Title 16 — Practice, Procedure, And Courts

(a) All actions in favor of and in which the state is interested shall be brought in the name of the state and shall be prosecuted by the prosecuting attorney. (b) All actions by or against the state shall be prosecuted and defended, proceeded in, and conducted to final judgment …

(a) Any action required by law to be brought in the name of the state against any corporation, or to vacate or repeal any charter, may be brought in any county in the state before any court having jurisdiction of the action. (b) Service of process in any such action may be made i…

Where officers, corporations, or officers of corporations are required to report to the Auditor of State the moneys in their hands belonging to the state or due by them or by a corporation to the state, at a certain period or periods fixed by law, and a fine or penalty is imposed…

When the debt is due by a county sheriff, clerk, or the Director of the Revenue Division of the Department of Finance and Administration, or any other receiver of public moneys, for money collected or received, and the officer, collector, or receiver has failed to pay the money i…

(a) All actions and suits for the recovery of the purchase money of lands which were granted to this state by the United States by Acts of Congress, March 2, 1827, June 23, 1836, and September 4, 1841, and any and all lands which have at any time, and from time to time, been gran…

In suits brought in behalf of the state, no debt or claim shall be allowed as a setoff other than those which have been exhibited to the Auditor of State and by him or her allowed, except only in cases when it shall be proven to the satisfaction of the court that the defendant at…

(a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any ot…

(a) The county sheriff or other officer collecting any money due to the state shall pay the money into the State Treasury and obtain a final discharge therefor. No money due the state shall be paid to the Attorney General or any other attorney or agent employed in the collection …

(a) Appeals and writs of error may be brought by any of the prosecuting attorneys, in the name and on behalf of the state, in like manner as by individuals, except when it may be otherwise provided by law. (b) All appeals or writs of error taken or prosecuted by the state shall, …

The Attorney General or prosecuting attorney may make out and certify to the Auditor of State an account of the postage he or she may have paid in sending out notices and process, and upon letters sent or received by him or her, relating to actions or proceedings in which the sta…

(a) The General Assembly finds that:(1) The common law doctrine of judicial immunity from civil suit has been accepted by the courts under Peterson v. Judges of Jefferson County Circuit Court, 2014 Ark. 228 (per curiam) and Pierson v. Ray, 386 U.S. 547 (1967), and is state law; a…

(1) As used in this subchapter:(1) “Frivolous” means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law;(2) “Inmate” or “inmate in a penal institution” includes, but is not limited to, a…

(a) A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether o…

(1) If the court determines before or at trial that one (1) or more of the causes of action are frivolous or malicious, any one (1) or more of the following sanctions may be imposed:(1) Award attorney's fees and actual costs incurred by the state, the Division of Correction, or t…

(a) Any award of attorney's fees or costs, or the imposition of a sanction shall serve as a judgment against the inmate, and the Division of Correction is authorized to take up to fifty percent (50%) of the inmate's account per month until paid. (b) The judgment shall be subject …

(a) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983, or any other federal law until the incarcerated person has exhausted all available admini…

(a) The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under 42 U.S.C. § 1983 or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to…

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it enters into negotiations concerning the possible settlement of pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by…

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it communicates to a court, counsel, or citizens, or otherwise, with respect to the possibility of settling, on any terms or conditions, any pending or threatened claims or litigat…