Title 43 — Civil Remedies and Procedure
20 chapters · 205 sections in this title.
A.S.C.A. § 43.1301 Definitions
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As used in this chapter, the following definitions apply: (a) “Applicant” means the entity or entities requesting the court’s issuance of an injunction in their favor. (b) “Entity” means an individual, group of individuals, joint venture, partnership, corporation, trust, or other…
A.S.C.A. § 43.1302 Issuance of permanent injunction
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A permanent injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after a full and final trial on the merits of the applicant’s claim and determination that a judgment for money damages will inadequ…
A.S.C.A. § 43.1303 Issuance of preliminary injunction
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(a) A preliminary injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after: (1) there has been a hearing in which sufficient grounds for the issuance of a preliminary injunction has been establis…
A.S.C.A. § 43.1304 Issuance of temporary restraining order
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A temporary restraining order may be issued by a court having subject matter jurisdiction of the case if sufficient grounds for the issuance of a temporary restraining order have been established by way of affidavit, verified complaint, testimony under oath or other competent evi…
A.S.C.A. § 43.1305 Time for hearing on preliminary injunction
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(a) Whenever a temporary restraining order is issued without notice to the opposing party, hearing on whether a preliminary injunction should issue shall be conducted on the earliest day that the business of the court will reasonably permit not to exceed 10 days, unless time is e…
A.S.C.A. § 43.1306 Modification and termination of injunctions
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(a) Upon notice and hearing, or on its own initiative, the court which issued an injunction, or a superior court, may modify an injunction upon terms that are fair. The modification is effective immediately upon its issuance; however, the modification is not effective against an …
A.S.C.A. § 43.1307 Form and scope of injunction
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Every order granting an injunction must set forth the reasons for its issuance. Every injunction issued must be specific in terms, must describe in reasonable detail, and not by reference to the complaint or other document, the acts enjoined, and is binding only upon the opposing…
A.S.C.A. § 43.1308 Transmission to law enforcement agencies
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The clerk of courts transmits a copy of each injunction, modification, or termination thereof, granted under this chapter, by the close of the business day on which the order was granted, to the marshal and law enforcement officer or agency within the court’s discretion that are …
A.S.C.A. § 43.1309 Undertaking-Justification of sureties-Termination of injunction for insufficient sureties
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(a) Before issuing a preliminary injunction or temporary restraining order the court shall, except when the injunction is granted on the application of the United States government, the government, or an officer or agency thereof or on the application of either spouse against the…
A.S.C.A. § 43.1310 Injunction after answer
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After an opposing party has filed a responsive pleading, a temporary restraining order cannot be issued against the opposing party except upon reasonable notice. History: 1981, PL 17-6.
A.S.C.A. § 43.1311 Costs and fees
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If a temporary restraining order or a preliminary injunction has been issued and thereafter it is determined that the applicant should not have been entitled to that injunction, then the opposing party may be awarded reasonable costs and attorney’s fees resulting from the issuanc…
A.S.C.A. § 43.1312 Effect on other laws
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Nothing in this chapter precludes any right to use other existing civil remedies. History: 1981, PL 17-6.
A.S.C.A. § 43.1313 Failure to comply
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Any party failing to comply with an effective injunction issued pursuant to this chapter is, upon a showing of contempt as provided by court rules, subject to the contempt sanctions available to the court issuing the injunction History: 1981, PL 17-6.