Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies

§ 16-106-103. Actions against officers, corporations, etc., for certain penalties - Where officers, corporations, or officers of corporations are required to...

§ 16-106-104. Actions against county sheriff, clerk, collector of the revenue, etc., for recovery of money - When the debt is due by a county sheriff, clerk,...

§ 16-106-105. Actions against state regarding federal land grants - (a) All actions and suits for the recovery of the...

§ 16-106-106. Setoff against state - In suits brought in behalf of the state, no debt...

§ 16-106-107. Enforcement of execution - (a) Whenever an execution against a public debtor shall not...

§ 16-106-108. Disposition of state money - (a) The county sheriff or other officer collecting any money...

§ 16-106-109. Appeal and error by state - (a) Appeals and writs of error may be brought by...

§ 16-106-110. Repayment of Attorney General or prosecuting attorney for postage used - The Attorney General or prosecuting attorney may make out and...

§ 16-106-111. Exception to judicial immunity — Definitions - (a) The General Assembly finds that: (1) The common law...

Subchapter 2 - Prisoners — Court Actions

§ 16-106-201. Definitions - As used in this subchapter: (1) “Frivolous” means having no...

§ 16-106-202. Premature, frivolous, or malicious lawsuits - (a) A civil action or claim initiated against the state,...

§ 16-106-203. Sanctions - If the court determines before or at trial that one...

§ 16-106-204. Fees and costs - (a) Any award of attorney's fees or costs, or the...

Subchapter 3 - Prisoners — Administrative Remedies

§ 16-106-301. Exhaustion of administrative remedies required — Definition - (a) An incarcerated person may not bring an action with...

§ 16-106-302. Sanctions for frivolous, malicious, or wasteful claim - (a) The court shall, on its own motion or on...

Subchapter 4 - Waiver of Sovereign Immunity

§ 16-106-401. Settlement negotiations - The State of Arkansas does not waive its sovereign immunity...

§ 16-106-402. Communications regarding claims or litigation - The State of Arkansas does not waive its sovereign immunity...

Chapter 107 - Actions Involving Bonds, Notes, Etc.

Subchapter 1 - General Provisions

§ 16-107-101. Liability of surety upon forgery, erasure, or withdrawal of cosurety's name - If it appears that the name of any person has...

§ 16-107-102. Signature of surety conditional upon signature of cosurety no defense — Liability - (a) It shall not be a defense in favor of...

Subchapter 2 - Actions on Bonds

§ 16-107-201. Applicability - (a) The provisions of this subchapter in relation to suits...

§ 16-107-202. Breach of condition to pay money - (a) In all actions brought upon bonds to which there...

§ 16-107-203. Breach of condition other than to pay money - (a) When an action shall be prosecuted in any court...

§ 16-107-204. Subsequent breaches - (a) Whenever further breaches shall occur, the plaintiff or his...

§ 16-107-205. Official bonds generally - (a) In all cases where by the laws of this...

§ 16-107-206. Official bonds — Subsequent breaches - (a) Any person who may have recovered any judgment upon...

§ 16-107-207. Official bonds — Plea and liability of surety - (a) No suit shall be barred nor shall the amount...

§ 16-107-208. Official bonds — Judgment - (a) Whenever a judgment shall be obtained on any official...

Subchapter 3 - Sureties' Remedies

§ 16-107-301. Action against principal to discharge debt - A surety may maintain an action against his or her...

§ 16-107-302. Action against principal before debt due - (a) A surety may maintain an action against his or...

§ 16-107-303. Recovery of money and property from principal debtor - (a) When any bond, bill, or note for the payment...

§ 16-107-304. Action against cosurety - (a) When there are two (2) or more securities in...

§ 16-107-305. Judgment against principal on motion - (a) In all cases where judgment is given in any...

§ 16-107-306. Action against executors and administrators - Actions for the remedies given by this section and §§...

Chapter 108 - Arbitration and Award

Subchapter 1 - General Provisions

§ 16-108-101. Proceedings - The proceedings upon arbitration and award made under an order...

§ 16-108-102. Submission of controversy - (a) All controversies which might be the subject of a...

§ 16-108-103. Oath and powers of arbitrators and umpires - (a) (1) Arbitrators and the umpire, if there is one,...

§ 16-108-104. Submission by fiduciaries - (a) The personal representatives of a decedent, guardian of an...

§ 16-108-105. Refusal of arbitrator to act - If any arbitrator fails or refuses to act, the court...

§ 16-108-107. Award - (a) (1) The arbitrators and umpire, if there is one,...

Subchapter 2 - Uniform Arbitration Act

§ 16-108-201. Definitions - In this subchapter: (1) “Arbitration organization” means an association, agency,...

§ 16-108-202. Notice - (a) Except as otherwise provided in this subchapter, a person...

§ 16-108-203. When subchapter applies - (a) This subchapter governs an agreement to arbitrate made on...

§ 16-108-204. Effect of agreement to arbitrate — Nonwaivable provisions - (a) Except as otherwise provided in subsections (b) and (c),...

§ 16-108-205. Application for judicial relief - (a) Except as otherwise provided in § 16-108-228, an application...

§ 16-108-206. Validity of agreement to arbitrate - (a) An agreement contained in a record to submit to...

§ 16-108-207. Motion to compel or stay arbitration - (a) On motion of a person showing an agreement to...

§ 16-108-208. Provisional remedies - (a) Before an arbitrator is appointed and is authorized and...

§ 16-108-209. Initiation of arbitration - (a) A person initiates an arbitration proceeding by giving notice...

§ 16-108-210. Consolidation of separate arbitration proceedings - (a) Except as otherwise provided in subsections (c) and (d),...

§ 16-108-211. Appointment of arbitrator — Service as a neutral arbitrator - (a) If the parties to an agreement to arbitrate agree...

§ 16-108-212. Disclosure by arbitrator - (a) Before accepting appointment, an individual who is requested to...

§ 16-108-213. Action by majority - If there is more than one arbitrator, the powers of...

§ 16-108-214. Immunity of arbitrator — Competency to testify — Attorney's fees and costs - (a) An arbitrator or an arbitration organization acting in that...

§ 16-108-215. Arbitration process - (a) An arbitrator may conduct an arbitration in such manner...

§ 16-108-216. Representation by lawyer - A party to an arbitration proceeding may be represented by...

§ 16-108-217. Witnesses — Subpoenas — Depositions — Discovery - (a) An arbitrator may issue a subpoena for the attendance...

§ 16-108-218. Judicial enforcement of preaward ruling by arbitrator - If an arbitrator makes a preaward ruling in favor of...

§ 16-108-219. Award - (a) An arbitrator shall make a record of an award....

§ 16-108-220. Change of award by arbitrator - (a) On motion to an arbitrator by a party to...

§ 16-108-221. Remedies — Fees and expenses of arbitration proceeding - (a) An arbitrator may award any damages that a court...

§ 16-108-222. Confirmation of award - After a party to an arbitration proceeding receives notice of...

§ 16-108-223. Vacating award - (a) Upon motion to the court by a party to...

§ 16-108-224. Modification or correction of award - (a) Upon motion made within ninety days after the movant...

§ 16-108-225. Judgment on award — Attorney's fees and litigation expenses - (a) Upon granting an order confirming, vacating without directing a...

§ 16-108-226. Jurisdiction - (a) A court of this state having jurisdiction over the...

§ 16-108-227. Venue - A motion under § 16-108-205 must be made in the...

§ 16-108-228. Appeals - (a) An appeal may be taken from: (1) an order...

§ 16-108-230. Relationship to Electronic Signatures in Global and National Commerce Act - The provisions of this subchapter governing the legal effect, validity,...

§ 16-108-233. Savings clause — Certain actions excluded - (a) This subchapter does not affect an action or proceeding...

Chapter 110 - Attachment and Garnishment

Subchapter 1 - General Provisions

§ 16-110-101. Grounds generally for attachment - The plaintiff in a civil action, at or after its...

§ 16-110-102. Garnishment generally - (a) (1) Whenever, in a civil action, the plaintiff shall...

§ 16-110-103. Attachment in tort actions - (a) In actions for torts committed in this state or...

§ 16-110-104. Attachment before debt due - (a) In an action brought by a creditor against his...

§ 16-110-105. Venue - Attachments may be sued out, and the actions in which...

§ 16-110-106. Order of attachment - (a) (1) An order of attachment shall be made by...

§ 16-110-107. Bond - (a) The order of attachment shall not be issued by...

§ 16-110-108. Service of orders and processes - The orders and processes in provisional remedies issued from the...

§ 16-110-109. Priority of orders of attachment - Where there are several orders of attachment against the same...

§ 16-110-110. Issuance of orders of attachments to other counties - (a) Orders of attachment may be issued to the county...

§ 16-110-111. Execution of order of attachment generally - (a) The order of attachment shall be executed by the...

§ 16-110-112. Attachment of funds in court - (a) Where the property to be attached is a fund...

§ 16-110-113. Attachment on joint or common property - The county sheriff shall not, in executing an order of...

§ 16-110-114. Attachment on property claimed by another - (a) When any county sheriff shall levy a writ of...

§ 16-110-115. Lien of attachment on property of defendant - (a) An order of attachment binds the defendant's property in...

§ 16-110-116. Property removed from county - If, after an order of attachment has been placed in...

§ 16-110-117. Bond of defendant for retention of property - (a) The county sheriff may deliver any attached property to...

§ 16-110-118. Motion to discharge before term of court - (a) On reasonable notice to the plaintiff, the defendant may,...

§ 16-110-119. Return of writ - (a) The county sheriff shall return, upon every order of...

§ 16-110-120. Removal of pending proceedings - (a) In all actions in which attachments may be pending...

§ 16-110-121. Collection, preservation, and sale of property - (a) (1) The court shall make proper orders for the...

§ 16-110-122. Bond for restitution of property - (a) If the defendant at any time before the judgment...

§ 16-110-123. Appearance by execution of bond - In an action where an attachment has been granted, the...

§ 16-110-124. Defendant's answer by affidavit - (a) The defendant may file his or her affidavit denying...

§ 16-110-125. Proof by deposition or testimony - Either party may take proof by deposition, to be read...

§ 16-110-126. Testimony required for insufficient property - (a) When it appears by the affidavit of the plaintiff...

§ 16-110-127. Appearance by garnishee - (a) Each garnishee summoned shall appear. The appearance may be...

§ 16-110-128. Time for disposition of attachment - (a) An attachment obtained at the commencement of an action...

§ 16-110-129. Discharge of garnishee - (a) The garnishee may pay the money owing to the...

§ 16-110-130. Motion to discharge - (a) At any time before the attachment is sustained, the...

§ 16-110-131. Judgment for defendant - (a) If judgment is rendered in the action for the...

§ 16-110-132. Judgment in favor of plaintiff - (a) If judgment is rendered in favor of the plaintiff...

§ 16-110-133. Judgment against garnishee - (a) Upon the service of a summons upon any garnishee...

§ 16-110-134. Intervention before sale - (a) Before the sale of any attached property, or before...

§ 16-110-135. Repossession of property by county sheriff - (a) The court may order the county sheriff to repossess...

§ 16-110-136. Sale of property - (a) The court may compel the delivery to the county...

§ 16-110-137. Judgment on bond - (a) If the plaintiff shall recover against the defendant, and...

§ 16-110-139. Powers of court - The court may, from time to time, make and enforce...

Subchapter 2 - Attachment Against Specific Property

§ 16-110-201. Other procedures applicable - The provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115...

§ 16-110-202. Enforcement of mortgage, lien, etc., of personal property - In an action to enforce a mortgage of, or lien...

§ 16-110-203. Action by vendor to vacate fraudulent purchase - In an action by a vendor of property fraudulently purchased...

§ 16-110-204. Grant of attachments generally - The attachments in the cases mentioned in §§ 16-110-202 and...

§ 16-110-205. Security and bond - (a) In every case the plaintiff shall be required to...

§ 16-110-206. Order of attachment - (a) The order of attachment shall describe the specific property...

§ 16-110-207. Disposition of attached property - The county sheriff shall make such disposition of the attached...

§ 16-110-208. Conditions of bond to obtain discharge - The court may, in any of the cases mentioned in...

§ 16-110-209. Removal of property from county - Where, after an order of attachment against specific property has...

§ 16-110-210. Concealment of property - Where it appears, by return of the county sheriff or...

§ 16-110-211. Enforcement of bonds - Performance of bonds to obtain discharge of specific attachments or...

Subchapter 3 - Attachment of Boats and Vessels

§ 16-110-301. Liability for debts for building, repairing, fitting, etc - (a) Boats and vessels of all descriptions built, repaired, or...

§ 16-110-302. Liability for contracts and torts - (a) All boats and vessels of all descriptions built, repaired,...

§ 16-110-303. Affidavit for attachment - Any person having a demand, contracted as mentioned in §...

§ 16-110-304. Election of remedy - (a) The plaintiff may make his or her election either...

§ 16-110-305. Bond of plaintiff - In all cases where the proceedings are instituted against the...

§ 16-110-306. Filing complaint on return of attachment - Upon the return of the attachment, the plaintiff shall file...

§ 16-110-307. Procedure - The attachment shall proceed in like manner in all other...

§ 16-110-308. Collection of wages - All engineers, pilots, mariners, boatmen, and others employed in any...

§ 16-110-309. Discharging bond - If the owner, master, supercargo, or consignee of any such...

Subchapter 4 - Garnishment Proceedings

§ 16-110-401. Grounds - (a) (1) In all cases where any plaintiff may begin...

§ 16-110-402. Procedure in issuing writs of garnishment - (a) (1) Upon application for a writ of garnishment by...

§ 16-110-403. Filing of interrogatories - The plaintiff shall, on the day on which he or...

§ 16-110-404. Answers to interrogatories - The garnishee shall, on the return day named in the...

§ 16-110-405. Denial of answer - (a) If the garnishee files his or her answer to...

§ 16-110-406. Failure of bank to answer - (a) If any garnishee that is a bank, savings bank,...

§ 16-110-407. Failure of garnishee to answer - (a) If any garnishee, after having been duly served with...

§ 16-110-408. Discharge of garnishment issued before judgment upon filing of bond by defendant - (a) (1) Whenever a garnishment is issued in any action...

§ 16-110-409. Discharge of garnishee before judgment upon surrender of property - (a) If on the return day of any writ of...

§ 16-110-410. Discharge of garnishee upon judgment or judgment for plaintiff - (a) If the issue is found for the garnishee, he...

§ 16-110-411. Effect of judgment against garnishee - In all cases where judgment shall be rendered against any...

§ 16-110-412. Issuance of writ and judgment to another county - Writs of garnishment may be issued from the circuit court...

§ 16-110-413. Garnishment against state or subdivision of state after judgment - (a) (1) Any indebtedness, goods and chattels, moneys, credits, or...

§ 16-110-414. Garnishment against railroad for certain wages after judgment - (a) No garnishment shall be issued by any court in...

§ 16-110-415. Garnishment of wages - (a) Upon the garnishment of salaries, wages, or other compensation...

§ 16-110-416. Notice to employer garnishee - In any garnishment of salaries, wages, or other compensation due...

§ 16-110-417. Handling costs for withholding - (a) A payor may withhold up to two dollars and...

Chapter 111 - Uniform Declaratory Judgments Act

§ 16-111-101. Scope - Courts of record within their respective jurisdictions shall have power...

§ 16-111-102. Power to construe, etc - Any person interested under a deed, will, written contract or...

§ 16-111-104. Executor, etc - Any person interested as or through an executor, administrator, trustee,...

§ 16-111-105. Enumeration not exclusive - The enumeration in §§ 16-111-102 and 16-111-104 does not limit...

§ 16-111-106. Discretionary - The court may refuse to render or enter a declaratory...

§ 16-111-107. Review - All orders, judgments and decrees under this chapter may be...

§ 16-111-108. Supplementary relief - Further relief based on a declaratory judgment or decree may...

§ 16-111-109. Jury trial - When a proceeding under this chapter involves the determination of...

§ 16-111-110. Costs - In any proceeding under this chapter the court may make...

§ 16-111-111. Parties - (a) When declaratory relief is sought, all persons shall be...

§ 16-111-112. Construction - This chapter is declared to be remedial; its purpose is...

§ 16-111-113. Words construed - The word “person” wherever used in this chapter, shall be...

§ 16-111-114. Provisions severable - The several sections and provisions of this chapter except §§...

Chapter 112 - Habeas Corpus

Subchapter 1 - General Provisions

§ 16-112-101. Procedure - The writ of habeas corpus shall be issued, served, and...

§ 16-112-102. Officers permitted to issue - (a) (1) The writ of habeas corpus shall be issued...

§ 16-112-103. Petition - (a) (1) The writ of habeas corpus shall be granted...

§ 16-112-104. Bond prior to issuance of writ - (a) The officer granting the writ may previously require bond,...

§ 16-112-105. Form of writ - (a) Writs of habeas corpus may be granted without the...

§ 16-112-106. Service of writ - (a) The writ shall be served by any qualified officer...

§ 16-112-107. Removal from county within 15 days of term of certain court prohibited — Exception - No person charged with a criminal offense shall be removed...

§ 16-112-108. Return - (a) The writ shall be made returnable within three (3)...

§ 16-112-109. Information relating to commitment - (a) When the party for whose relief a writ of...

§ 16-112-110. Failure to produce petitioner - If any person on whom a writ of habeas corpus...

§ 16-112-111. Order to produce petitioner - When the person who applies for a writ of habeas...

§ 16-112-112. Failure to produce person because of sickness or infirmity - (a) Whenever, from sickness or other infirmity of the person...

§ 16-112-113. Denial, allegations, and amendment of return - (a) The party brought before any court or judge, by...

§ 16-112-114. Witnesses - (a) The officer issuing the writ in vacation or the...

§ 16-112-115. Discharge, remand, admission to bail, or other order — Costs - The judge before whom the writ is returned, after hearing...

§ 16-112-116. Remand generally - It shall be the duty of the court or judge...

§ 16-112-117. Admission to bail or remand - Upon the trial of a habeas corpus, if the judge...

§ 16-112-118. Discharge - (a) No person shall be discharged under the provisions of...

§ 16-112-119. Return of proceedings - The proceedings upon a writ of habeas corpus shall be...

§ 16-112-120. Subsequent imprisonment or commitment prohibited — Exceptions - A person released upon a writ of habeas corpus shall...

§ 16-112-121. Second writ - (a) If a prisoner remanded under the provisions of this...

§ 16-112-122. Issuance of writ by judge without application - Whenever any court of record, any justice of the Supreme...

§ 16-112-123. Emergency warrant - (a) (1) When it shall appear by satisfactory proof that...

Subchapter 2 - New Scientific Evidence

§ 16-112-201. Writ of Habeas Corpus — New scientific evidence - (a) Except when direct appeal is available, a person convicted...

§ 16-112-202. Form of motion - Except when direct appeal is available, a person convicted of...

§ 16-112-203. Contents of motion - (a) The petition filed under this subchapter shall be entitled...

§ 16-112-204. Other pleadings - (a) Within twenty (20) days after the filing of the...

§ 16-112-205. Hearing - (a) Unless the petition and the files and records of...

§ 16-112-206. Appeals - (a) The appealing party, within thirty (30) calendar days after...

§ 16-112-207. Appointment of counsel — Latent fingerprinting services - (a) (1) A person financially unable to obtain counsel who...

§ 16-112-208. Testing procedures — Definition - (a) (1) A court that orders any deoxyribonucleic acid (DNA)...

Chapter 113 - Injunctions

Subchapter 1 - General Provisions

§ 16-113-101. Injunction defined - The injunction provided by the Code of Practice in Civil...

§ 16-113-102. Final judgment or provisional remedy - An injunction may be the final judgment in an action,...

§ 16-113-104. Writ abolished - The writ of injunction is abolished.

Subchapter 2 - Proceedings

§ 16-113-202. Affidavits - (a) On the hearing of an application for an injunction...

§ 16-113-203. Injunction bonds - (a) In every case, the court or judge granting an...

§ 16-113-204. Order of injunction — Issuance — Service - (a) The order of injunction shall be addressed to the...

§ 16-113-205. Service of order unnecessary where notice given — Party bound upon execution of bond - Where notice of the application for an injunction has been...

§ 16-113-206. Party bound upon notice - An injunction binds the party from the time he or...

§ 16-113-207. Not granted when motion overruled — Certificate of refusal - (a) No injunction shall be granted by a circuit judge...

Subchapter 3 - Grant

§ 16-113-301. Authority to grant — Time of grant - (a) The injunction may be granted at the commencement of...

§ 16-113-304. Injunction to stay proceedings on judgment or order brought in court rendering judgment or order — Affidavit - An injunction to stay proceedings on a judgment or final...

§ 16-113-305. Stay of enforcement of statutes or orders of administrative boards - In all cases where applications are made in any court...

§ 16-113-306. Illegal or unauthorized taxes and assessments enjoined - The circuit judge for any county may grant injunctions and...

Subchapter 4 - Modification or Dissolution

§ 16-113-401. Injunctions before final judgment — Control of court - All injunctions granted before final judgment shall be subject to...

§ 16-113-402. Motion to dissolve or modify — Notice - (a) The party enjoined may, at any time, upon reasonable...

§ 16-113-403. Continuance of motion to dissolve or modify - (a) The motion upon the whole case to dissolve or...

§ 16-113-404. Order upon hearing - After hearing the motion, the court or judge shall overrule...

§ 16-113-405. Assessment of damages upon dissolution of injunction or restraining order - (a) (1) Upon the dissolution in whole or in part...

§ 16-113-406. Liability of sureties — Notice - (a) The judgment for damages shall be rendered against the...

Chapter 114 - Malpractice Actions

Subchapter 2 - Actions for Medical Injury

§ 16-114-201. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 16-114-202. Applicability - This subchapter applies to all causes of action for medical...

§ 16-114-203. Statute of limitations - (a) Except as otherwise provided in this section, all actions...

§ 16-114-205. Allegation of damages - (a) In any action for medical injury, the declaration or...

§ 16-114-206. Burden of proof - (a) In any action for medical injury, when the asserted...

§ 16-114-207. Expert witnesses - In any action for medical injury: (1) Rule 702 of...

§ 16-114-208. Damage awards — Periodic payment of future damages - (a) (1) (A) The damages awarded may include compensation for...

§ 16-114-209. False and unreasonable pleadings - (a) If any action for medical injury is filed without...

§ 16-114-210. Employed medical care provider - When a medical care provider is a codefendant with a...

§ 16-114-211. Surveys and inspection reports as evidence - The results of any surveys or inspections by state or...

§ 16-114-212. Tolling of the statute of limitations - (a) If a plaintiff serves written notice of intention to...

§ 16-114-213. Sole remedy - This subchapter is the sole remedy with respect to any...

Subchapter 3 - Accountants and Attorneys

§ 16-114-301. Applicability - This subchapter shall apply only to acts, omissions, decisions, or...

§ 16-114-302. Liability of accountants - No person, partnership, or corporation licensed or authorized to practice...

§ 16-114-303. Liability of attorneys - No person licensed to practice law in Arkansas and no...

Chapter 115 - Mandamus and Prohibition

§ 16-115-101. Definitions - As used in this chapter, unless the context otherwise requires:...

§ 16-115-102. Jurisdiction - The circuit court shall have power to hear and determine...

§ 16-115-103. Precedence of petitions over other actions - Petitions for a writ of mandamus or writ of prohibition...

§ 16-115-104. Hearings — Necessity — Time - (a) It shall be within the discretion of the judge...

§ 16-115-105. Notice of hearing - (a) Notice of hearing upon any petition for a writ...

§ 16-115-106. Answer - The party against whom the writ of mandamus or writ...

§ 16-115-107. Determination of petition - The court shall hear and determine all questions of law...

§ 16-115-108. Interlocutory orders - During the pendency of any proceeding upon a petition for...

§ 16-115-109. Appeals by state - Where the interest or rights of the state or the...

Chapter 116 - Products Liability

Subchapter 1 - General Provisions

§ 16-116-101. Liability of supplier - (a) A supplier of a product is subject to liability...

Subchapter 2 - Arkansas Product Liability Act of 1979

§ 16-116-201. Title - This subchapter may be cited as the “Arkansas Product Liability...

§ 16-116-202. Definitions - As used in this subchapter: (1) “Anticipated life” means the...

§ 16-116-203. Limitation on actions - All product liability actions shall be commenced within three (3)...

§ 16-116-204. Considerations for trier of fact - (a) (1) In determining the liability of the manufacturer, the...

§ 16-116-205. Defenses generally - (a) Compliance by a manufacturer or supplier with any federal...

§ 16-116-206. Evidence of alterations - If a product is not unreasonably dangerous at the time...

§ 16-116-207. Supplier's remedy - A supplier of a defective product who was not the...

Subchapter 3 - Firearms and Ammunition

§ 16-116-301. Proximate cause - (a) In a product liability action, the actual discharge of...

§ 16-116-302. Limitations on actions — Award of fees - (a) A person or other public or private entity may...

§ 16-116-303. Applicability - Nothing contained in this subchapter shall bar recovery by a...

Chapter 117 - Receivership

Subchapter 2 - Appointment and Powers of Receiver Generally

§ 16-117-203. Actions by receivers — Employment of attorneys - In all cases where it is necessary or proper for...

§ 16-117-205. Appointment for corporation, copartnership, or joint-stock company — Powers and duties - (a) Whenever, in any case, a receiver is appointed for...

§ 16-117-206. Cases between individuals - The provisions of §§ 16-117-204 and 16-117-205 shall apply to...

§ 16-117-207. Receivers pendente lite generally - (a) In an action by a vendor to vacate a...

§ 16-117-208. Receiver to preserve mortgaged property - In an action by a mortgagee for the foreclosure of...

§ 16-117-209. Reports and accounts - (a) (1) Receivers shall make report of their proceedings every...

§ 16-117-210. Removal - Receivers and others appointed who are subject to the provisions...

Subchapter 3 - Petition by Insolvent Debtor

§ 16-117-301. Complaint to be declared insolvent — Appointment of receiver - Any insolvent debtor may file in the circuit court of...

§ 16-117-302. Delivery of property — Selection of exempt property - (a) When the receiver has been qualified, the debtor shall...

§ 16-117-303. List of creditors furnished — Notice - The debtor shall furnish the names and addresses of his...

§ 16-117-304. Attachments — Intervention by receiver — Dismissal and return of property - The receiver shall intervene in every case in which the...

§ 16-117-305. Receiver to convert property into money - As soon as the receiver shall have taken the property...

§ 16-117-306. Distribution of funds - (a) Upon the final hearing, the court, after deducting the...

§ 16-117-307. Insolvent partnerships - In the case of an insolvent partnership, all or any...

Subchapter 4 - Assignments for Benefit of Creditors

§ 16-117-401. Assignee to take possession of property — Inventory — Bond to be given - (a) In all cases in which any person makes an...

§ 16-117-402. Actions contesting assignment - (a) All proceedings for the purpose of contesting the validity...

§ 16-117-403. Contest of assignment due to fraud - Any assignment for the benefit of creditors may be contested...

§ 16-117-404. Sale or disposal of property - (a) Upon the petition of any person interested in the...

§ 16-117-405. Employment of counsel by assignee - In case any portion of the property involved in the...

§ 16-117-406. Account of assignee — Allowances to assignee - (a) The assignee shall, in the circuit court of the...

§ 16-117-407. Liability of assignee on bond - The assignee shall be liable upon his or her bond...

Chapter 118 - Miscellaneous Actions

§ 16-118-101. Agreed cases - (a) Parties to a question which might be the subject...

§ 16-118-102. Obtaining discovery - (a) No action to obtain a discovery shall be brought...

§ 16-118-103. Gambling debts and losses - (a) (1) (A) (i) Any person who loses any money...

§ 16-118-104. Vendor's action for recovery of property - (a) In any action brought in the courts of this...

§ 16-118-105. Usurpation of office or franchise — Vacation of charters - (a) In lieu of the writs of scire facias and...

§ 16-118-106. Alienation of affection and criminal conversation - The actions of alienation of affection and criminal conversation are...

§ 16-118-107. Civil action by crime victim - (a) (1) Any person injured or damaged by reason of...

§ 16-118-108. Civil actions against sellers of drug paraphernalia — Definition - (a) As used in this subchapter, “drug paraphernalia” means those...

§ 16-118-109. Civil cause of action for victims of human trafficking — Definition - (a) As used in this section, “victim of human trafficking”...

§ 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...

§ 16-118-111. Civil actions against operators of an unmanned aircraft system - A person who violates § 5-60-103 is also liable to...

§ 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...

§ 16-118-113. Civil cause of action for unauthorized access to property — Definitions - (a) As used in this section: (1) “Commercial property” means:...

§ 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...

§ 16-118-115. Civil actions regarding violations of § 5-73-326 - An employer or employee who knowingly violates § 5-73-326 is...

§ 16-118-116. Civil actions for unlawful female genital mutilation - (a) A person who knowingly commits or attempts to commit...

Chapter 119 - Preservation and Restoration of Records

§ 16-119-101. Other methods of restoration unaffected by chapter - Nothing in this chapter shall be so construed as to...

§ 16-119-102. Proceedings for restoring records generally - In adjudicating upon any petition filed under the provisions of...

§ 16-119-103. Restoration of destroyed judgments generally - (a) If any person or persons, either in the person's...

§ 16-119-104. Restoration of destroyed judgments — Procedural conditions - No reinstating order, sentence, or decree shall be rendered by...

§ 16-119-105. Restoration of records in pending cases - (a) In case any matter or proceeding pending in the...

§ 16-119-106. Papers evidencing title to real or personal property recorded anew - (a) In all cases in which any deed of conveyance,...

§ 16-119-107. Restoration of marriage records - (a) (1) In cases where any marriage has been legally...

§ 16-119-108. Restoration of record of married person's schedule of property - (a) (1) In all cases in which any married woman...

§ 16-119-109. Restoration of bonds of executors, administrators, or guardians - (a) In all cases relating to executorships, administrations, and guardianships...

§ 16-119-110. Certified copies of restored record admissible as evidence - A duly certified copy of the record of any instrument,...

§ 16-119-111. Record books unfit for preservation — Transcriptions to take place of originals - (a) The county courts of the various counties of the...

Chapter 120 - Immunity from Tort Liability

Subchapter 2 - Equine and Livestock Activities

§ 16-120-201. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 16-120-202. Liability - (a) (1) Except as provided in subdivision (a)(2) of this...

Subchapter 3 - Injuries or Damages Related to Criminal Activity

§ 16-120-301. Injury or damage to person committing felony - If a person while committing a felony is injured or...

§ 16-120-302. Use of deadly physical force - (a) A person is immune from civil action for the...

§ 16-120-303. Attempting to protect persons during commission of a felony - No person is civilly liable for an action or omission...

Subchapter 4 - Emergency Assistance

§ 16-120-401. Exemption for requested assistance - Any person or entity who, at the request of any...

Subchapter 5 - Charitable Immunity for a Church or Other Place of Worship

§ 16-120-501. Definitions - As used in this section: (1) “Church or other place...

§ 16-120-502. Charitable immunity for a church or other place of worship that is used as a polling site - A church or other place of worship is entitled to...

§ 16-120-503. Church or other place of worship not vicariously liable - A church or other place of worship or its agent...

§ 16-120-504. Nonliability for damages — Exceptions - A church or other place of worship is not liable...

§ 16-120-505. Subchapter supplemental - This subchapter is supplemental to and does not affect any...

Subchapter 6 - Successor Corporation Asbestos-Related Liability Fairness Act [Effective January 1, 2020]

§ 16-120-601. Title. [Effective January 1, 2020.] - This subchapter shall be known and may be cited as...

§ 16-120-602. Legislative findings. [Effective January 1, 2020.] - The General Assembly finds that: (1) Asbestos-related claims threaten the...

§ 16-120-603. Definitions. [Effective January 1, 2020.] - As used in this subchapter: (1) “Asbestos claim” means any...

§ 16-120-604. Limit on successor asbestos-related liabilities. [Effective January 1, 2020.] - (a) A successor is not liable for any asbestos claim...

§ 16-120-605. Establishing fair market value of total gross assets. [Effective January 1, 2020.] - (a) A successor may establish the fair market value of...

§ 16-120-606. Adjustment. [Effective January 1, 2020.] - (a) Except as provided in subsections (b)-(d) of this section,...

Subchapter 7 - Governing Bodies of Governmental Entities and Nonprofit Corporations

§ 16-120-701. Legislative determination - The General Assembly has determined that nonprofit corporations serve important...

§ 16-120-702. Persons granted immunity - (a) Except as otherwise provided by this subchapter, no member...

§ 16-120-703. Exceptions to immunity grant - (a) The immunity provided by this subchapter shall not extend...

§ 16-120-704. Transfer of assets to avoid claims - If a nonprofit corporation transfers assets to a member of...

Subchapter 8 - Miscellaneous Grants of Tort Immunity

§ 16-120-801. Donors of firefighting equipment not liable — Exception — Definitions - (a) As used in this section: (1) “Donor department” means...

§ 16-120-802. Possession of concealed handgun in parking lot - (a) A business entity, owner or legal possessor of property,...

§ 16-120-803. Immunity for owners of stolen agricultural equipment or off-road vehicles — Definition - (a) (1) As used in this section, “agricultural equipment or...

Subchapter 9 - Wrongful Birth Civil Liability Protection Act

§ 16-120-901. Definitions - As used in this subchapter: (1) “Civil action for wrongful...

§ 16-120-902. Wrongful birth claims — Wrongful life claims - (a) A person is not liable for damages in a...

Subchapter 10 - Arkansas Cycling Activities Act

§ 16-120-1001. Title - This subchapter shall be known and may be cited as...

§ 16-120-1002. Definitions - As used in this subchapter: (1) “Bicycle” means a: (A)...

§ 16-120-1003. Liability of a bicycle outfitter - Except as provided in § 16-120-1004(2): (1) (A) A participant...

§ 16-120-1004. Exclusions - This subchapter does not: (1) Apply to a relationship between...

§ 16-120-1005. Supplemental to other law - The limitation of liability provided by this subchapter is in...

§ 16-120-1006. Signage - A bicycle outfitter shall post and maintain signage in a...

Chapter 121 - Utilities Tampering

§ 16-121-101. Definitions - As used in this subchapter: (1) “Divert” means to change...

§ 16-121-102. Presumptions - (a) The receipt of benefits because of meter tampering or...

§ 16-121-103. Civil cause of action - (a) Any utility supplier damaged through meter tampering or other...

§ 16-121-104. Statute of limitations - Civil actions pursuant to the provisions of this chapter shall...

Chapter 122 - Civil Liability of Persons Caught Shoplifting

§ 16-122-101. Liability of adult, employee, and parent - (a) An adult or emancipated minor who takes possession of...

§ 16-122-102. Written demand required — Amount of damages - (a) Under the provisions of this chapter, the owner or...

§ 16-122-103. Penalty - A conviction for violation of § 5-36-103 shall not be...

Chapter 123 - Civil Rights

Subchapter 1 - Arkansas Civil Rights Act of 1993

§ 16-123-101. Title - This subchapter shall be referred to as the “Arkansas Civil...

§ 16-123-102. Definitions - As used in this subchapter: (1) “Because of gender” means,...

§ 16-123-103. Applicability - (a) The provisions of this subchapter relating to employment shall...

§ 16-123-104. Construction - Nothing in this subchapter shall be construed to waive the...

§ 16-123-105. Civil rights offenses - (a) Every person who, under color of any statute, ordinance,...

§ 16-123-106. Hate offenses - (a) A person may bring a civil action for injunctive...

§ 16-123-107. Discrimination offenses - (a) The right of an otherwise qualified person to be...

§ 16-123-108. Retaliation — Interference — Remedies - (a) Retaliation. A person shall not discriminate against any individual...

Subchapter 2 - Arkansas Fair Housing Act

§ 16-123-201. Title - This subchapter shall be known and may be cited as...

§ 16-123-202. Definitions - As used in this subchapter: (1) “Housing accommodation” includes improved...

§ 16-123-203. Legislative declaration - (a) The opportunity to obtain housing and other real estate...

§ 16-123-204. Conduct prohibited in real estate transactions — Exception - (a) A person engaging in a real estate transaction, or...

§ 16-123-205. Conduct in real estate financing prohibited — Exception - (a) A person to whom application is made for financial...

§ 16-123-206. Contractual provisions - (a) A condition, restriction, or prohibition, including a right of...

§ 16-123-207. Representations prohibited - A person shall not represent, for the purpose of inducing...

§ 16-123-208. Retaliation - Two (2) or more persons shall not conspire to, or...

§ 16-123-209. Violation - A person shall not violate the terms of an order...

§ 16-123-210. Civil remedy — Definition - (a) (1) A person alleging a violation of this subchapter...

Subchapter 3 - Arkansas Fair Housing Commission

§ 16-123-301. Finding - The General Assembly recognizes: (1) That the right to seek...

§ 16-123-302. Definitions - (1) “Aggrieved person” means a person who: (A) Claims to...

§ 16-123-303. Creation — Members - (a) There is created the Arkansas Fair Housing Commission. (b)...

§ 16-123-304. Powers and duties - (a) The Arkansas Fair Housing Commission shall adopt rules necessary...

§ 16-123-305. Director - (a) (1) The Governor shall appoint a Director of the...

§ 16-123-306. Exemptions — Certain sales and rentals - (a) Sections 16-123-310 and 16-123-312 — 16-123-314 do not apply...

§ 16-123-307. Exemptions — Religious organizations, private clubs, and others — Definitions - (a) This subchapter does not prohibit a religious organization, association,...

§ 16-123-308. Exemption — Appraisals - Nothing in this subchapter prohibits a person engaged in the...

§ 16-123-309. Effect on other law - This subchapter does not affect a requirement of nondiscrimination in...

§ 16-123-310. Discrimination in sale or rental of housing - (a) Because of race, color, religion, sex, familial status, or...

§ 16-123-311. Publication indicating discrimination - A person shall not make, print, or publish or cause...

§ 16-123-312. Availability for inspection - A person shall not represent to any person because of...

§ 16-123-313. Entry into neighborhood - A person shall not for profit induce or attempt to...

§ 16-123-314. Disability — Definition - (a) A person shall not discriminate in the sale or...

§ 16-123-315. Residential real estate-related transaction — Definition - (a) A person whose business includes engaging in residential real...

§ 16-123-316. Brokerage services - A person shall not deny persons access to or membership...

§ 16-123-317. Complaint - (a) The Director of the Arkansas Fair Housing Commission shall...

§ 16-123-318. Answer - (a) Not later than the tenth day after receipt of...

§ 16-123-319. Investigation - (a) The Director of the Arkansas Fair Housing Commission shall...

§ 16-123-320. Additional or substitute respondent - (a) The Director of the Arkansas Fair Housing Commission may...

§ 16-123-321. Conciliation - (a) The Director of the Arkansas Fair Housing Commission, during...

§ 16-123-322. Temporary or preliminary relief - (a) If the Director of the Arkansas Fair Housing Commission...

§ 16-123-323. Investigative report - (a) The Director of the Arkansas Fair Housing Commission shall...

§ 16-123-324. Reasonable cause determination - (a) The Director of the Arkansas Fair Housing Commission shall...

§ 16-123-325. Charge - (a) A charge issued under § 16-123-324 shall: (1) Consist...

§ 16-123-326. Land use law - If the Director of the Arkansas Fair Housing Commission determines...

§ 16-123-327. Dismissal - (a) If the Director of the Arkansas Fair Housing Commission...

§ 16-123-328. Pending civil trial - The Director of the Arkansas Fair Housing Commission shall not...

§ 16-123-329. Election of judicial determination - (a) After a charge has been issued under § 16-123-325,...

§ 16-123-330. Attorney General — Action for enforcement - (a) If a timely election is made under § 16-123-329,...

§ 16-123-331. Administrative hearing - (a) (1) If a timely election to commence a civil...

§ 16-123-332. Administrative penalties - (a) If the Arkansas Fair Housing Commission determines at a...

§ 16-123-333. Effect of a commission order - An Arkansas Fair Housing Commission order under § 16-123-331 does...

§ 16-123-334. Licensed or regulated businesses - If the Arkansas Fair Housing Commission issues an order with...

§ 16-123-335. Cooperation with state and federal agencies - (a) The Arkansas Fair Housing Commission is encouraged to cooperate...

§ 16-123-336. Civil action - (a) An aggrieved person may file a civil action in...

§ 16-123-337. Court-appointed attorney - On application by a person alleging a discriminatory housing practice...

§ 16-123-338. Relief - In a civil action under this subchapter, if the court...

§ 16-123-339. Effect if relief granted - Relief granted under this subchapter does not affect a contract,...

§ 16-123-340. Intervention by Attorney General - (a) The Arkansas Fair Housing Commission may authorize the Attorney...

§ 16-123-341. Pattern and practice cases - (a) At the request of the Arkansas Fair Housing Commission,...

§ 16-123-342. Subpoena enforcement - The Arkansas Fair Housing Commission, on behalf of itself or...

§ 16-123-343. Prevailing party - (a) A court in a civil action brought under this...

§ 16-123-344. Intimidation or interference - A person commits an offense if the person, whether or...

§ 16-123-345. Incentives for self-testing and self-correction - (a) (1) A report or result of a self-test, as...

§ 16-123-346. Fair housing education program - (a) The Director of the Arkansas Fair Housing Commission shall...

§ 16-123-347. Arkansas Fair Housing Commission Trust Fund - (a) There is hereby established on the books of the...

§ 16-123-348. Violations — Bodily injury — Penalties - (a) It is unlawful for a person, whether or not...

Subchapter 4 - Religious Freedom Restoration Act

§ 16-123-401. Title - This subchapter shall be known and may be cited as...

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Arkansas Code Title 16 - Practice, Procedure, And Courts Subtitle 7 - Particular Proceedings And Remedies

Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies