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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-211 - Bifurcated proceeding

(a)
(1)
In any case in which punitive damages are sought, any party may request a bifurcated proceeding at least ten (10) days prior to trial.
(2)
If a bifurcated proceeding has been requested by either party, then:
(A)
The finder of fact first shall determine whether compensatory damages are to be awarded; and
(B)
After a compensatory damages award determination, the finder of fact then shall determine whether and in what amount punitive damages will be awarded.
(b)
Evidence of the financial condition of the defendant and other evidence relevant only to punitive damages is not admissible with regard to any compensatory damages determination.
Acts 2003, No. 649, § 14.
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 16-55-212 - Compensatory damages

(a)
Section
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
do not limit compensatory damages.
(b)
Any evidence of damages for the costs of any necessary medical care, treatment, or services received shall include only those costs actually paid by or on behalf of the plaintiff or which remain unpaid and for which the plaintiff or any third party shall be legally responsible.
Acts 2003, No. 649, § 15.
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— 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-213 - [Repealed]

Repealed by Act 2015, No. 830,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1315,§ 1, eff. 4/18/2013.
Acts 2003, No. 649, § 16.
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 16-55-214 - Maximum appeal bond in civil litigation

(a)
Appeal bonds shall be determined under §
16-68-301
et seq., and Arkansas Rules of Appellate Procedure - Civil, Rule 8, except that the maximum appeal bond that may be required in any civil action under any legal theory shall be limited to twenty-five million dollars ($25,000,000), regardless of the amount of the judgment.
(b)
If a party proves by a preponderance of the evidence that the party who has posted a bond in accordance with subsection (a) of this section is purposely dissipating or diverting assets outside of the ordinary course of its business for the purpose of evading ultimate payment of the judgment, the court may enter orders as are necessary to prevent dissipation or diversion, including requiring that a bond be posted equal to the full amount of the judgment.
(c)
Notwithstanding the provisions of §
16-55-220
, the maximum appeal bond for any cause of action brought under any legal theory shall be limited to twenty-five million dollars ($25,000,000), regardless of the amount of the judgment or the date the cause of action accrued, subject to the provisions of §
16-55-214(b)
.
Acts 2003, No. 649, § 17; 2005, No. 1380, § 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 16-55-215 - Burden of proof

Section 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
do not amend the existing law that provides that the burden of alleging and proving fault is upon the person who seeks to establish fault.
Acts 2003, No. 649, § 6.
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 16-55-216 - Comparative fault

Section 16 -55-201 et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
do not amend existing law that provides that a plaintiff may not recover any amount of damages if the plaintiff's own fault is determined to be fifty percent (50%) or greater.
Acts 2003, No. 649, § 7.
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 16-55-217 - Cause of action not created

(a)
Section
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
do not create a cause of action.
(b)
Section
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-14-209
-
16-114-212
do not alter the defenses or immunity of any person or entity.
Acts 2003, No. 649, § 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 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220) › Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220) › Section 16-55-218 - Attorney General

No provision of §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
shall apply to or alter existing law with respect to any claim, charge, action, or suit brought or prosecuted by the Attorney General.
Acts 2003, No. 649, § 23.
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 16-55-219 - Coroner or medical examiner

Nothing in §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
shall be construed to diminish or enlarge the powers or duties of a coroner or medical examiner.
Acts 2003, No. 649, § 24.
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 16-55-220 - Applicability and severability

(a)
Section
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
shall apply to all causes of action accruing on or after March 25, 2003.
(b)
Section
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
shall not apply to any action filed or cause of action accruing prior to March 25, 2003.
(c)
If any provisions of Section
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
or the application of §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
which can be given effect without the invalid provision or application, and to this end the provisions of §
16-55-201
et seq. and §§
16-114-206(a)
,
16-114-208(a)
,
16-114-208(c)(1)
, and
16-114-209
-
16-114-212
are declared to be severable.
Acts 2003, No. 649, § 25.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-101 - [Repealed]

Repealed by Act 2013, No. 1148,§ 19, eff. 8/16/2013.
Acts 1844, § 3, p. 24; C. & M. Dig., § 6962; Pope's Dig., § 8940; A.S.A. 1947, § 37-230.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-102 - Application of limitations - Setoffs

The provisions of this act shall be deemed and taken to apply to the case of any demand alleged by way of setoff on the part of any defendant, either by plea, notice, or otherwise. However, any demand, right, or cause of action, regardless of how it may have arisen, may be asserted by way of setoff in any action to the extent of the plaintiff's demand.
Rev. Stat., ch. 91, § 33; C. & M. Dig., § 6978; Pope's Dig., § 8956; Acts 1939, No. 398, § 1; A.S.A. 1947, § 37-233.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-103 - Actions not affected by Rev. Stat., Ch. 91

(a)
The provisions of this act shall not extend to any action which is or shall be otherwise limited by any statute, but the action shall be brought within the time limited by the statute.
(b)
None of the provisions of this act shall apply to suits brought to enforce payment on bills, notes, or evidences of debt issued by any bank or moneyed corporation.
Rev. Stat., ch. 91, §§ 18, 28; C. & M. Dig., §§ 6967, 6976; Pope's Dig., §§ 8945, 8954; A.S.A. 1947, §§ 37-214, 37-232.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-104 - Actions with limitation of one year

The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter:
(1)
All special actions on the case;
(2)
Actions for:
(A)
Assault and battery; and
(B)
False imprisonment;
(3)
All actions for words spoken slandering the character of another;
(4)
All actions for words spoken whereby special damages are sustained; and
(5)
All actions for damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report.
Rev. Stat., ch. 91, § 7; C. & M. Dig., § 6951; Pope's Dig., § 8929; Acts 1967, No. 471, § 1; A.S.A. 1947, § 37-201; Acts 1989 (3rd Ex. Sess.), No. 46, § 7; 2003, No. 1328, § 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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-105 - Actions with limitation of three years

The following actions shall be commenced within three (3) years after the cause of action accrues:
(1)
All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state;
(2)
All actions for arrearages of rent not reserved by some instrument in writing, under seal;
(3)
All actions founded on any contract or liability, expressed or implied;
(4)
All actions for trespass on lands;
(5)
All actions for libels; and
(6)
All actions for taking or injuring any goods or chattels.
Rev. Stat., ch. 91, § 6; C. & M. Dig., § 6950; Pope's Dig., § 8928; A.S.A. 1947, § 37-206.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-106 - [Effective Until the Consumer Protection for Medical Debt Collections Practices Act, H.R. 5330, 116th Cong. becomes law on or before January 1, 2026.] Recovery of charges for medical services

(a)
No action shall be brought to recover charges for medical services performed or provided prior to April 1, 1985, by a physician or other medical service provider after the expiration of a period of eighteen (18) months from the date the services were performed or provided.
(b)
No action shall be brought to recover charges for medical services performed or provided after March 31, 1985, by a physician or other medical service provider after the expiration of a period of two (2) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later.
Acts 1983, No. 638, § 1; 1985, No. 894, § 1; A.S.A. 1947, § 37-245.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-106 - [Effective only if the Consumer Protection for Medical Debt Collections Practices Act, H.R. 5330, 116th Cong. becomes law on or before January 1, 2026.] Recovery of charges for medical services

(a)
No action shall be brought to recover charges for medical services performed or provided prior to April 1, 1985, by a physician or other medical service provider after the expiration of a period of eighteen (18) months from the date the services were performed or provided.
(b)
An action shall not be brought to recover charges for medical services performed or provided after March 31, 1985, by a physician or other medical service provider after the expiration of a period of five (5) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later.
Amended by Act 2021, No. 1032,§ 1, eff. only if the Consumer Protection for Medical Debt Collections Practices Act, H.R. 5330, 116th Cong. becomes law on or before January 1, 2026..
Acts 1983, No. 638, § 1; 1985, No. 894, § 1; A.S.A. 1947, § 37-245.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-107 - Enforcement of security interest in livestock

(a)
No action to enforce a security interest in livestock shall be brought against a livestock auction market or selling agent who, in the ordinary course of business, sells the livestock for another person in a public auction, more than eighteen (18) months after the date of the sale.
(b)
No action to enforce a security interest in livestock against a buyer in the ordinary course of business shall be brought more than eighteen (18) months after the livestock is sold to the buyer.
Acts 1985, No. 902, §§ 1, 2; A.S.A. 1947, §§ 37-246, 37-247.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-108 - Recovery of statutory penalties

All actions on penal statutes where the penalty, or any part thereof, goes to the state, or to any county or person suing for the same, shall be commenced within two (2) years after the offense has been committed or the cause of action has accrued.
Rev. Stat., ch. 91, § 10; C. & M. Dig., § 6954; Pope's Dig., § 8932; A.S.A. 1947, § 37-204.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-109 - Actions against sheriffs, coroners, and other officials

(a)
All actions against sheriffs and coroners upon any liability incurred by them by doing any act in their official capacity or by the omission of any official duty, except for escapes, shall be brought within two (2) years after the cause of action has accrued and not thereafter.
(b)
All actions against sheriffs or other officers for the escape of any person imprisoned on civil process shall be commenced within one (1) year from the time of escape, and not thereafter.
Rev. Stat., ch. 91, §§ 8, 9; C. & M. Dig., §§ 6952, 6953; Pope's Dig., §§ 8930, 8931; A.S.A. 1947, §§ 37-202, 37-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-110 - Sheriffs', coroners', and constables' bonds

(a)
Actions on the official bonds of sheriffs and coroners shall be commenced within four (4) years after the cause of action shall accrue, and not afterward.
(b)
A certified copy of the bond shall be evidence in all suits brought on the bond.
(c)
No suit shall be brought on any bond of a constable after the expiration of four (4) years from its date.
Rev. Stat., ch. 29, § 14; Acts 1844, § 1, p. 24; C. & M. Dig., § 6957; Pope's Dig., § 8935; A.S.A. 1947, §§ 37-207, 37-208.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-111 - Notes and instruments in writing and other writings

(a)
Actions to enforce written obligations, duties, or rights, except those to which §
4-4-111
is applicable, shall be commenced within five (5) years after the cause of action shall accrue.
(b)
However, partial payment or written acknowledgment of default shall toll this statute of limitations.
Acts 1844, § 1, p. 24; 1889, No. 70, § 1, p. 87; C. & M. Dig., §§ 6955, 6956; Pope's Dig., §§ 8933, 8934; A.S.A. 1947, §§ 37-209, 37-210; Acts 1989, No. 644, § 1; 1991, No. 1048, § 1; 1997, No. 1164, § 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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-113 - Bonds of executors and administrators

Actions on the bonds of executors and administrators shall be commenced within eight (8) years after the cause of action shall accrue, and not afterward.
Acts 1844, § 1, p. 24; C. & M. Dig., § 6958; Pope's Dig., § 8936; A.S.A. 1947, § 37-211.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-114 - Judgments and decrees

Actions on all judgments and decrees shall be commenced within ten (10) years after cause of action shall accrue, and not afterward.
Acts 1844, § 1, p. 24; C. & M. Dig., § 6959; Pope's Dig., § 8937; A.S.A. 1947, § 37-212.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-115 - Limitation of actions not otherwise provided for

All actions not included in §§
16-56-104
,
16-56-105
,
16-56-108
, and
16-56-109
shall be commenced within five (5) years after the cause of action has accrued.
Rev. Stat., ch. 91, § 11; C. & M. Dig., § 6960; Pope's Dig., § 8938; A.S.A. 1947, § 37-213.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-116 - Persons under disabilities at time of accrual of action

(a)
If any person entitled to bring any action under any law of this state is under twenty-one (21) years of age or insane at the time of the accrual of the cause of action, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed.
(b)
No person shall avail himself or herself of any disability unless the disability existed at the time the right of action accrued.
(c)
When two (2) or more disabilities are existing at the time the right of action or entry accrued, the limitation prescribed shall not attach until all the disabilities are removed.
Rev. Stat., ch. 91, §§ 25, 27; Acts 1844, § 2, p. 24; 1899, No. 123, § 1, p. 199; C. & M. Dig., §§ 6961, 6973, 6975; Pope's Dig., §§ 8939, 8951, 8953; A.S.A. 1947, §§ 37-224 -- 37-226; Acts 1999, No. 18, § 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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-117 - Death of person entitled to sue or of a party

(a)
If any person entitled to bring any action specified in this act dies before the expiration of the time limited for the commencement of the suit, and if the cause of action survives to his or her representatives, then his or her executors or administrators may commence the suit, after the expiration of such time and within one (1) year after his or her death, but not after that period.
(b)
(1)
If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment and the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death.
(2)
If no executor or administrator is appointed within that time, within one (1) year after the letters testamentary or of administration have been granted.
(c)
(1)
When an action commenced within the time prescribed by law abates by reason of the death of the plaintiff, the plaintiff's executor or administrator may commence a new action within one (1) year after the death of the plaintiff if the right of action survives to his or her representatives.
(2)
If any action commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement.
Rev. Stat., ch. 91, §§ 19, 22, 23; C. & M. Dig., §§ 6968, 6970, 6971; Pope's Dig., §§ 8946, 8948, 8949; A.S.A. 1947, §§ 37-219 -- 37-221.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-118 - Suspension of limitations - Persons in the armed forces

(a)
The statutes of limitations in this state are suspended so far as those statutes affect the claim or cause of action of a person in the armed forces of the United States during the existence of a state of war between the United States and any other nation, and for six (6) months thereafter.
(b)
Any person in the armed forces of the United States during the existence of a state of war between the United States and any other nation may, at any time within one (1) year after the end of the state of war and six (6) months thereafter, maintain a suit for the collection of any debt or the recovery of any real or personal property to which the person may be entitled if the statute of limitations had not run against the action prior to the person's entry into the armed forces of the United States.
Acts 1943, No. 159, §§ 1, 2; A.S.A. 1947, §§ 37-227, 37-228.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-119 - Commencement of suit stayed by injunction - Effect

Whenever the commencement of any suit is stayed by an injunction of any court of equity, the time during which the injunction shall be in force shall not be deemed any portion of the time in this act limited for the commencement of the suit.
Rev. Stat., ch. 91, § 24; C. & M. Dig., § 6972; Pope's Dig., § 8950; A.S.A. 1947, § 37-223.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-120 - Prevention of commencement of action by party

If any person, by leaving the county, absconding, or concealing himself, or by any other improper act of his own, prevents the commencement of any action specified in this act, the action may be commenced within the times respectively limited after the commencement of the action shall have ceased to be so prevented.
Rev. Stat., ch. 91, § 26; C. & M. Dig., § 6974; Pope's Dig., § 8952; A.S.A. 1947, § 37-229.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-121 - Prevention of commencement of action - Foreign debtors absconding to this state

If any debtor shall fraudulently abscond from any other state, territory, or district to this state without the knowledge of his, her, or their creditor, the creditor may commence suit against the absconding debtor within the times in this act, or any other acts of limitations, in force on December 14, 1844, prescribed for limiting the action, after the creditor may become apprised of the residence of the absconding debtor.
Acts 1844, § 4, p. 24; C. & M. Dig., § 6963; Pope's Dig., § 8941; A.S.A. 1947, § 37-231.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-122 - Tolling statute - Verbal promise or acknowledgment insufficient

No verbal promise or acknowledgment in any action founded on a simple contract shall be deemed sufficient evidence to take any case out of the operation of this act or to deprive the party of the benefits thereof.
Rev. Stat., ch. 91, § 14; C. & M. Dig., § 6965; Pope's Dig., § 8943; A.S.A. 1947, § 37-216.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-123 - Tolling statute - Endorsement of payment on bond or sealed instrument insufficient

No endorsement of any payment written upon any bond or any other sealed instrument by or on behalf of the party to whom the payment shall be made shall be deemed a sufficient proof of the payment so as to take the case out of the operation of this act.
Rev. Stat., ch. 91, § 32; C. & M. Dig., § 6977; Pope's Dig., § 8955; A.S.A. 1947, § 37-217.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-124 - Tolling statute - Promise by joint contractor or executor

When there are two (2) or more joint contractors or executors, no joint contractor or executor shall lose the benefit of this act by reason of any written acknowledgment or promise made and signed by any of the other joint contractors or executors. Nothing contained in this section shall be so construed as to alter, take away, or lessen the effect of any payment of any principal or interest made by any person whatever on any joint contract.
Rev. Stat., ch. 91, § 15; C. & M. Dig., § 6966; Pope's Dig., § 8944; A.S.A. 1947, § 37-218.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-125 - Actions against tortfeasors whose identity is unknown

(a)
For the purposes of tolling the statute of limitations, any person, firm, or corporation may file a complaint stating his or her cause of action in the appropriate court of this state, whenever the identity of the tortfeasor is unknown.
(b)
(1)
The name of the unknown tortfeasor shall be designated by the pseudo-name John Doe or, if there is more than one (1) tortfeasor, John Doe 1, John Doe 2, John Doe 3, etc.
(2)
Upon determining the identity of the tortfeasor, the complaint shall be amended by substituting the real name for the pseudo-name.
(c)
It shall be necessary for the plaintiff or plaintiff's attorney to file with the complaint an affidavit that the identity of the tortfeasor is unknown before this section shall apply.
Acts 1959, No. 140, §§ 1-3; A.S.A. 1947, §§ 37-234 -- 37-236.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-126 - Commencement of new action or filing mandate after nonsuit or arrest or reversal of judgment

(a)
(1)
If any action is commenced within the time respectively prescribed in this act, in §§
16-116-101
-
16-116-107
, in §§
16-114-201
-
16-114-209
, or in any other act, and the plaintiff therein suffers a nonsuit, or after a verdict for him or her the judgment is arrested, or after judgment for him or her the judgment is reversed on appeal or writ of error, the plaintiff may commence a new action within one (1) year after the nonsuit suffered or judgment arrested or reversed.
(2)
(A)
However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal.
(B)
Otherwise, the cause shall be forever barred.
(b)
If the cause of action survives to the plaintiff's heirs or to his or her executors or administrators, they may in like manner commence a new action or take out a mandate within the time allowed the plaintiff.
Rev. Stat., ch. 91, § 21; Acts 1891, No. 159, § 3, p. 280; C. & M. Dig., § 6969; Pope's Dig., § 8947; Acts 1983, No. 145, § 1; 1985, No. 221, § 1; A.S.A. 1947, § 37-222.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-127 - Mutual open accounts - Accrual of cause of action

In actions brought to recover any balance due upon a mutual open account current, the cause of action shall be deemed to have accrued from the time of the last item proved in the account.
Rev. Stat., ch. 91, § 12; C. & M. Dig., § 6964; Pope's Dig., § 8942; A.S.A. 1947, § 37-215.
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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-128 - Guaranteed student loans

There shall be no greater statute of limitations defense available to a borrower who has defaulted on a loan guaranteed by the Student Loan Guarantee Foundation of Arkansas than would be available had the borrower defaulted on an obligation to the State of Arkansas.
Acts 1987, No. 574, § 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 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) › Section 16-56-130 - Civil actions based on sexual abuse

(a)
Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.
(b)
(1)
A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts.
(2)
It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.
(c)
For the purposes of this section:
(1)
"Childhood sexual abuse" means sexual abuse which occurred when the injured person was a minor;
(2)
"Minor" means a person of less than eighteen (18) years of age; and
(3)
"Time of discovery" means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.
Acts 1993, No. 370, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-101 - Payment of fees prerequisite to entry of action or issuance of writ

(a)
No action shall be entered upon the docket of any court nor any original mesne or final process issued in the action, except in criminal cases and cases where the state is plaintiff, until the fees for entering the case upon the docket and for issuing the writ and the taxes thereon, if any, are paid, or bond and security to the approval of the clerk given therefore.
(b)
No clerk shall be liable to an action for refusing to docket a cause or issue any writ unless the fee and tax thereon is first tendered or secured as provided in this section.
Acts 1875, No. 77, § 8, p. 167; C. & M. Dig. § 4574; Pope's Dig., § 5658; A.S.A. 1947, § 27-302.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-102 - Style of process issued by judge, justice, or other officer

All writs and process issued by any judge, justice of the peace, or other officer authorized to issue the writ or process shall run in the name of the State of Arkansas and be signed by the officer issuing the writ or process.
Rev. Stat., ch. 159, § 3; C. & M. Dig. § 1125; Pope's Dig., § 1341; A.S.A. 1947, § 27-305.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-103 - [Repealed]

Repealed by Act 2013, No. 1148,§ 20, eff. 8/16/2013.
Civil Code, §§ 60, 61, 762; C. & M. Dig., §§ 1127, 1137, 1138; Pope's Dig., §§ 1343, 1353, 1354; A.S.A. 1947, §§ 27-310, 27-312, 27-313.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-104 - Alias or pluries writs

When any writ or other process issued out of any court of this state is not executed, the clerk of the court shall issue an alias, pluries, or other proper process without an order of the court for that purpose on the application of the party suing out the writ or other process.
Rev. Stat., ch. 159, § 8; C. & M. Dig., § 1126; Pope's Dig., § 1342; A.S.A. 1947, § 27-311.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-105 - Seal

All writs shall be sealed with the judicial seal of the court.
Rev. Stat., ch. 159, § 2; C. & M. Dig., § 1124; Pope's Dig., § 1340; A.S.A. 1947, § 27-304.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-106 - Issuance and execution of process, writ, summons, etc., on Sunday or a holiday

(a)
It shall be no objection to any process, writ, summons, affidavit, or order for a provisional remedy that it was issued, made, or is dated on a holiday nor shall it be an objection to any bond given by or for any party to an action or taken by an officer in the course of the action that it was made or is dated on any such day.
(b)
A summons or order for a provisional remedy may be issued on any holiday, except Sunday. It may be issued on Sunday if an affidavit of the plaintiff or some other person is made to the effect that, unless it is issued on that day, there is reasonable cause to believe that it cannot be executed.
(c)
An order of attachment or for the delivery of property or a writ of execution may be issued or executed on any holiday, including Sunday.
(d)
(1)
A summons, subpoena, notice, order of arrest, or order of injunction may be executed on any holiday except Sunday. It may be executed on Sunday if the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the affiant believes, that the process cannot be executed after such holiday.
(2)
The defendant shall have no privilege of exemption from the service of the process mentioned in subdivision (d)(1) of this section, except from an arrest by reason of his or her attendance at any muster, election, or order of survey or as a witness at any court or other place.
Civil Code, §§ 763-767; C. & M. Dig., §§ 1128-1132; Pope's Dig., §§ 1344-1348; A.S.A. 1947, §§ 27-314 -- 27-318; Acts 1997, No. 969, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-110 - Sheriff to attend clerk's office to receive process

It shall be the duty of the sheriff or one (1) of his or her deputies to attend at the clerk's office daily, Sundays excepted, to receive any process that may be issued, and the clerk shall deliver to him or her any process remaining in his or her office.
Civil Code, § 65; C. & M. Dig., § 1142; Pope's Dig., § 1358; A.S.A. 1947, § 27-320.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-111 - Endorsement of day and hour of receipt on process

The sheriff shall endorse upon every summons, order of arrest, or order for the delivery of property, or of attachment or injunction in his or her hands the day and hour it was received by him or her.
Civil Code, § 776; C. & M. Dig., § 9165; Pope's Dig., § 11827; A.S.A. 1947, § 27-329.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-115 - Sheriff to note time of service

When a sheriff serves a summons, he or she shall note on the copy of the summons delivered or offered to the defendant or left at the defendant's residence the time and date the summons was served.
Acts 1979, No. 364, § 1; A.S.A. 1947, § 27-322.1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-116 - Acknowledgment of service

Service may be acknowledged by the defendant by an endorsement upon the summons, signed and dated by him or her, and attested by a witness. The affidavit of the witness shall be proof of the service.
Civil Code, § 68; C. & M. Dig., § 1146; Pope's Dig., § 1362; A.S.A. 1947, § 27-331.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-117 - Return

(a)
(1)
Each sheriff, coroner, and constable, on the return made by him or her on any writ or other process, shall state at length the time when, the place where, and how the writ or process was served.
(2)
Otherwise, the officer shall not be entitled to demand or receive any fee for the service or execution of the writ or other process.
(b)
(1)
In all cases of the return of service upon a summons by an officer, the return must state the time of service and that a copy was delivered to, or offered and refused by, the defendant.
(2)
(A)
If a return of service is defective in these respects, the officer may be fined by the court, not exceeding ten dollars ($10.00), and shall be liable to the action of any person aggrieved by the defect.
(B)
However, the court may permit an amendment, according to the truth of the case.
(c)
It shall not be a sufficient return of any process that the officer was kept off by force from executing it.
Acts 1842, § 25, p. 27; Civil Code, §§ 67, 779; C. & M. Dig., §§ 1145, 4625, 9168; Pope's Dig., §§ 1361, 5714, 11830; A.S.A. 1947, §§ 27-333 -- 27-335.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 58 - COMMENCEMENT OF ACTION - PROCESS (§§ 16-58-101 — 16-58-134) › Section 16-58-120 - Method of service - Resident and nonresident defendants out of state - Secretary of State agent

(a)
Any cause of action arising out of acts done in this state by an individual in this state or by an agent or servant in this state of a foreign corporation may be sued upon in this state, although the defendant has left this state, by process served upon or mailed to the individual or corporation outside the state.
(b)
(1)
Any resident or nonresident person who commits acts in this state sufficient to give an individual in this state a cause of action against the person committing the acts shall have deemed to have appointed the Secretary of State as his or her agent for service of process on him or her in any suit arising out of the acts committed by said resident or nonresident.
(2)
(A)
Service of the process shall be made by:
(i)
Serving three (3) copies of the process on the Secretary of State;
(ii)
Notifying the Secretary of State that service is being effected pursuant to this subsection; and
(iii)
Paying the Secretary of State the sum of twenty-five dollars ($25.00).
(B)
Such service shall be sufficient service upon the nonresident person or any resident person who has subsequently absented himself or herself physically from the state or upon the executor, administrator, or other legal representative of his or her estate, in case he or she has since died, if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or his or her attorney to the defendant at his or her last known address or to the administrator, executor, or other legal representative of the estate in case the person has died, and the defendant's return receipt or the return receipt of the administrator, executor, or other legal representative of the estate of the deceased person is attached to the writ of process and entered and filed in the office of the clerk of the court in which such cases are brought.
(3)
The court in which the action is pending may order some continuance as may be necessary to afford the defendant reasonable opportunity to defend the act.
(4)
The Secretary of State, upon receiving a copy of the service of summons, shall also forthwith mail a copy of the summons, together with a copy of the complaint, by first-class mail to the last and best known address of the named defendant in the suit, notifying him or her of the filing of the suit.
(c)
A defendant so summoned shall have thirty (30) days in which to answer after service upon him or her.
(d)
The provisions of this section shall not apply to a corporation that has an agent for service of process registered with the Secretary of State.
Acts 1963, No. 119, §§ 1, 2; 1983, No. 167, § 1; A.S.A. 1947, §§ 27-339.1, 27-339.2; Acts 1997, No. 1213, § 1.