Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 5 - Civil Procedure Generally

§ 16-55-118. Laws requiring notice or summons for specified time before term amended to permit action taken on any day court is in session - Whether specifically mentioned in this act or not, any law...

§ 16-55-119. Computation of time - Where a certain number of days are required to intervene...

§ 16-55-120. Affirmation in lieu of oath - Whenever an oath is required by this code, the affirmation...

§ 16-55-121. Successive actions on same contract or transaction - Successive actions may be maintained upon the same contract or...

§ 16-55-122. Contract provisions restricting disclosure of environmental hazards are void - (a) Any provision of a contract or agreement entered into...

Subchapter 2 - Civil Justice Reform Act of 2003

§ 16-55-201. Modification of joint and several liability - (a) In any action for personal injury, medical injury, property...

§ 16-55-202. Assessment of percentages of fault - (a) In assessing percentages of fault, the fact finder shall...

§ 16-55-203. Increase in percentage of several share - (a) (1) Notwithstanding the provisions of §§ 16-55-201 and 16-55-202,...

§ 16-55-204. Applicability of § 16-55-203 - The provisions of § 16-55-203 shall not apply to a...

§ 16-55-205. Acting in concert - (a) Notwithstanding § 16-55-201, a party is responsible for the...

§ 16-55-206. Standards for award of punitive damages - In order to recover punitive damages from a defendant, a...

§ 16-55-207. Burden of proof for award of punitive damages - A plaintiff must satisfy the burden of proof required under...

§ 16-55-208. Limitations on the amount of punitive damages - (a) Except as provided in subsection (b) of this section,...

§ 16-55-209. No right to punitive damages - Nothing in § 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a),...

§ 16-55-210. No limitation on certain judicial duties - Nothing in § 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a),...

§ 16-55-211. Bifurcated proceeding - (a) (1) In any case in which punitive damages are...

§ 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),...

§ 16-55-214. Maximum appeal bond in civil litigation - (a) Appeal bonds shall be determined under § 16-68-301 et...

§ 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,...

§ 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...

§ 16-55-217. 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),...

§ 16-55-218. Attorney General - No provision of § 16-55-201 et seq. and §§ 16-114-206(a),...

§ 16-55-219. Coroner or medical examiner - Nothing in § 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a),...

§ 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),...

Chapter 56 - Limitation Of Actions

Subchapter 1 - General Provisions

§ 16-56-102. Application of limitations — Setoffs - The provisions of this act shall be deemed and taken...

§ 16-56-103. Actions not affected by Rev. Stat., Ch. 91 - (a) The provisions of this act shall not extend to...

§ 16-56-104. Actions with limitation of one year - The following actions shall be commenced within one (1) year...

§ 16-56-105. Actions with limitation of three years - The following actions shall be commenced within three (3) years...

§ 16-56-106. Recovery of charges for medical services - (a) No action shall be brought to recover charges for...

§ 16-56-107. Enforcement of security interest in livestock - (a) No action to enforce a security interest in livestock...

§ 16-56-108. Recovery of statutory penalties - All actions on penal statutes where the penalty, or any...

§ 16-56-109. Actions against sheriffs, coroners, and other officials - (a) All actions against sheriffs and coroners upon any liability...

§ 16-56-110. Sheriffs', coroners', and constables' bonds - (a) Actions on the official bonds of sheriffs and coroners...

§ 16-56-111. Notes and instruments in writing and other writings - (a) Actions to enforce written obligations, duties, or rights, except...

§ 16-56-112. Design, planning, supervision, or observation of construction, repair, etc. — Actions for property damage, personal injury, or wrongful death - (a) No action in contract, whether oral or written, sealed...

§ 16-56-113. Bonds of executors and administrators - Actions on the bonds of executors and administrators shall be...

§ 16-56-114. Judgments and decrees - Actions on all judgments and decrees shall be commenced within...

§ 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...

§ 16-56-116. Persons under disabilities at time of accrual of action - (a) If any person entitled to bring any action under...

§ 16-56-117. Death of person entitled to sue or of a party - (a) If any person entitled to bring any action specified...

§ 16-56-118. Suspension of limitations — Persons in the armed forces - (a) The statutes of limitations in this state are suspended...

§ 16-56-119. Commencement of suit stayed by injunction — Effect - Whenever the commencement of any suit is stayed by an...

§ 16-56-120. Prevention of commencement of action by party - If any person, by leaving the county, absconding, or concealing...

§ 16-56-121. Prevention of commencement of action — Foreign debtors absconding to this state - If any debtor shall fraudulently abscond from any other state,...

§ 16-56-122. Tolling statute — Verbal promise or acknowledgment insufficient - No verbal promise or acknowledgment in any action founded on...

§ 16-56-123. Tolling statute — Endorsement of payment on bond or sealed instrument insufficient - No endorsement of any payment written upon any bond or...

§ 16-56-124. Tolling statute — Promise by joint contractor or executor - When there are two (2) or more joint contractors or...

§ 16-56-125. Actions against tortfeasors whose identity is unknown - (a) For the purposes of tolling the statute of limitations,...

§ 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...

§ 16-56-127. Mutual open accounts — Accrual of cause of action - In actions brought to recover any balance due upon a...

§ 16-56-128. Guaranteed student loans - There shall be no greater statute of limitations defense available...

§ 16-56-130. Civil actions based on sexual abuse - (a) Notwithstanding any other statute of limitations or any other...

Chapter 58 - Commencement Of Action — Process

§ 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...

§ 16-58-102. Style of process issued by judge, justice, or other officer - All writs and process issued by any judge, justice of...

§ 16-58-104. Alias or pluries writs - When any writ or other process issued out of any...

§ 16-58-105. Seal - All writs shall be sealed with the judicial seal of...

§ 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,...

§ 16-58-110. Sheriff to attend clerk's office to receive process - It shall be the duty of the sheriff or one...

§ 16-58-111. Endorsement of day and hour of receipt on process - The sheriff shall endorse upon every summons, order of arrest,...

§ 16-58-115. Sheriff to note time of service - When a sheriff serves a summons, he or she shall...

§ 16-58-116. Acknowledgment of service - Service may be acknowledged by the defendant by an endorsement...

§ 16-58-117. Return - (a) (1) Each sheriff, coroner, and constable, on the return...

§ 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...

§ 16-58-121. Method of service — Nonresident or absent owner, chauffeur, driver, or operator — Survival of action - (a) (1) The acceptance by a nonresident owner, chauffeur, driver,...

§ 16-58-122. Method of service — Owner or operator of motor buses or trucks - (a) When the defendant is the owner or operator of...

§ 16-58-123. Method of service — Owner or officer of steamboat or watercraft - When any action to recover judgment against the owners or...

§ 16-58-124. Method of service — Corporations - (a) When the defendant is a corporation created by the...

§ 16-58-125. Method of service — Corporate agent at branch office - (a) (1) Any and all foreign and domestic corporations which...

§ 16-58-126. Method of service — Corporations — Secretary of State - Whenever process in any suit against a domestic corporation cannot...

§ 16-58-127. Method of service — Foreign corporations - Where the defendant is a foreign corporation having an agent...

§ 16-58-129. Method of service — Insurance company - Where the defendant is an incorporated insurance company and the...

§ 16-58-132. Refusal to accept process served by mail - Where service of summons, process, or notice is provided for...

Chapter 59 - Lis Pendens

§ 16-59-101. Filing of notice required to constitute constructive notice of pending action - To render the filing of any suit at law or...

§ 16-59-102. Contents of notice - The notice of the pendency of the suit shall set...

§ 16-59-103. Duty of recorder of deeds - It shall be the duty of the recorder of deeds...

§ 16-59-104. Index of notices - The recorder of deeds shall immediately upon the filing of...

§ 16-59-105. Fees of recorder — Taxing as costs - For the indexing and recording of the notice of the...

§ 16-59-106. Accounts due state lien from commencement of action - The amount of any account audited, adjusted, and found due...

§ 16-59-107. Copy of notice as evidence - A copy of the record, authenticated by the recorder of...

Chapter 60 - Venue

Subchapter 1 - General Provisions

§ 16-60-101. Venue in circuit courts — General rules and exceptions - (a) A civil action other than a civil action mentioned...

§ 16-60-102. Local actions - A civil action for the following causes shall be brought...

§ 16-60-103. Actions brought where cause of action arose - A civil action for the following causes shall be brought...

§ 16-60-104. Actions that shall be brought in Pulaski County - The following civil actions shall be brought in Pulaski County:...

§ 16-60-105. Actions for medical injury - A civil action for medical injury brought under § 16-114-201...

§ 16-60-106. Actions on debt, account, or note against certain public entities - A civil action on a debt, account, or note, or...

§ 16-60-107. Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor — Affidavit of contractor - (a) A civil action in contract by a resident subcontractor,...

§ 16-60-108. Action by insured or beneficiary against surety on contractor's performance bond - A civil action brought in this state by or in...

§ 16-60-109. Actions against a public school district - A civil action, other than a civil action described in...

Subchapter 2 - Change of Venue

§ 16-60-201. Motion — Notice - (a) (1) Any party to a civil action to be...

§ 16-60-202. No change made unless found necessary - Except as provided under § 16-60-201(e), the venue of civil...

§ 16-60-203. Objection to petition — Order - Upon presenting the petition, which may be resisted, and upon...

§ 16-60-204. Procedure when order granted — Transmission of papers — Fees - (a) When the order for change of venue is obtained...

§ 16-60-205. Number of changes limited - Only one (1) order for a change of venue shall...

§ 16-60-206. Time for trial after change - In all cases of change of venue, the action shall...

§ 16-60-207. Domestic relations - The venue of domestic relations cases in this state may...

Chapter 61 - Parties

Subchapter 1 - General Provisions

§ 16-61-102. Married persons - (a) If a husband and wife are sued together, the...

§ 16-61-107. Insanity during pendency of action — Guardian joined - Where a party is judicially found to be of unsound...

§ 16-61-109. Fees of guardian or attorney appointed to defend infant, insane person, or prisoner — Costs - A guardian or attorney appointed on the application of the...

§ 16-61-110. Foreign executors, administrators, and guardians - Administrators, executors, and guardians appointed in any of the states,...

§ 16-61-111. Joint and several obligors - (a) Joint obligations shall be construed to have the same...

§ 16-61-112. Assignments - (a) When the assignment is not authorized by statute, the...

Subchapter 2 - Uniform Contribution Among Tortfeasors Act

§ 16-61-201. Definitions - As used in this subchapter: (1) “Joint tortfeasor” means two...

§ 16-61-202. Right of contribution — Accrual — Pro rata share - (a) The right of contribution exists among joint tortfeasors. (b)...

§ 16-61-204. Release — Effect on injured person's claim and on right of contribution - (a) A release by the injured person of one (1)...

§ 16-61-206. Indemnity - This subchapter does not impair any right of indemnity under...

§ 16-61-207. Third party practice — Amended complaints — Counterclaims and cross-complaints — Motion practice - (1) Before answering, a defendant seeking contribution in a tort...

§ 16-61-208. Constitutionality - If any provision of this subchapter, or the application thereof,...

§ 16-61-209. Uniformity of interpretation - This subchapter shall be so interpreted and construed as to...

§ 16-61-210. Short title - This subchapter may be cited as the “Uniform Contribution Among...

§ 16-61-211. Repeal - All acts or parts of acts which are inconsistent with...

§ 16-61-212. Emergency clause - Because the passage of this subchapter will invite parties litigant...

Chapter 62 - Survival And Abatement Of Actions

§ 16-62-101. Survival of actions — Wrongs to person or property - (a) (1) For wrongs done to the person or property...

§ 16-62-102. Wrongful death actions — Survival - (a) (1) Whenever the death of a person or an...

§ 16-62-103. Suits involving public officers - No suit, action, or other proceeding lawfully commenced by or...

§ 16-62-107. Revivor of actions against personal representative of defendant - (a) An order to revive an action against the personal...

§ 16-62-108. Revivor of actions against plaintiff's representative or successor — Exception - An order to revive an action in the names of...

§ 16-62-109. Time for revivor — Effect of expiration - When it appears to the court by affidavit that either...

§ 16-62-110. Failure of plaintiff's representatives to revive after notice — Motion to strike - At any term of the court succeeding the death of...

§ 16-62-111. Trial not postponed by revivor - When, by the provisions of § 16-62-110, an action stands...

Chapter 63 - Pleadings And Pretrial Proceedings

Subchapter 1 - General Provisions

§ 16-63-101. Pretrial conferences - (a) Actions taken at the conference, amendments allowed to the...

§ 16-63-102. Deposits in court - (a) (1) Whenever, in the exercise of its authority, a...

Subchapter 2 - Pleadings

§ 16-63-206. Setoffs - (a) A setoff may be pleaded in any action for...

§ 16-63-218. Original papers not removed - No original pleading, motion, or deposition shall be permitted to...

§ 16-63-219. Fee for discovery of medical records - A party in a civil action who seeks discovery of...

§ 16-63-220. Reply to action brought by prisoner - (a) (1) (A) Any defendant may waive the right to...

§ 16-63-221. Complaint — Amount in controversy - (a) A plaintiff who files a complaint in a circuit...

Subchapter 3 - Joinder

§ 16-63-302. Failure to join actions — Costs - When any plaintiff brings in the same court several suits...

Subchapter 4 - Continuance or Dismissal

§ 16-63-402. Continuance for absence of evidence or witness - (a) A motion to postpone a trial on account of...

§ 16-63-403. No continuance until costs paid - No order of continuance takes effect until the plaintiff or,...

§ 16-63-404. Dismissal in vacation - The plaintiff or his or her attorney may dismiss any...

§ 16-63-406. Stay of proceedings in which party or attorney is a member or an employee of the General Assembly - (a) (1) Any and all proceedings in suits pending in...

Subchapter 5 - Citizen Participation in Government Act

§ 16-63-501. Title - This subchapter shall be known as and may be cited...

§ 16-63-502. Legislative findings - The General Assembly finds and declares that: (1) It is...

§ 16-63-503. Definitions - As used in this subchapter: (1) “An act in furtherance...

§ 16-63-504. Immunity from suit - Any person making a privileged communication or performing an act...

§ 16-63-505. Verification requirement - For any claim asserted against a person or entity arising...

§ 16-63-506. Failure to properly verify - (a) If a claim governed by § 16-63-505 is not...

§ 16-63-507. Procedure - (a) (1) All discovery and any pending hearings or motions...

§ 16-63-508. Other recovery not precluded - Nothing in this subchapter shall affect or preclude the right...

Chapter 64 - Trial And Verdict

§ 16-64-110. Order of trial - When the jury has been sworn, the trial shall proceed...

§ 16-64-113. Jury may view subject of litigation - Whenever, in the opinion of the court, it is proper...

§ 16-64-114. Jury instructions generally - In the trial of all cases in courts of record...

§ 16-64-115. Jury instructions — Further instruction during deliberations - After the jury has retired for deliberation, if there is...

§ 16-64-116. Conduct of jury after submission of case - (a) When the case is finally submitted to the jury,...

§ 16-64-117. Separation of jury — Admonishment by court - If the jury is permitted to separate, either during the...

§ 16-64-118. Discharge of jury - (a) The jury may be discharged by the court on...

§ 16-64-119. Verdict of jury — Polling jury - (a) When the jury has agreed upon its verdict, they...

§ 16-64-120. Recovery of damages - Whenever damages are recoverable, the plaintiff may claim and recover...

§ 16-64-121. Assessment of damages by jury - When, by the verdict, either party is entitled to recover...

§ 16-64-122. Comparative fault - (a) In all actions for damages for personal injuries or...

§ 16-64-123. Excessiveness of damages generally - The verdict of any jury rendered in any action for...

§ 16-64-124. Remittitur - The circuit judge presiding at the trial, if he or...

§ 16-64-125. Method of serving judgment on defendant constructively summoned - The service of the copy of the judgment, if in...

§ 16-64-126. Title of bona fide purchasers of property unaffected by new trial - The title of purchasers in good faith to any property...

§ 16-64-130. Punitive damage — Contract involving financial institutions - (a) For the purposes of this section, the term “financial...

§ 16-64-131. New business rule — Damages - (a) In a case involving a recognized tort or breach...

Chapter 65 - Judgments Generally

Subchapter 1 - General Provisions

§ 16-65-103. Computation of amount of judgment - In all judgments or decrees rendered by any court of...

§ 16-65-104. Computation of special damages - (a) Where special damages are given by statute and it...

§ 16-65-105. Excess of setoff over claim - (a) If a setoff established at the trial exceeds the...

§ 16-65-106. Reservation of infant's right to show cause against judgment - It shall not be necessary to reserve, in a judgment...

§ 16-65-107. Recital of notice - In all cases where it appears from a recital in...

§ 16-65-108. Judgments, orders, sentences, and decrees without notice void - All judgments, orders, sentences, and decrees made, rendered, or pronounced...

§ 16-65-109. Entry of judgment - (a) When a trial by a jury has been had,...

§ 16-65-110. Judgments by default - (a) Judgments by default rendered by the circuit courts may...

§ 16-65-111. Death of party - (a) If, after a verdict is rendered in any action,...

§ 16-65-112. Entry of judgment upon order book - The judgment must be entered upon the order book and...

§ 16-65-113. Entry into judgment book — Index - (a) The clerk must keep among the records of the...

§ 16-65-114. Interest on judgments - (a) (1) Except as provided in subdivision (a)(2) of this...

§ 16-65-115. Passage of title by decree - (a) In all cases where the court may decree the...

§ 16-65-116. Recordation of decree of conveyance required - (a) In all cases where a circuit court shall decree...

§ 16-65-117. Judgment as lien on land - (a) (1) (A) A judgment in the Supreme Court or...

§ 16-65-118. Liens of officers and attorneys - (a) When any judgment is recovered in a court of...

§ 16-65-120. Sale or transfer of judgment or cause of action — Filing and noting by clerk - (a) The sale of a judgment or any part thereof...

§ 16-65-121. Judgments, etc., effective from date rendered - All judgments, orders, and decrees rendered in open court by...

§ 16-65-122. Records to contain judgment debtors' social security number — Exceptions - The records of all personal judgments rendered in circuit court...

Subchapter 2 - Judgment on Motion

§ 16-65-202. Judgments against officers or securities on defaults - (a) (1) Judgment shall be rendered summarily against the persons...

Subchapter 3 - Judgment by Confession

§ 16-65-301. Appearance and confession - Any person indebted or against whom a cause of action...

§ 16-65-302. Requisites of judgment - The debt or cause of action shall be briefly stated...

§ 16-65-303. Enforcement - A judgment by confession shall authorize the same proceedings for...

§ 16-65-304. Release of errors - The confession shall operate as a release of errors.

Subchapter 5 - Survival and Revival

§ 16-65-501. Scire facias - (a) The plaintiff or his or her legal representatives at...

§ 16-65-502. Survival or revival of judgment upon death of a party - (a) (1) If one (1) or more plaintiffs in a...

§ 16-65-503. Revival against administrators in succession - If any executor or administrator who is a plaintiff or...

§ 16-65-504. Revival of judgment against personal representatives, heirs, and devisees of deceased defendant - (a) A judgment may be revived against the personal representatives,...

§ 16-65-505. Executions issued against defendant and deceased defendants' representatives - Executions may be issued against the surviving defendant and the...

Subchapter 6 - Satisfaction

§ 16-65-601. Entry of disposition of judgment in judgment book - When satisfaction of a judgment or decree shall be acknowledged...

§ 16-65-602. Entry of satisfaction - (a) Whenever the whole judgment shall appear to be satisfied...

§ 16-65-603. Judgments set off against each other - (a) Judgments for the recovery of money may be set...

§ 16-65-604. Collection of judgment enjoined during pendency of action which may be usable as setoff - During the pendency of an action, or while any claim,...

Chapter 66 - Execution Of Judgments

Subchapter 1 - General Provisions

§ 16-66-101. Execution issued on final judgment order - An execution may issue on any final judgment order of...

§ 16-66-102. Execution on registered judgment from another county - The circuit court of any county in this state in...

§ 16-66-103. Execution may issue until collection barred - An execution may be issued upon a judgment at any...

§ 16-66-104. Procedure in issuing writs of execution - (a) Form — In General. The form of a writ...

§ 16-66-105. Debt, damages, and costs endorsed on execution - Every clerk of the courts of record in this state...

§ 16-66-106. Joint execution when judgment against several - On a judgment or decree against several, the execution must...

§ 16-66-107. Death of one or more plaintiffs - (a) The death of one (1) or all the plaintiffs...

§ 16-66-108. Death of part of defendants - The death of part only of the defendants shall not...

§ 16-66-109. Executions directed to any county without court order - Executions issued upon any judgment, order, or decree rendered in...

§ 16-66-110. Endorsement of sheriff - Every sheriff or other officer to whom any execution may...

§ 16-66-111. Priority of writs - If two (2) or more writs of execution come to...

§ 16-66-112. Time execution attaches as lien - An execution shall be a lien on the property in...

§ 16-66-113. Alias execution - (a) If an execution is issued and the plaintiff desires...

§ 16-66-114. Execution against corporations — Attachment - (a) The first process upon a judgment against any private...

§ 16-66-115. Abstract of execution - (a) The clerk shall keep a well-bound book in which...

§ 16-66-116. Conveyances by commissioners - (a) Real property may be conveyed by a commissioner appointed...

§ 16-66-117. Bonds in executions and judicial sales - (a) Every bond taken on the sale of property under...

§ 16-66-118. Defaults of officers - (a) Each officer to whom any execution is delivered shall...

§ 16-66-119. Immunity of law enforcement officers - Any sheriff or other law enforcement officer acting reasonably, in...

Subchapter 2 - Property Subject to Execution — Exemptions

§ 16-66-201. Property subject to execution - The following described property shall be liable to be seized...

§ 16-66-202. Married women's property subject to execution - Whenever a judgment has been recovered against a married woman,...

§ 16-66-203. Encumbered property - (a) Any property, real, personal, or mixed, may be subjected...

§ 16-66-204. Leases subject to execution — Exception - Every unexpired lease of lands shall be subject to execution...

§ 16-66-205. Exemption — Property of state - No property, whether real, personal, or mixed, or effects, credits,...

§ 16-66-206. Exemption — Improvements on public land - It is unlawful to levy upon and sell under any...

§ 16-66-207. Exemption — Family or public graveyards - (a) The clerk and recorder of deeds of the proper...

§ 16-66-208. Exemptions — Wages — Penalty - (a) (1) The wages of all laborers and mechanics not...

§ 16-66-209. Exemption — Proceeds of life, health, accident, and disability insurance — Definition - (a) To the extent permitted by the Arkansas Constitution, all...

§ 16-66-210. Homestead Exemption Act - (a) This section shall be known and may be cited...

§ 16-66-211. Claiming exemptions — Schedule of property — Stay of execution — Levy on remainder of property — Appeal - (a) (1) Whenever any resident of this state, upon the...

§ 16-66-212. Right of homestead not lost by failure to schedule — Wife may claim - (a) A debtor's right of homestead shall not be lost...

§ 16-66-213. Appraisal of property claimed as exempt - (a) Upon application to the justice or clerk by the...

§ 16-66-214. Effect of filing schedule — Sale stayed without bond — Penalty for sale of scheduled property - (a) When the schedule provided for in § 16-66-211 has...

§ 16-66-215. Evasion of exemption law in collection of debt — Penalty - Whoever, whether principal, agent, or attorney, under the statutes of...

§ 16-66-216. Assignment or transfer of debt — Penalty for evasion - Whoever, either directly or indirectly, assigns or transfers any claims...

§ 16-66-217. Election of bankruptcy exemptions - Residents of this state having the right to claim exemptions...

§ 16-66-218. Exemptions from execution under federal bankruptcy proceedings - (a) The following property shall be exempt from execution under...

§ 16-66-219. Wedding rings exempt - A person's wedding ring shall be exempt from attachment, execution,...

§ 16-66-220. Pension and profit-sharing plans - (a) (1) A person's right to the assets held in...

§ 16-66-221. Schedule of property — Filing - (a) Whenever any resident of this state has any final...

Subchapter 3 - Staying, Quashing, or Vacating Writ

§ 16-66-301. Petition to judge, stay, quash, or set aside execution — Proceedings - (a) If any person against whom any execution has been...

§ 16-66-302. Stay not allowed in specified instances - (a) No stay shall be allowed upon: (1) A judgment...

§ 16-66-303. Stay of execution — Bonds - (a) The defendants, except in cases otherwise provided for in...

§ 16-66-304. Sale of personal property suspended upon giving bond - (a) The sale of personal property upon which an execution...

§ 16-66-305. Waiver of right of stay - An agreement to waive the right of stay, or any...

Subchapter 4 - Levy and Sale

§ 16-66-401. Selection of property to be sold — Levy - The person against whom any execution may be issued may...

§ 16-66-402. Levy on real estate — Certificate of levy filed with recorder — Levy as notice to purchaser or mortgagee - (a) It shall be the duty of the sheriff, United...

§ 16-66-403. Levy on joint or partnership property — Assertion of claim - (a) Whenever a sheriff or other officer levies an execution...

§ 16-66-404. Levy on shares or stock in corporations — Statement of shares and encumbrances - (a) Whenever an officer, having an execution or writ of...

§ 16-66-405. Indemnifying bonds - (a) (1) If an officer who levies, or is required...

§ 16-66-406. Forthcoming bond by owner — Default - (a) (1) The owner of personal estate taken in execution...

§ 16-66-407. Expiration of term, death, etc., of officer after levy - (a) Where an officer has levied upon any goods and...

§ 16-66-408. Notice of sale of real and personal property — Advertisement - (a) The time and place of sale of real property...

§ 16-66-409. Time and method of sale - (a) All property taken in execution by any officer shall...

§ 16-66-410. Sale of real estate — Division into tracts - (a) In all sales of real estate, under execution, when...

§ 16-66-411. Sale of lands subject to prior liens - (a) A sale of lands under a junior judgment shall...

§ 16-66-412. Sale of corporate stock — Certificates of purchase - (a) Shares or stock levied upon or seized shall be...

§ 16-66-413. Sale on credit - (a) (1) In all cases where the right to stay...

§ 16-66-414. Default of bidder - (a) If any person refuses to pay the amount bid...

§ 16-66-415. Officers not to bid at sale - No officer to whom any execution may be directed, any...

§ 16-66-416. Return of execution - (a) All executions shall be returnable within ninety (90) days...

§ 16-66-417. Executions from court with similar jurisdiction to justice of the peace — Land exempt — Procedure when returned unsatisfied - (a) Land shall not be levied on or sold under...

§ 16-66-418. Discovery in aid of execution — Equitable proceedings — Attachment - (a) (1) After an execution of fieri facias directed to...

§ 16-66-419. Discovery in aid of execution — Deposition - (a) In any action in the circuit courts of this...

§ 16-66-420. Bill of sale — Delivery of property - When the purchaser of any goods and chattels pays the...

§ 16-66-421. Instrument of conveyance - (a) The officer who shall sell any real estate or...

§ 16-66-422. Execution of instrument conveying improvements on public land - The officer who sells any improvement on the public lands...

Subchapter 5 - Redemption

§ 16-66-501. Certificate of sale given purchaser by sheriff — Return of duplicate - The sheriff shall give the purchaser of any real property,...

§ 16-66-502. Time of redemption of real estate - When any real estate or any interest therein is sold...

§ 16-66-503. Manner of making redemption - The debtor may at any time within twelve (12) months...

§ 16-66-504. Right of judgment creditor to redeem — Entry of redemption upon execution book - (a) At any time before the expiration of twelve (12)...

§ 16-66-505. Redemption from judgment creditor by purchaser - (a) Unless the purchaser, within thirty (30) days from the...

§ 16-66-506. Priority of right of redemption - If any purchaser pays the amount bid by the judgment...

§ 16-66-507. Conveyance by sheriff — Right to possession - (a) After the time for redemption has expired, the sheriff...

Subchapter 6 - Uniform Enforcement of Foreign Judgments Act

§ 16-66-601. Definition - In this subchapter, “foreign judgment” means any judgment, decree, or...

§ 16-66-602. Filing and status of foreign judgments - A copy of any foreign judgment authenticated in accordance with...

§ 16-66-603. Notice of filing - (a) At the time of the filing of the foreign...

§ 16-66-604. Stay - (a) If the judgment debtor shows the court that an...

§ 16-66-605. Fees - Any person filing a foreign judgment shall pay to the...

§ 16-66-606. Optional procedure - The right of a judgment creditor to bring an action...

§ 16-66-607. Uniformity of interpretation - This subchapter shall be so interpreted and construed as to...

§ 16-66-608. Short title - This subchapter may be cited as the “Uniform Enforcement of...

Chapter 67 - Appeal

Subchapter 1 - General Provisions

§ 16-67-101. Time for filing notice of appeal - Time for filing a notice of appeal shall commence upon...

Subchapter 2 - Appeal to Circuit Court

§ 16-67-209. Interest allowed on allowances wrongfully obtained - In cases of allowances made against counties, the circuit court...

Chapter 68 - Costs And Bonds

Subchapter 2 - Bonds Generally

§ 16-68-201. Surety bond required in suits against Treasurer of State or Auditor of State - In any suit brought against the Treasurer of State and...

§ 16-68-202. Married women — Authority to execute bonds — Liability - In case it shall be necessary in the prosecution or...

§ 16-68-203. Sureties - (a) The surety in every bond provided for by this...

§ 16-68-204. Bonds not void for want of form - The bond of no executor or executrix, administrator or administratrix...

§ 16-68-205. New bond to replace defective bond - When any bond provided for by this code is adjudged...

Subchapter 3 - Bonds for Costs

§ 16-68-301. Persons required to give bond for costs — Deposit in lieu of bond — Dismissal of action for noncompliance - (a) Before commencing an action, a plaintiff who is a...

§ 16-68-302. Bond required if plaintiff becomes a nonresident - If the plaintiff in an action, after its institution, becomes...

§ 16-68-303. Bond required of guardian, next friend, or assignee - A guardian or next friend suing for an infant or...

§ 16-68-304. State not required to give security for costs - The state shall not be required or ruled to give...

§ 16-68-305. Requirement of additional security - In an action in which a bond for costs has...

§ 16-68-306. Liability of attorney when bond not given - When process is issued in an action by the direction...

Subchapter 4 - Costs Generally

§ 16-68-401. Actions of trespass - In all actions of trespass, if any damages are found...

§ 16-68-402. Recovery below court's jurisdiction - In all actions other than trespass which may be prosecuted...

§ 16-68-403. Tender of full payment by defendant — Costs - In all actions where tender is made and full payment...

§ 16-68-404. Costs when action unsuccessful against part of several defendants - When several persons are made defendants to any action of...

§ 16-68-405. Suits for use of another — Liability to plaintiff for costs - When a suit is commenced in the name of one...

§ 16-68-406. Action in name of married woman — Liability for costs - In an action brought or defended by any married woman,...

§ 16-68-407. Judgment against security, attorney, or usee on motion - In all cases where there is security for costs or...

§ 16-68-409. Taxation of costs — No charge for service not performed - (a) (1) The clerk shall tax and subscribe all bills...

§ 16-68-410. Execution for costs - (a) In all cases where costs are given by this...

Subchapter 5 - Fees and Fee Bills

§ 16-68-501. Advance payment of fees — Recovery as costs — Unpaid fees — Endorsement on execution - If any party to a suit pays any fees allowed...

§ 16-68-502. Fees of officers endorsed on execution — Fee book - (a) The clerks of the several courts shall endorse on...

§ 16-68-503. Fee bills of officers and witnesses - (a) All officers and witnesses entitled to fees by the...

§ 16-68-504. Collection of fee bill - When any fee bill shall come to the hands of...

§ 16-68-505. Failure of sheriff to collect — Judgment against sheriff - If any sheriff neglects or refuses to levy and collect...

§ 16-68-506. Pro rata division of fees when entire costs not collected - In case the clerk, or, if the costs in any...

§ 16-68-507. Suits by state — Payment of officer's fees - Whenever any civil suit is or has been prosecuted by...

§ 16-68-508. Suits by state — Payment of costs and fees in frivolous civil actions - (a) The defendant in any civil action brought in any...

Subchapter 6 - Incarcerated Persons

§ 16-68-601. Amount of fees and costs - (a) If an incarcerated person, defined for purposes of this...

§ 16-68-602. Additional payment - Nothing in this subchapter shall be construed to prevent an...

§ 16-68-603. Indigency - Nothing in this subchapter should be construed to prohibit an...

§ 16-68-604. Affidavit of inability to pay - (a) Any court of the State of Arkansas may authorize...

§ 16-68-605. Merit of claims - A court in which an affidavit of inability to pay...

§ 16-68-606. Fees upon commencement or dismissal - (a) If the court authorizes the commencement of the action...

§ 16-68-607. Multiple lawsuits — Definition - (a) (1) As used in this section, “civil action or...

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Arkansas Code Title 16 - Practice, Procedure, And Courts Subtitle 5 - Civil Procedure Generally

Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 5 - Civil Procedure Generally