificate a seal not bearing the words and devices required by law; or
(5)
Because the officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; or
(6)
Because the notary public failed to state the date of the expiration of his commission on the certificate of acknowledgment, or incorrectly stated it thereon; or
(7)
Because the officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or
(8)
Because the acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned;
shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer.
Acts 1955, No. 101, § 1; A.S.A. 1947, § 49-213.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-109 - Validation of acknowledgments of personnel of armed forces

All acknowledgments taken before March 20, 1945, and subscribed by officers of the United States armed forces acknowledging the signatures of soldiers in the armed forces are validated in every respect.
Acts 1945, No. 263, § 1; A.S.A. 1947, § 49-214.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-47-101 — 16-47-110) › Section 16-47-110 - Recorded deed or written instrument affecting real estate

(a)
Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution.
(b)
If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof or a transcript of the record certified by the recorder may be read in evidence without further proof of execution.
(c)
Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted.
Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 -- 28-921.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-201 - Acknowledgment of instruments

Any instrument may be acknowledged in the manner and form provided by the laws of this state, or as provided by this act.
Acts 1943, No. 169, § 1; A.S.A. 1947, § 49-101.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-202 - Officials authorized to take within the state

The acknowledgment of any instrument may be made in this state before:
(1)
A judge of a court of record or before any former judge of a court of record who served at least four (4) or more years;
(2)
A clerk of any court of record;
(3)
A commissioner or registrar or recorder of deeds;
(4)
A notary public;
(5)
A justice of the peace; or
(6)
A master in chancery or registrar in chancery.
Acts 1943, No. 169, § 2; 1983, No. 850, § 3; A.S.A. 1947, § 49-102.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-203 - Officials authorized to take within the United States

The acknowledgment of any instrument may be without the state but within the United States or a territory or insular possession of the United States and within the jurisdiction of the officer, before:
(1)
A clerk or deputy clerk of any federal court;
(2)
A clerk or deputy clerk of any court of record of any state or other jurisdiction;
(3)
A notary public;
(4)
A commissioner of deeds;
(5)
Any person authorized by the laws of such other jurisdiction to take acknowledgments.
Acts 1943, No. 169, § 3; 1957, No. 411, § 1; A.S.A. 1947, § 49-103.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-204 - Officials authorized to take without the United States

The acknowledgment of any instrument may be made without the United States before:
(1)
An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice-consul, commercial attache, or consular agent of the United States accredited to the country where the acknowledgment is made.
(2)
A notary public of the country where the acknowledgment is made.
(3)
A judge or clerk of a court of record of the country where the acknowledgment is made.
Acts 1943, No. 169, § 4; A.S.A. 1947, § 49-104.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-205 - Proof of identity of person making

The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument.
Acts 1943, No. 169, § 5; A.S.A. 1947, § 49-105.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-206 - Acknowledgment by a married woman

An acknowledgment by a married woman may be made in the same form as though she were unmarried.
Acts 1943, No. 169, § 6; A.S.A. 1947, § 49-106.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-207 - [Repealed]

Repealed by Act 2013, No. 999,§ 2, eff. 4/8/2013.
Acts 1943, No. 169, § 7; A.S.A. 1947, § 49-107.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-208 - Execution of certificate by officer

The certificate of the acknowledging officer shall be completed by his signature, his official seal if he has one, the title of his office, and if he is a notary public, the date his commission expires.
Acts 1943, No. 169, § 8; A.S.A. 1947, § 49-108.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-209 - Authentication of acknowledgments

(a)
If the acknowledgment is taken within this state or is made without this state but in the United States by one (1) of the officers designated in §
16-47-203
, or without the United States by an officer of the United States, no authentication shall be necessary.
(b)
If the acknowledgment is made without the United States and by a notary public or a judge or clerk of a court of record of the country where the acknowledgment is made, the certificate shall be authenticated by a certificate under the great seal of state of the country, affixed by the custodian of such seal, or by a certificate of a diplomatic, consular, or commercial officer of the United States accredited to that country, certifying as to the official character of such officer.
Acts 1943, No. 169, § 9; 1957, No. 411, § 2; 1971, No. 365, § 1; A.S.A. 1947, § 49-109.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-210 - Acknowledgments under laws of other states

Notwithstanding any provision in this act contained, the acknowledgment of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or in the District of Columbia, or in the Philippine Islands, verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state.
Acts 1943, No. 169, § 10; 1971, No. 365, § 2; A.S.A. 1947, § 49-110.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-211 - Validation of unauthenticated writings affecting title to property

All deeds, conveyances, deeds of trust, mortgages, mineral leases, marriage contracts, and other instruments in writing, affecting or purporting to affect title to any real estate or personal property situated in this state, which have been recorded or executed prior to July 19, 1971, and which may be defective or ineffectual because of the failure to have the authentication formerly required by Acts 1943, No. 169, §§ 9 and 10, prior to these amendments, shall be binding and effectual as though such instruments contained the required authentication.
Acts 1971, No. 365, § 3; A.S.A. 1947, § 49-110.1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-212 - Act cumulative

This act shall be cumulative to other acts of the General Assembly relating to acknowledgments.
Acts 1971, No. 365, § 4; A.S.A. 1947, § 49-110.2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-214 - Acknowledgments previously taken unaffected

No acknowledgment heretofore taken shall be affected by anything contained in this act.
Acts 1943, No. 169, § 12; A.S.A. 1947, § 49-112.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-215 - Uniformity of interpretation

This act shall be so interpreted as to make uniform the laws of those states which enact it.
Acts 1943, No. 169, § 13; A.S.A. 1947, § 49-113.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-216 - Title of act

This act may be cited as the "Uniform Acknowledgment Act".
Acts 1943, No. 169, § 14; A.S.A. 1947, § 49-114.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-217 - Validation of prior acknowledgments - Construction of uniform act

It is the intent and purpose of this section that all acknowledgments taken subsequent to Acts 1957, No. 411 either in accordance with the Uniform Acknowledgment Act or in accordance with the laws of this state in effect at the time of adoption of the Uniform Acknowledgment Act be cured and validated for all purposes; and that neither Acts 1957, No. 411 nor the Uniform Acknowledgment Act to which it is amendatory shall be construed to repeal or modify any laws relative to the taking of acknowledgments and the authentication thereof which were in effect in this state at the time of adoption of the Uniform Acknowledgment Act, but that the Uniform Acknowledgment Act shall be deemed to provide an alternative system for taking and authenticating acknowledgments.
Acts 1959, No. 127, § 2; A.S.A. 1947, § 49-115.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 47 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 16-47-101 — 16-47-218) › Subchapter 2 - UNIFORM ACKNOWLEDGMENT ACT (§§ 16-47-201 — 16-47-218) › Section 16-47-218 - Validation of acknowledgments - Construction of acts

All acknowledgments taken subsequent to Acts 1959, No. 127 either in accordance with the Uniform Acknowledgment Act or in accordance with the laws of this state in effect at the time of adoption of the Uniform Acknowledgment Act are cured and validated for all purposes; and neither Acts 1959, No. 127 nor the Uniform Acknowledgment Act shall be construed to repeal or modify any laws relative to the taking of acknowledgments and the authentication thereof which were in effect in this state at the time of adoption of the Uniform Acknowledgment Act, but that the Uniform Acknowledgment Act shall be deemed to provide an alternative system for taking and authenticating acknowledgments.
Acts 1971, No. 352, § 1; A.S.A. 1947, § 49-115.1.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-101 - Title of code

This code shall be known as the "Code of Practice in Civil Cases" in this state.
Civil Code, Preliminary Provisions, § 1; A.S.A. 1947, § 27-101.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-103 - Applicability of code

(a)
Except as otherwise provided by law, this code shall regulate the procedure in all civil actions and proceedings in the courts of this state.
(b)
Except as otherwise provided by law, the provisions of this code shall apply to and regulate the proceedings of all the courts of this state, though not expressly enumerated, and of all that may hereafter be created.
Civil Code, §§ 780, 796; C. & M. Dig., § 1026; Pope's Dig., § 1228; A.S.A. 1947, §§ 27-102, 27-103.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-104 - Construction of code

(a)
The rule of common law that statutes in derogation of the common law are to be strictly construed shall not be applied to the code.
(b)
The provisions of the code, and all proceedings under it, shall be liberally construed, with a view to promote its object and to assist the parties in obtaining justice.
Civil Code, § 856; C. & M. Dig., § 9751; Pope's Dig., § 13277; A.S.A. 1947, § 27-131.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-105 - Amendment or repeal of code

No act shall have the effect to amend or repeal or be construed as amending or repealing any title, chapter, article, section, clause, or provision of this code unless the intention is expressly stated, and the title, chapter, article, or section shall be particularly referred to and recited in the act amending or repealing it.
Civil Code, § 858; C. & M. Dig., § 9753; Pope's Dig., § 13279; A.S.A. 1947, § 27-134.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-108 - Authority of deputies

Any duty enjoined by this code upon a ministerial officer and any act permitted to be done by him or her may be performed by his or her lawful deputy.
Civil Code, § 781, C. & M. Dig., § 9754; Pope's Dig., § 13280; A.S.A. 1947, § 27-132.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-110 - Boards - Authority of majority

An authority conferred upon three (3) or more persons may be exercised by a majority of them and a majority of three (3) or more persons may do any act directed to be performed by them.
Civil Code, § 782; C. & M. Dig., § 9755; Pope's Dig., § 12511; A.S.A. 1947, § 27-133.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-111 - Classes of remedies

Remedies in civil cases are divided into two (2) classes:
(1)
Actions;
(2)
Special proceedings.
Civil Code, Preliminary Provisions, § 2; C. & M. Dig., § 1027; Pope's Dig., § 1229; A.S.A. 1947, § 27-105.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-112 - Authority to grant provisional remedy

A provisional remedy as provided in this code may be granted only by the judge of the court in which the action is brought, or by any circuit judge.
Civil Code, § 791; Acts 1871, No. 48, § 1 [791], p. 219; 1873, No. 88 [791], p. 213; C. & M. Dig., § 5793; Pope's Dig., § 7509; A.S.A. 1947, § 27-108.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-113 - Writ of ne exeat abolished

The writ of ne exeat as a remedy in a civil action is abolished.
Civil Code, § 790; C. & M. Dig., § 1040; Pope's Dig., § 1242; A.S.A. 1947, § 27-202.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-114 - Notices - Form - Service generally

(a)
(1)
The notices mentioned in this code shall be in writing and may be served by a sheriff, constable, coroner, or marshal of a town or city, whose return thereon shall be proof of the service.
(2)
Notices may also be served by any person not a party or interested in the action or proceeding, whose affidavit shall be proof of the service, or by acknowledgment thereon in writing by the party upon whom served.
(b)
The service of a notice shall be by giving a copy to the person to whom it is directed, or if he or she cannot be found at his or her usual place of abode, by leaving a copy there with a person over the age of sixteen (16) years residing in the same family with him or her, or if no such person is there, then by affixing a copy to the front door of the place of abode. If the person to whom the notice is directed cannot be found and has no known place of abode in this state, the notice may be served by delivering a copy to his or her attorney.
(c)
The return of the officer or the affidavit of the person who served the notice shall state the time and manner of the service. If a copy of the notice is not given to the person to whom it is directed, the return or affidavit shall state the facts authorizing the manner of service pursued.
Civil Code, §§ 706, 707; C. & M. Dig., §§ 1327, 1328; Pope's Dig., §§ 1552, 1553; A.S.A. 1947, §§ 27-1203, 27-1204.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-115 - Notice - Additional method of service

(a)
Wherever, in connection with the taking of depositions, the filing of motions, or in any other matters either during the pendency of a suit or prior to a litigation, the law requires the service of notice by one (1) person upon another, except in the case of service of a summons, that notice may be served by registered or certified mail, addressed to the person to be served at his or her last known address, or to his or her attorney, if he or she has an attorney employed in connection with the matter in which the notice is to be served, with return receipt requested. The return receipt of the person or his or her attorney or the affidavit of the person making the service shall be evidence of service of the notice.
(b)
(1)
This section shall be cumulative of present methods provided by law for service of notice.
(2)
Service shall be sufficient by:
(A)
The method provided for in this section;
(B)
Any method authorized by law prior to June 13, 1957; or
(C)
Waiver in writing of service.
Acts 1957, No. 288, § 3; A.S.A. 1947, § 27-1212.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-116 - Notice - Service upon certain persons

(a)
(1)
Where it is not otherwise specially provided, notice to a party in an action of any motion or proceeding to be made or taken in the action in court or before a judge may be served upon the party or his or her attorney.
(2)
The service upon the attorney in any such case shall be by delivering to him or her a copy of the notice.
(b)
A notice to a person constructively summoned and not appearing shall be served on the attorney appointed to defend for him or her.
(c)
A notice to an infant or person of unsound mind shall be served on the guardian or next friend bringing or defending the action for him or her.
(d)
A notice to a corporation may be served in the same manner as a summons in an action against it.
(e)
Where the party has no known place of abode in this state and no attorney in the county where the action is pending, or where the parties, plaintiffs, or defendants are numerous, the court may direct the mode of serving notices and to which persons they shall be given.
Civil Code, §§ 708-710, 712, 713; C. & M. Dig., §§ 1329-1331, 1333, 1334; Pope's Dig., §§ 1554-1556, 1558, 1559; A.S.A. 1947, §§ 27-1205 -- 27-1207, 27-1209, 27-1210.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-117 - Notice - Duty of officer serving

(a)
It shall be the duty of the sheriff and of every constable to whom any notice in an action may be delivered for service within his or her county to serve and return the notice to the party who delivered it to him or her.
(b)
A failure to perform this duty may be punished as a disobedience of the process of the court.
Civil Code, § 715; C. & M. Dig., § 1336; Pope's Dig., § 1561; A.S.A. 1947, § 27-1211.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-118 - Laws requiring notice or summons for specified time before term amended to permit action taken on any day court is in session

Whether specifically mentioned in this act or not, any law or part of a law requiring notice or summons to be served or published a specific length of time before the beginning of a term before the steps authorized in the law may be had at such terms in any civil or special proceeding is hereby amended to permit such steps to be taken on any day that the court meets in regular or adjourned session after the expiration of the time required in the law for service.
Acts 1915, No. 290, § 23; C. & M. Dig., § 1210; Pope's Dig., § 1433; A.S.A. 1947, § 27-135.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-119 - Computation of time

Where a certain number of days are required to intervene between two (2) acts, the day of one (1) only of the acts may be counted.
Civil Code, § 784; C. & M. Dig., § 9756; Pope's Dig., § 13281; A.S.A. 1947, § 27-130.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-120 - Affirmation in lieu of oath

Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect.
Civil Code, § 783; A.S.A. 1947, § 27-126.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-121 - Successive actions on same contract or transaction

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action has arisen therefrom.
Civil Code, § 789; C. & M. Dig., § 1083; Pope's Dig., § 1291; A.S.A. 1947, § 27-136.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-122) › Section 16-55-122 - Contract provisions restricting disclosure of environmental hazards are void

(a)
Any provision of a contract or agreement entered into to settle a lawsuit which purports to restrict any person's right to disclose the existence or harmfulness of an environmental hazard is declared to be against the public policy of the State of Arkansas and therefore void.
(b)
For purposes of this section, the term "environmental hazard" means a substance or condition that may affect land, air, or water in a way that may cause harm to the property or person of someone other than the contracting parties to a lawsuit settlement contract referred to in subsection (a) of this section.
(c)
This section applies to settlement contracts or agreements entered into after March 12, 1991.
Acts 1991, No. 470, §§ 1-3.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-201 - Modification of joint and several liability

(a)
In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint.
(b)
(1)
Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.
(2)
A separate several judgment shall be rendered against that defendant for that amount.
(c)
(1)
To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault.
(2)
That amount shall be the maximum recoverable against that defendant.
Acts 2003, No. 649, § 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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-202 - Assessment of percentages of fault

(a)
In assessing percentages of fault, the fact finder shall consider the fault of all persons or entities who contributed to the alleged injury or death or damage to property, tangible or intangible, regardless of whether the person or entity was or could have been named as a party to the suit.
(b)
(1)
Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defending party gives notice that a nonparty was wholly or partially at fault not later than one hundred twenty (120) days prior to the date of trial.
(2)
The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonparty's name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault.
(c)
(1)
Except as expressly stated in this section, nothing in this section shall eliminate or diminish any defenses or immunities which currently exist.
(2)
Assessments of percentages of fault of nonparties shall be used only for accurately determining the percentage of fault of named parties.
(3)
Where fault is assessed against nonparties, findings of fault shall not subject any nonparty to liability in any action or be introduced as evidence of liability in any action.
Acts 2003, No. 649, § 2.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-203 - Increase in percentage of several share

(a)
(1)
Notwithstanding the provisions of §§
16-55-201
and
16-55-202
, in the event a several judgment has been entered against multiple-party defendants, a plaintiff may move the court no later than ten (10) days after the entry of judgment to determine whether all or part of the amount of the several share for which a defendant is liable will not be reasonably collectible.
(2)
If the court determines, based upon a preponderance of the evidence, that any defendant's several share or multiple defendants' several shares will not be reasonably collectible, the court shall increase the percentage points of the several shares of each of the remaining defendants, subject to the limitations in subdivisions (a)(3) and (4) of this section.
(3)
(A)
If a defendant's percentage of fault is determined by the finder of fact to be ten percent (10%) or less, then the percentage points of that defendant's several share shall not be increased.
(B)
If a defendant's percentage of fault is determined by the finder of fact to be greater than ten percent (10%) but less than fifty percent (50%), then the percentage points of that defendant's several share shall be increased by no more than ten (10) percentage points.
(C)
If a defendant's percentage of fault is determined by the finder of fact to be fifty percent (50%) or greater, then the percentage points of that defendant's several share shall be increased by no more than twenty (20) percentage points.
(4)
Under no circumstances shall the combined percentage points of the remaining defendants' several shares exceed the lesser of:
(A)
A total of one hundred (100) percentage points; or
(B)
The total number of percentage points remaining after deducting the percentage of fault of the plaintiff, if any.
(5)
Any defendant whose several share has been increased pursuant to this section, and who has discharged his or her obligation to pay the increased several share, has a right of contribution from the defendants whose several shares were determined by the court to be not reasonably collectible.
(b)
The provisions of subsection (a) of this section shall not apply to any punitive damages award or judgment.
Acts 2003, No. 649, § 3.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-204 - Applicability of section 16-55-203

The provisions of §
16-55-203
shall not apply to a medical care provider who is named as a defendant in an action for personal injury, medical injury, or wrongful death based solely on his or her capacity as a medical director of a long-term care facility.
Acts 2003, No. 649, § 4.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-205 - Acting in concert

(a)
Notwithstanding §
16-55-201
, a party is responsible for the fault of another person or entity or for payment of the proportionate share of another person or entity if both the party and the other person or entity were acting in concert or if the other person or entity was acting as an agent or servant of the party.
(b)
(1)
As used in this section, "acting in concert" means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort.
(2)
"Acting in concert" does not mean the act of any person or entity whose conduct was negligent in any degree other than intentional.
(3)
A person's or entity's conduct which provides substantial assistance to one committing an intentional tort does not constitute "acting in concert" if the person or entity has not consciously agreed with the other to commit the intentional tort.
Acts 2003, No. 649, § 5.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-206 - Standards for award of punitive damages

In order to recover punitive damages from a defendant, a plaintiff has the burden of proving that the defendant is liable for compensatory damages and that either or both of the following aggravating factors were present and related to the injury for which compensatory damages were awarded:
(1)
The defendant knew or ought to have known, in light of the surrounding circumstances, that his or her conduct would naturally and probably result in injury or damage and that he or she continued the conduct with malice or in reckless disregard of the consequences, from which malice may be inferred; or
(2)
The defendant intentionally pursued a course of conduct for the purpose of causing injury or damage.
Acts 2003, No. 649, § 9.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-207 - Burden of proof for award of punitive damages

A plaintiff must satisfy the burden of proof required under §
16-55-206
by clear and convincing evidence in order to recover punitive damages from the defendant.
Acts 2003, No. 649, § 10.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-208 - Limitations on the amount of punitive damages

(a)
Except as provided in subsection (b) of this section, a punitive damages award for each plaintiff shall not be more than the greater of the following:
(1)
Two hundred fifty thousand dollars ($250,000); or
(2)
Three (3) times the amount of compensatory damages awarded in the action, not to exceed one million dollars ($1,000,000).
(b)
Subsection (a) of this section shall not apply when the finder of fact:
(1)
Determines by clear and convincing evidence that, at the time of the injury, the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage; and
(2)
Determines that the defendant's conduct did, in fact, harm the plaintiff.
(c)
As to the punitive damages limitations established in subsection (a) of this section, the fixed sums of two hundred fifty thousand dollars ($250,000) set forth in subdivision (a)(1) of this section and one million dollars ($1,000,000) set forth in subdivision (a)(2) of this section shall be adjusted as of January 1, 2006, and at three-year intervals thereafter, in accordance with the Consumer Price Index rate for the previous year as determined by the Administrative Office of the Courts.
Acts 2003, No. 649, § 11; 2003, No. 1471, § 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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-209 - No right to punitive damages

Nothing in §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
,
16-114-209
, and
16-114-210
-
16-114-212
shall be construed as creating a right to an award of punitive damages.
Acts 2003, No. 649, § 12.
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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-210 - No limitation on certain judicial duties

Nothing in §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
,
16-114-209
, and
16-114-210
-
16-114-212
shall limit the duty of a court or the appellate courts to:
(1)
Scrutinize all punitive damages awards;
(2)
Ensure that all punitive damages awards comply with applicable procedural, evidentiary, and constitutional requirements; and
(3)
Order remittitur where appropriate.
Acts 2003, No. 649, § 13.