reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-404 - Sale or disposal of property

(a)
Upon the petition of any person interested in the execution of the assignment presented to the circuit court, setting forth the necessity for the sale or disposition of the property or any portion thereof not provided for in the deed of assignment, the circuit court shall make such order in relation thereto as may seem just and for the best interest of the estate, setting forth the time and terms of the sale. The order shall be endorsed upon the petition and filed with the clerk of the circuit court.
(b)
Nothing in this section and §§
16-117-401
,
16-117-402
, and
16-117-405
shall be construed as to authorize the assignee to sell or dispose of the property until he or she has executed his or her bond in accordance with the provisions of §
16-117-401
.
Acts 1895, No. 109, §§ 2, 4, p. 162; C. & M. Dig., §§ 487, 490; Pope's Dig., §§ 524, 527; A.S.A. 1947, §§ 36-302, 36-305; Acts 2003, No. 1185, § 240.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-405 - Employment of counsel by assignee

In case any portion of the property involved in the assignment becomes involved in litigation, that fact, when made known to the circuit court by the assignee, shall authorize the circuit court to direct the assignee to employ counsel either to prosecute or defend in the litigation. The circuit court shall stipulate in the order the percentage to be allowed the attorney as the fee for his or her services, which is to be paid out of the estate.
Acts 1895, No. 109, § 5, p. 162; C. & M. Dig., § 491; Pope's Dig., § 528; A.S.A. 1947, § 36-306; Acts 2003, No. 1185, § 241.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-406 - Account of assignee - Allowances to assignee

(a)
The assignee shall, in the circuit court of the county in which the assignment is made, after one (1) year from the date of the assignment, and every year thereafter until the proceeds of the property assigned are disposed of for the benefit of creditors, present to the circuit court a fair written statement or current account in which the assignee shall charge himself or herself with the whole amount of the property assigned, including all debts due or to become due, and credit himself or herself with all sums of money expended, either by payment of debts or otherwise, exhibiting with the account the receipts and vouchers for all moneys paid out to the creditors of the assignment.
(b)
The account so made out shall be filed in the office of the clerk of the circuit court of the county and become a part of the record thereof. Certified copies of the account shall be competent evidence of the facts contained therein, in any of the courts of this state, in the same manner and to the same extent as the records of any other court.
(c)
The account shall be carefully examined by the circuit court. Upon the examination the circuit court shall allow the assignee for all debts with which he or she stands charged, which the circuit court shall be satisfied could not be collected, and shall allow the assignee any sum not exceeding ten percent (10%) on all sums less than one thousand dollars ($1,000), and on all sums over one thousand dollars ($1,000), five percent (5%) for his or her risk and trouble in attending to the settlement of the assignment.
Acts 1859, No. 137, § 2, p. 151; 1883, No. 38, § 2, p. 60; C. & M. Dig., §§ 492, 493; Pope's Dig., §§ 529, 530; A.S.A. 1947, §§ 36-307, 36-308; Acts 2003, No. 1185, § 242.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-407 - Liability of assignee on bond

The assignee shall be liable upon his or her bond to anyone interested in the property included in the assignment for any loss that may occur by reason of his or her negligence or mismanagement of the property after the property comes into his or her possession. He or she shall also be liable for any failure upon his or her part to obey the orders of the circuit court in relation thereto or to carry out the provisions of the assignment.
Acts 1895, No. 109, § 2, p. 162; C. & M. Dig., § 487; Pope's Dig., § 524; A.S.A. 1947, § 36-302.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-101 - Agreed cases

(a)
Parties to a question which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the case to any court which would have jurisdiction if an action had been brought.
(b)
It must appear by affidavit that the controversy is real and the proceedings are in good faith to determine the rights of the parties.
(c)
The court shall, upon submission of the case, hear and determine the case and render judgment as if an action were pending.
(d)
The case, the submission, and the judgment shall constitute the record.
(e)
The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action unless otherwise provided in the submission.
Civil Code, §§ 719-721; C. & M. Dig., §§ 1340-1342; Pope's Dig., §§ 1565-1567; A.S.A. 1947, §§ 34-401 -- 34-403.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-102 - Obtaining discovery

(a)
No action to obtain a discovery shall be brought except in aid of some other action pending where any person or corporation is liable, either jointly or severally with others, by the same contract. In such a case, an action may be brought against any of the parties who are liable to obtain discovery of the names and residences of the others who are also liable.
(b)
(1)
In such actions, the plaintiff shall state in his or her complaint, in effect, that he or she has used due diligence, without success, to obtain the information asked to be discovered and that he or she does not believe the parties to the contract, who are known to him or her, have property sufficient to satisfy his or her claims.
(2)
The complaint and the cost of the action shall be paid by the plaintiff unless the discovery is resisted.
Civil Code, § 788; C. & M. Dig., §§ 1037-1039; Pope's Dig., §§ 1239-1241; A.S.A. 1947, § 34-1101.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-103 - Gambling debts and losses

(a)
(1)
(A)
(i)
Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property.
(ii)
The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost.
(B)
The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under §
5-2-601
et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost.
(2)
The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing.
(3)
Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race.
(b)
(1)
All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void.
(2)
The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment.
(c)
Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue.
(d)
(1)
In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed.
(2)
The answer shall not be admitted as evidence against the person in any proceedings by indictment.
(e)
It is the strong public policy of the State of Arkansas that gambling, whether regulated or unregulated, on credit is an unenforceable contract and the courts of this state shall not enforce gambling debts, regardless of whether the contract was entered into within this state or without this state.
Rev. Stat., ch. 68, §§ 1-8; C. & M. Dig., §§ 4899-4905; Pope's Dig., §§ 6112-6118; A.S.A. 1947, §§ 34-1601 -- 34-1608; Acts 1999, No. 985, § 1; 2003, No. 1185, § 243; 2009, No. 460, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-104 - Vendor's action for recovery of property

(a)
In any action brought in the courts of this state for the recovery of money contracted for property in possession of the vendee, it shall not be lawful to include the property in any schedule intended to protect the property, or exempt it from seizure on attachment or sale on execution or other process issued from any court for the collection of any debt upon the claim of the plaintiff.
(b)
In any such action the court or clerk shall issue, on petition of the plaintiff, duly verified, describing the property and stating its value at or after commencement of the action, an order, which may be embodied in the original summons if the order is issued at the same time as the original, stating the name of the court and the style of the action and directing the county sheriff or other officer to take the property described in the petition and hold it subject to the orders of the court.
(c)
The defendant may give bond for the retention of the property as in cases of orders of delivery of personal property.
(d)
When it appears by affidavit of the plaintiff or by the return of the order of the court, or when it is shown by the plaintiff's petition, that the property has been disposed of or concealed so that the order cannot be executed, the court may compel the attendance of the defendant and examine him or her on oath as to the situation of the property, and the court punish a disobedience of its order as in cases of contempt.
Acts 1877, No. 48, §§ 1-4, p. 47; C. & M. Dig., §§ 8729-8732; Pope's Dig., §§ 11422-11425; A.S.A. 1947, §§ 34-2301 -- 34-2304.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-105 - Usurpation of office or franchise - Vacation of charters

(a)
In lieu of the writs of scire facias and quo warranto, or of information in the nature of a quo warranto, actions may be brought to vacate or repeal charters and prevent the usurpation of an office or franchise.
(b)
(1)
Whenever a person usurps an office or franchise to which he or she is not entitled by law, an action may be instituted against him or her, either by the state or the party entitled to the office or franchise, to prevent the usurper from exercising the office or franchise.
(2)
A person who continues to exercise an office after having committed an act, or omitted to do an act, of which the commission or omission, by law, created a forfeiture of his or her office, shall be subject to be proceeded against for a usurpation thereof.
(3)
(A)
It shall be the duty of the prosecuting attorney to institute the actions mentioned in this section against all persons who usurp county offices or franchises where there is no other person entitled thereto or the person entitled fails to institute the action for three (3) months after the usurpation.
(B)
For usurpation of other than county offices or franchises, the action by the state shall be instituted and prosecuted by the Attorney General.
(4)
(A)
(i)
When a person is adjudged to have usurped an office or franchise, he or she shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be reinstated in the office or franchise.
(ii)
No one shall be adjudged entitled thereto unless the action is instituted by him or her.
(B)
The court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usurper, and by preventing him or her from further exercising or using the office or franchise, and may enforce its orders by fine and imprisonment until obeyed.
(5)
When the usurper has received fees and emoluments arising from the office or franchise, he or she shall be liable therefor to the person entitled thereto, who may claim the fees and emoluments in the action brought to deprive him or her of the office or franchise or in a separate action. If no one is entitled to the office or franchise, the fees and emoluments may be recovered by the state and paid into the State Treasury.
(c)
The action to repeal or vacate a charter shall be in the name of the state and brought and presented by the Attorney General or, under his or her sanction and direction, by an attorney for the state.
(d)
The pleadings in the actions named in this section are not required to be verified by affidavit unless prosecuted by a private individual.
Civil Code, §§ 522, 523, 525-531; C. & M. Dig., §§ 10325-10332; Pope's Dig., §§ 14325-14332; A.S.A. 1947, §§ 34-2201 -- 34-2209; Acts 2003, No. 1185, § 244.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-106 - Alienation of affection and criminal conversation

The actions of alienation of affection and criminal conversation are abolished.
Acts 1989 (3rd Ex. Sess.), No. 46, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-107 - Civil action by crime victim

(a)
(1)
Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct.
(2)
The burden of proof for showing conduct that constituted a felony shall be a preponderance of the evidence.
(3)
If the person who is injured or damaged prevails, he or she shall be entitled to recover costs and attorney's fees.
(b)
The action may be maintained by the person who was injured or damaged or, after the person's death, the executor, administrator, or representative of his or her estate.
(c)
The remedy provided in this section shall be in addition to any other remedies in law or equity.
(d)
This section does not apply to offenses under §
5-28-101
et seq. or the Medicaid Fraud Act, §
5-55-101
et seq.
Acts 1997, No. 341, § 1; 2011, No. 223, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-108 - Civil actions against sellers of drug paraphernalia - Definition

(a)
As used in this subchapter, "drug paraphernalia" means those items as defined by §§
5-64-101
,
5-64-403(a)(4)
,
5-64-443
, and
5-64-505
.
(b)
(1)
Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction.
(2)
Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor.
(c)
Any third person injured or killed by a person using a controlled substance, whose use was caused or aided by the use of drug paraphernalia sold to the person by a store dealing in drug paraphernalia items, has a cause of action against the seller if the third person can prove that the item purchased from the store contributed to the person's use and the person's use proximately caused the third person's injury or death.
(d)
Any person who requires hospitalization or outpatient service for drug abuse or a related medical problem is entitled to recover from any store that has sold any drug paraphernalia to the person and reimbursement for any such costs incurred.
(e)
Any federal or state agency that provides medical or kindred treatment to any person who is addicted to drugs as a result of the use of any drug paraphernalia may cause litigation to be commenced against any store or individual that has sold an item of drug paraphernalia that contributed to the person's drug abuse and subsequent treatment, for the purpose of collecting the reasonable costs incurred by the federal or state agency.
(f)
Prior to awarding any damages under this subchapter, the trier of fact shall make written determinations regarding the following questions:
(1)
That a reasonably prudent person acting as the seller would have known or should have known that the item sold would be utilized in the unlawful use of drugs; and
(2)
Considering all the facts and circumstances surrounding the sale, including the physical characteristics of the business establishment and its method of operation, that the seller knew or should have known that the items sold would be utilized in the unlawful use of drugs.
Acts 1981, No. 971, §§ 1-6; A.S.A. 1947, § 82-2645, § 82-2646, § 82-2647, 82-2648, 82-2649, 82-2650; Acts 2011, No. 570, § 118.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-109 - Civil cause of action for victims of human trafficking - Definition

(a)
As used in this section, "victim of human trafficking" means the same as defined in §
5-18-102
.
(b)
An individual who is a victim of human trafficking may bring a civil action in any appropriate state court against a person or entity who:
(1)
Knew or should have known that the individual was or would be subjected to any form of trafficking of persons pursuant to §
5-18-103
; and
(2)
Caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident.
(c)
The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.
(d)
A prevailing plaintiff shall also be awarded attorney's fees and costs.
(e)
Three (3) times actual damages shall be awarded on proof of actual damages when a defendant's acts were willful and malicious.
(f)
(1)
A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or benefitted financially or received anything of value from the human trafficking incident.
(2)
If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age.
(3)
If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action.
(4)
If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action.
(5)
A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due to conduct by the defendant that induced the plaintiff to delay the filing of the action or placed the plaintiff under duress.
(g)
In a civil action brought under this section:
(1)
Fault of a victim of human trafficking shall not be apportioned against the victim of human trafficking; and
(2)
The comparative fault provisions under §
16-64-122
do not apply.
Amended by Act 2023, No. 354,§ 2, eff. 8/1/2023.
Added by Act 2013, No. 133,§ 8, eff. 8/16/2013.
Added by Act 2013, No. 132,§ 8, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-110 - Civil action for damages caused by violations of athletic association or conference regulations - Definitions

(a)
As used in this section:
(1)
"Athlete agent" means the same as defined in §
17-16-102
;
(2)
"Damages caused by violations of athletic association or conference regulations" means:
(A)
Either:
(i)
An institution of higher education or a student-athlete enrolled at the institution of higher education is declared ineligible to compete in intercollegiate athletics by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; or
(ii)
An institution of higher education is placed on probationary status by a national association that promotes or regulates intercollegiate athletics or by an intercollegiate athletic association or conference; and
(B)
As a result of the action under subdivision (a)(2)(A) of this section, the institution of higher education:
(i)
Loses the ability to grant an athletic scholarship;
(ii)
Loses the ability to recruit a student-athlete;
(iii)
Loses eligibility to participate in intercollegiate competition;
(iv)
Loses eligibility to participate in post-season intercollegiate competition;
(v)
Forfeits an athletic contest; or
(vi)
Suffers an adverse financial impact, including without limitation lost revenue from media coverage of athletic events or lost revenue from ticket sales; and
(3)
"Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport.
(b)
An institution of higher education may bring a civil action against the following:
(1)
An athlete agent violating a provision of the Uniform Athlete Agents Act, §
17-16-101
et seq., if his or her actions result in damages caused by violations of athletic association or conference regulations; or
(2)
A person who knowingly induces or otherwise knowingly causes a student-athlete to take actions that result in damages caused by violations of athletic association or conference regulations.
(c)
(1)
An institution of higher education that prevails in a civil action under this section may recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees.
(2)
A court may award punitive damages even if the court does not award compensatory damages.
(d)
A court may grant equitable relief to an institution of higher education to prevent harm that could result from the acts or omissions of a person under subdivisions (b)(1) and (2) of this section if the court finds a reasonable likelihood that a violation occurred.
Added by Act 2013, No. 1324,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-111 - Civil actions against operators of an unmanned aircraft system

A person who violates §
5-60-103
is also liable to the owner of the critical infrastructure that is the subject of the violation as follows:
(1)
Any actual damages sustained as a result of the violation, or ten thousand dollars ($10,000), whichever is greater;
(2)
Three (3) times actual damages, or ten thousand dollars ($10,000), whichever is greater, in a case in which the violation resulted in profit or monetary gain; and
(3)
The costs of an action brought under this section, together with reasonable attorney's fees as determined by the court.
Added by Act 2015, No. 1019,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-112 - Civil action for damages caused by wrongful dissemination of an electronic communication to influence a political vote - Definitions

(a)
As used in this section:
(1)
"Electronic communication" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, phone texting, or an online messaging service; and
(2)
"Political vote" means a vote by a member of the House of Representatives or Senate with respect to an issue before the General Assembly or a committee of the General Assembly.
(b)
A victim whose identity is wrongfully misappropriated or misidentified by another person by that person's purposeful transmission or posting of an electronic communication that is purported to be from the victim without permission from the victim and that expresses an opinion concerning a political issue before the General Assembly with the purpose to influence a political vote may bring a civil action for any injury and recover any damages sustained and for the costs of the civil action.
(c)
If a victim prevails in a civil action under this section, damages shall include without limitation a mandatory damage award of five thousand dollars ($5,000) per prosecutable act.
(d)
A civil action under this section shall be brought within three (3) years from the date the action is discovered or should have been discovered by the exercise of reasonable diligence.
Added by Act 2015, No. 1111,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-114 - Civil action against a person who engages in a riot or disorderly conduct, or who obstructs or interferes with emergency medical services personnel or first responder

(a)
In addition to any other cause of action available to a person, a person who suffers injury to himself or herself or to his or her property as a direct or indirect result of:
(1)
An act of obstructing or interfering with emergency medical personnel or a first responder, §
5-60-123
, if the act of obstructing or interfering with emergency medical personnel or a first responder is a felony or Class A misdemeanor, may bring a civil action against a person who obstructed or interfered with the emergency medical personnel or first responder; or
(2)
A riot or the activity of a rioter under §
5-71-201
et seq., may bring a civil action against the rioter or a person or entity that incites the riot.
(b)
A court hearing a civil action under this section may award compensatory damages, punitive damages, costs, reasonable attorney's fees, and expenses to a plaintiff who prevails in the civil action.
Added by Act 2017, No. 952,§ 2, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-115 - Civil actions regarding violations of Section 11-5-117

An employer or employee who knowingly violates §
11-5-117
is liable to the prevailing party in an action brought under this section and, upon proving the prevailing party's case by clear and convincing evidence, is entitled to one (1) or more of the following remedies:
(1)
Equitable relief;
(2)
Compensatory damages; and
(3)
Costs and fees, including reasonable attorney's fees.
Amended by Act 2021, No. 809,§ 4, eff. 7/28/2021.
Added by Act 2017, No. 1071,§ 4, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-116 - Civil actions for unlawful female genital mutilation

(a)
A person who knowingly commits or attempts to commit unlawful female genital mutilation of a minor as described in §
5-14-136
is liable to the victim of the unlawful female genital mutilation.
(b)
A person who knowingly directs or assists another person to violate or attempt to violate §
5-14-136
is jointly liable under this section.
(c)
A court may award to a prevailing party in an action brought under this section one (1) or more of the following remedies:
(1)
Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously;
(2)
Punitive damages;
(3)
Costs and fees, including reasonable attorney's fees; or
(4)
Any other appropriate relief as provided by law.
(d)
A cause of action under this section may be brought by a victim of an unlawful female genital mutilation, or her estate, at any point before the victim reaches or would have reached twenty-eight (28) years of age.
(e)
The burden of proof under a cause of action under this section is preponderance of the evidence.
(f)
The doctrine of forum non conveniens does not apply to a claim arising under this section.
Amended by Act 2019, No. 556,§ 4, eff. 3/26/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 118 - MISCELLANEOUS ACTIONS (§§ 16-118-101 — 16-118-118) › Section 16-118-118 - Civil action for vulnerable victims of sexual abuse - Definitions

(a)
As used in this section:
(1)
"Disability" means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent;
(2)
"Minor" means a person under eighteen (18) years of age;
(3)
"Sexual abuse" means the commission of one (1) or more of the following acts or offenses:
(A)
Rape, §
5-14-103
;
(B)
Sexual assault in the first degree, §
5-14-124
;
(C)
Sexual assault in the second degree, §
5-14-125
;
(D)
Engaging children in sexually explicit conduct for use in a visual or print medium, §
5-27-303
;
(E)
Transportation of minors for prohibited sexual conduct, §
5-27-305
;
(F)
Use of children in sexual performances, §
5-27-401
et seq.;
(G)
Unlawful sexual contact with a vulnerable victim; and
(H)
Unlawful sexually explicit conduct with a vulnerable victim;
(4)
"Sexual contact" means the same as defined in §
5-14-101
;
(5)
"Sexually explicit conduct" means the same as defined in §
5-27-302
; and
(6)
"Vulnerable victim" means a person who was either a person with a disability, a minor, or both at the time he or she was a victim of sexual abuse.
(b)
(1)
Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a vulnerable victim may bring a civil action against any party who committed sexual abuse against the vulnerable victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse.
(2)
Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a civil action similar to a civil action described in subdivision (b)(1) of this section, including a cause of action arising before, on, or after July 28, 2021, that was barred or dismissed due to a statute of limitation is revived, and the civil action may be commenced not earlier than six (6) months after and not later than thirty (30) months after August 1, 2023.
(c)
This section does not apply to a claim that has been litigated to finality on the merits in any court of competent jurisdiction before July 28, 2021.
(d)
The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief in a civil action under this section.
Amended by Act 2023, No. 616,§ 1, eff. 8/1/2023.
Amended by Act 2023, No. 177,§ 17, eff. 8/1/2023.
Added by Act 2021, No. 1036,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-101 - Other methods of restoration unaffected by chapter

Nothing in this chapter shall be so construed as to hinder or prevent any lost, burned, or destroyed records, papers, or proceedings from being reinstated and reestablished by any other mode known to or recognized by laws existing prior to January 10, 1857, should the other mode be deemed more convenient and work no wrong or injustice to the parties interested.
Acts 1855, § 7, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8351; Pope's Dig., §§ 10938, 10947; A.S.A. 1947, §§ 16-409, 16-412.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-102 - Proceedings for restoring records generally

In adjudicating upon any petition filed under the provisions of this chapter, similar proceedings shall be had as upon any other cases pending in the court with the same right of appeal and of suing out writs of error to the high legal tribunals.
Acts 1855, § 7, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8351; Pope's Dig., §§ 10938, 10947; A.S.A. 1947, §§ 16-409, 16-411, 16-412.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-103 - Restoration of destroyed judgments generally

(a)
If any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, have obtained any allowance, judgment, or decree, either for money or any kind of property, or for the performance of any act, in a probate court, county court, or chancery court existing in any county in the State of Arkansas prior to July 1, 2001, or in any circuit court against any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, the person or persons may file in the office of the clerk of the circuit court a petition, addressed to the circuit court, setting forth therein the amount, nature, and substance of the allowance, judgment, or decree and that the allowance, judgment, or decree has been lost, destroyed, or burned.
(b)
Upon the hearing of the petition, if the circuit court is advised of the truth of the matter contained in the petition, it shall thereupon order, adjudge, or decree, as the case may be, that the allowance, judgment, or decree, in conformity with the allegations in the petition, be reinstated upon the records of the circuit court to have the same force and effect and to relate back and take effect from the time when the original allowance, judgment, or decree was rendered.
Acts 1855, § 1, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10939, 10942; A.S.A. 1947, §§ 16-403, 16-411, 16-412; Acts 2003, No. 1185, § 245.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-104 - Restoration of destroyed judgments - Procedural conditions

No reinstating order, sentence, or decree shall be rendered by the court, unless:
(1)
The petition is verified by affidavit and has been filed in the office of the clerk of the court thirty (30) days previous to the term of the court at which the application is intended to be made; and
(2)
Due notice of the intended application, setting forth, in a brief manner, the object and intent of the application, is given to the adverse party or parties, either by personal service, by delivering a copy of the notice in writing at least thirty (30) days before the first day of the term of court at which the intended application is to be made, or by publication in some newspaper published in the county for two (2) consecutive weeks, the last publication to be at least six (6) weeks before the first day of the term of the court at which the intended application is to be made. However, if there is no newspaper printed in the county, then the publication shall be made in some newspaper printed in Little Rock, Arkansas.
Acts 1855, § 1, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10939, 10942; A.S.A. 1947, §§ 16-403, 16-411, 16-412.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-105 - Restoration of records in pending cases

(a)
In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in any such matters or proceedings may file a petition in the office of the clerk of the court in which the matter or proceeding is pending, addressed to the court, setting forth the nature and substance of the matter or proceedings, or of the original papers filed and lost, destroyed, or burned, and praying that the original papers may be reinstated upon the record.
(b)
Thereupon, if the court is satisfied and advised of the truth of the allegation in the petition, it shall order, adjudge, or decree that the original papers, pursuant to the allegation of the petitioner, be filed and reinstated upon the records of the court, to have the same force and effect and to relate back and take effect from the time when the original was filed or the original matter or proceedings were had.
(c)
No such order, judgment, or decree shall be made by any of the courts unless the applicant shall have given to the other party or parties interested or concerned in the matters or proceedings due notice of the intended application, according to the provisions regarding notice in §
16-119-104
.
Acts 1855, § 2, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10940, 10942; A.S.A. 1947, §§ 16-404, 16-411, 16-412; Acts 2003, No. 1185, § 246.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-106 - Papers evidencing title to real or personal property recorded anew

(a)
In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the record thereof has been lost, destroyed, or burned, but the original of the instrument of conveyance, or copy duly certified according to law, is in the possession of the person entitled to the instrument of conveyance, the original or duly certified copy of the instrument of conveyance may be recorded anew in the office of the clerk and county recorder. The record shall relate back and have full force and effect from the date of the first record of the instrument of conveyance.
(b)
(1)
In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder.
(2)
If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. The record thereof shall relate back and have full force and effect from the date of the original record.
(3)
No such decree shall be made by the circuit court unless previous notice of the intended application has been given to the other party or parties to the instrument of conveyance, or to their heirs, executors, or administrators according to the terms required in §
16-119-104
.
Acts 1855, § 3, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8345, 8346; Pope's Dig., §§ 10938, 10941, 10942; A.S.A. 1947, §§ 16-405, 16-411, 16-412; Acts 2003, No. 1185, § 247.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-108 - Restoration of record of married person's schedule of property

(a)
(1)
In all cases in which any married woman availed herself of the provisions of §§
9-11-501
and
9-11-509
-
9-11-514
and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§
9-11-501
and
9-11-509
-
9-11-514
, and the schedule has been lost, destroyed, or burned, the married woman may file in the office of the clerk of the circuit court of the county, her petition addressed to the circuit court, setting forth a full description of the nature of the property and the manner in which she derived title to the property, and setting forth that a schedule of the property, under the provisions of §§
9-11-501
and
9-11-509
-
9-11-514
, has been filed in the office of the county recorder.
(2)
The petition shall state, as nearly as possible, the time when the schedule was filed and pray that the schedule may be reinstated and admitted of record in the county recorder's office of the county. The petition shall be verified by the affidavit of the petitioner or some other disinterested reputable person for her.
(b)
The circuit court, being sufficiently advised of the truth of the matters set forth in the petition, shall grant the prayer of the petition and shall direct a copy of the petition and decree of the circuit court, granting the prayer thereof, to be certified by the clerk of the circuit court under seal. The petition and decree shall be recorded in the county recorder's office of the county and shall relate back to and have full force and effect from the date of the filing of the original schedule of the property for record.
(c)
No such decree shall be rendered by the circuit court unless the applicant has previously given public notice of the intended application, addressed to all whom it might concern, by publication for two (2) consecutive weeks in some newspaper published in the county or, if none is published therein, then in some newspaper printed in Little Rock, Arkansas, for at least six (6) consecutive weeks before the commencement of the term of circuit court at which the application is to be made.
Acts 1855, § 5, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8349; Pope's Dig., §§ 10938, 10945; A.S.A. 1947, §§ 16-407, 16-411, 16-412; Acts 2003, No. 1185, § 248.