Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 40 - General Provisions
§ 16-40-101. Burden of proof - (a) The party holding the affirmative of an issue must...
§ 16-40-102. Order of proof - The order of proof shall be regulated by the court...
§ 16-40-103. Modes of taking testimony of witnesses - (a) The testimony of witnesses is taken in three (3)...
§ 16-40-104. Judicial knowledge of laws of other states - The courts of this state shall take judicial knowledge of...
§ 16-40-105. Death presumed after five years' absence - Any person absenting himself beyond the limits of this state...
§ 16-40-106. Privileged communications made to a certified peer support member by an emergency responder — Definitions - (a) As used in this section: (1) “Approved training” means...
§ 16-40-107. Evidence of sermons by a religious leader — Definitions - (a) As used in this section: (1) “Religious leader or...
Chapter 42 - Sexual Offenses
§ 16-42-101. Admissibility of evidence of victim's prior sexual conduct — Definition - (a) As used in this section, unless the context otherwise...
§ 16-42-102. Presence of parent or custodian at proceedings involving minor sexual assault victims - In any prosecution for a sexual offense or inchoate offense...
§ 16-42-103. Admissibility of evidence of similar crimes in sexual assault cases - (a) In a criminal case where the defendant is accused...
Chapter 43 - Witnesses Generally
Subchapter 1 - General Provisions
§ 16-43-101. Exemption of witnesses from summons when obeying subpoena - A witness shall not be liable to be sued in...
§ 16-43-102. Privilege from arrest while serving as witness - All witnesses shall be privileged from arrest in all cases...
§ 16-43-103. Unlawful arrest — Abatement of suit — Fine - Any person who causes a witness to be arrested, knowing...
Subchapter 2 - Securing Attendance Generally
§ 16-43-203. Excusing of witness when deposition given - A witness shall not be compelled to attend court for...
§ 16-43-204. Attendance until discharged or case decided - Any person subpoenaed to appear before any court of record...
§ 16-43-205. Authorization for officials taking depositions to compel attendance of witnesses - Every person in this state who is required to take...
§ 16-43-206. Discharge of contempt order - A witness imprisoned or fined for contempt by an officer...
§ 16-43-208. Criminal proceedings — Subpoenas for witnesses generally - (a) The clerk of the court, upon request of the...
§ 16-43-209. Criminal proceedings — Additional witnesses - (a) Should either party desire additional witnesses at the expense...
§ 16-43-210. Criminal proceedings — Attendance by witness in several criminal cases - A witness subpoenaed to attend before any circuit court in...
§ 16-43-211. Criminal proceedings — Civil procedure to govern - The provisions of the Code of Practice in Civil Cases...
§ 16-43-212. Criminal proceedings — Issuance of subpoenas pursuant to investigations - (a) The prosecuting attorneys and their deputies may issue subpoenas...
§ 16-43-213. Prisoner as witness — Attendance — Examination by deposition - A person confined in any prison in this state for...
§ 16-43-214. Prisoner from Division of Correction as witness - (a) Upon presentation by the prosecuting attorney or interested defense...
§ 16-43-215. Videotaped deposition of State Crime Laboratory analyst — Definition - (a) As used in this section, the term “videotaped deposition”...
Subchapter 3 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act
§ 16-43-301. Interstate rendition of prisoners as witnesses — Definitions - As used in this subchapter: (1) “Witness” means a person...
§ 16-43-302. Hearing or request for presence of prisoner in another state - A judge of a state court of record in another...
§ 16-43-303. Finding of court — Order that prisoner be produced in other state - If at the hearing the judge determines: (1) That the...
§ 16-43-304. Contents of order — Safeguarding custody — Payment of expenses - The order to the witness and to the person having...
§ 16-43-305. Insane or mentally ill persons not subject to subchapter - This subchapter does not apply to any person in this...
§ 16-43-306. Certificate for obtaining prisoner from another state to testify in this state - If a person confined in a penal institution in any...
§ 16-43-307. Order for compliance with terms prescribed by court of other state - The judge of the court in this state may enter...
§ 16-43-308. Prisoner from other state immune from arrest or process while being transported or held as witness - If a witness from another state comes into or passes...
§ 16-43-309. Uniformity of construction - This subchapter shall be so construed as to effectuate its...
§ 16-43-310. Short title - This subchapter may be cited as the “Uniform Rendition of...
§ 16-43-311. Severability - If any provision of this subchapter or the application thereof...
Subchapter 4 - Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases
§ 16-43-402. Attendance in another state - If a judge of a court of record in any...
§ 16-43-403. Witness from another state - If a person in any state, which by its laws...
§ 16-43-404. Witnesses immune from arrest - If a person comes into this state in obedience to...
§ 16-43-405. Uniformity of interpretation - This subchapter shall be so interpreted and construed as to...
§ 16-43-406. Short title — Uniform Act - This subchapter may be cited as the “Uniform Act to...
§ 16-43-407. Repealer - All acts or parts of acts inconsistent with this subchapter...
§ 16-43-409. Effective date - Whereas, under the present statutes of the State of Arkansas...
Subchapter 5 - Competency — Criminal Proceedings
§ 16-43-501. Accused as witness - On the trial of all indictments, informations, complaints, and other...
§ 16-43-502. Joint defendant as witness - When two (2) or more persons are indicted in the...
§ 16-43-503. Party injured as witness - No person shall be rendered incompetent to testify in criminal...
Subchapter 6 - Immunity — Criminal Proceedings
§ 16-43-601. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 16-43-602. Penalty - Any person who refuses to give testimony after an order...
§ 16-43-603. Immunity generally - Whenever a witness refuses, on the basis of his privilege...
§ 16-43-604. Issuance of order to testify - (a) In the case of any individual who has been...
§ 16-43-605. Court order approving grant of immunity — Granting of immunity only after refusal to testify - No prosecuting attorney shall grant immunity until he has applied...
§ 16-43-606. Limitation on immunity - An individual who has once been granted immunity under the...
Subchapter 8 - Compensation
§ 16-43-801. Witness fees generally - Witnesses shall be allowed compensation as follows: (1) For attendance...
§ 16-43-802. Witness fees in county and probate courts - Witnesses, duly summoned, shall be allowed for their attendance as...
§ 16-43-804. Proof of attendance - (a) Every account for attendance of a witness shall be...
§ 16-43-805. Fee for ferriage - Witnesses who leave home and attend any court in pursuance...
§ 16-43-806. State employee as a witness - (a) If a state employee is subpoenaed as a witness...
Subchapter 9 - Paternity or Child Support
§ 16-43-901. Competent witnesses - (a) The biological mother of a child shall be a...
Subchapter 10 - Minors
§ 16-43-1001. Closed-circuit television - (a) (1) In any criminal proceeding, on motion of the...
§ 16-43-1002. Certified facility dogs for child witnesses — Definitions - (a) As used in this section: (1) “Certified facility dog”...
Subchapter 11 - Disclosures of Genetic Information
§ 16-43-1101. Compulsory disclosure - No person or other entity who maintains genetic information shall...
Subchapter 12 - Safeguards for Abused and Neglected Children Act
§ 16-43-1201. Title - This subchapter shall be known and may be cited as...
§ 16-43-1202. Safeguards for child victims testifying in judicial and administrative proceedings - In order to facilitate testimony that is fair and accurate,...
Chapter 44 - Depositions
Subchapter 2 - Criminal Proceedings
§ 16-44-201. Authorization for deposition generally — Manner of taking — Use - (a) The court or judge in vacation, or a Justice...
§ 16-44-202. Deposing witnesses upon showing of inability to attend trial — Use of depositions - (a) If it appears that a prospective witness may be...
§ 16-44-203. Videotaped deposition of alleged victim under 17 years of age in sexual offense prosecution - (a) As used in this section, the term “videotaped deposition”...
Chapter 45 - Affidavits
§ 16-45-101. Use of affidavits - An affidavit may be read to verify a pleading; to...
§ 16-45-102. Officials before whom affidavits may be made - (a) An affidavit may be made in this state before...
§ 16-45-103. Signature of affiant — Certificate of officer - Every affidavit shall be subscribed by the affiant. The certificate...
§ 16-45-104. Affidavit as to correctness of account - (a) (1) In a suit on an account, including without...
§ 16-45-105. Production of affiant for cross-examination upon motion to discharge provisional remedy - Where a provisional remedy is granted upon an affidavit and...
Chapter 46 - Documentary Evidence Generally
§ 16-46-101. Recordation of certain certified copies — Photographic copies of business and public records - (a) (1) The clerk of any court of record may...
§ 16-46-102. Writing filed with pleading read as genuine unless denied - Where a writing purporting to have been executed by one...
§ 16-46-103. Surveys - No survey made by any person except the county surveyor...
§ 16-46-104. Investigations of attendance at places of public amusement - (a) No person employed as a private or confidential investigator...
§ 16-46-105. Records of and testimony before committees reviewing and evaluating quality of medical or hospital care - (a) (1) (A) The proceedings, minutes, records, or reports of...
§ 16-46-106. Access to medical records - (a) (1) In contemplation of, preparation for, or use in...
§ 16-46-107. Identification of medical bills at trial - (a) Upon the trial of any civil case involving injury,...
§ 16-46-108. Photographically reproduced records admissible in court - (a) (1) Any record or set of records or photographically...
§ 16-46-109. Proceedings, minutes, records, or reports confidential - (a) (1) The proceedings, minutes, records, or reports of the...
Subchapter 2 - Public Records as Evidence Generally
§ 16-46-211. Notary's protest - (a) The protest made by a notary public under his...
§ 16-46-213. Records of United States Surface Transportation Board and Arkansas Department of Transportation - Printed copies of schedules, classifications, and tariffs of rates, fares,...
Subchapter 3 - Hospital Records Act
§ 16-46-301. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 16-46-302. Furnishing copies of records in compliance with subpoenas - Except as hereinafter provided, when a subpoena duces tecum is...
§ 16-46-303. Sealing, identification, and direction of copies - The copy of the records shall be separately enclosed in...
§ 16-46-304. Opening of sealed envelopes - (a) Unless the sealed envelope or wrapper is returned to...
§ 16-46-305. Affidavit of custodian as to copies — Charges - (a) The records shall be accompanied by an affidavit of...
§ 16-46-306. Admissibility of copies and affidavits - The copy of the record shall be admissible in evidence...
§ 16-46-307. Personal attendance of custodian — Production of original record - (a) Where the personal attendance of the custodian is desired,...
§ 16-46-308. Substitution of copies for original records - In view of the property right of the hospital or...
Subchapter 4 - Patient Medical Records Privacy Act
§ 16-46-401. Title - This subchapter shall be known and may be cited as...
§ 16-46-402. Definitions - As used in this subchapter: (1) (A) “Medical records” means...
§ 16-46-403. Notice required - (a) Any party in litigation that receives or obtains a...
§ 16-46-404. Use of medical records at trial - If notice is not given as required by § 16-46-403,...
§ 16-46-405. Scope of subchapter - (a) This subchapter shall apply to private litigants in civil...
Chapter 47 - Acknowledgment and Proof of Instruments
§ 16-47-101. Proof or acknowledgment as prerequisite to recording real estate conveyances - All deeds and other instruments in writing for the conveyance...
§ 16-47-102. Forms of acknowledgments — Validity — Acknowledgments of married persons - (a) Either the forms of acknowledgments now in use in...
§ 16-47-103. Officers authorized to take proof or acknowledgment of real estate conveyances - (a) The proof or acknowledgment of every deed or instrument...
§ 16-47-104. Attestation of acknowledgments - (a) In cases of acknowledgment or proof of deeds or...
§ 16-47-105. Certificate of acknowledgment - Every court or officer that shall take the proof or...
§ 16-47-106. Manner of making acknowledgment — Proof of deed or instrument — Proof of identity of grantor or witness - (a) The acknowledgment of deeds and instruments of writing for...
§ 16-47-107. Forms for acknowledgment - (a) For all deeds, conveyances, deeds of trust, mortgages, and...
§ 16-47-108. Validation of instruments affecting title to property - All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and...
§ 16-47-109. Validation of acknowledgments of personnel of armed forces - All acknowledgments taken before March 20, 1945, and subscribed by...
§ 16-47-110. Recorded deed or written instrument affecting real estate - (a) Every deed or instrument in writing which conveys or...
Subchapter 2 - Uniform Acknowledgment Act
§ 16-47-201. Acknowledgment of instruments - Any instrument may be acknowledged in the manner and form...
§ 16-47-202. Officials authorized to take within the state - The acknowledgment of any instrument may be made in this...
§ 16-47-203. Officials authorized to take within the United States - The acknowledgment of any instrument may be without the state...
§ 16-47-204. Officials authorized to take without the United States - The acknowledgment of any instrument may be made without the...
§ 16-47-205. Proof of identity of person making - The officer taking the acknowledgment shall know or have satisfactory...
§ 16-47-206. Acknowledgment by a married woman - An acknowledgment by a married woman may be made in...
§ 16-47-208. Execution of certificate by officer - The certificate of the acknowledging officer shall be completed by...
§ 16-47-209. Authentication of acknowledgments - (a) If the acknowledgment is taken within this state or...
§ 16-47-210. Acknowledgments under laws of other states - Notwithstanding any provision in this act contained, the acknowledgment of...
§ 16-47-211. Validation of unauthenticated writings affecting title to property - All deeds, conveyances, deeds of trust, mortgages, mineral leases, marriage...
§ 16-47-212. Act cumulative - This act shall be cumulative to other acts of the...
§ 16-47-213. Acknowledgments by persons serving in or with the armed forces of the United States within or without the United States - In addition to the acknowledgment of instruments in the manner...
§ 16-47-214. Acknowledgments previously taken unaffected - No acknowledgment heretofore taken shall be affected by anything contained...
§ 16-47-215. Uniformity of interpretation - This act shall be so interpreted as to make uniform...
§ 16-47-216. Title of act - This act may be cited as the “Uniform Acknowledgment Act”.
§ 16-47-217. Validation of prior acknowledgments — Construction of uniform act - It is the intent and purpose of this section that...
§ 16-47-218. Validation of acknowledgments — Construction of acts - All acknowledgments taken subsequent to Acts 1959, No. 127 either...