Title 16 — Practice, Procedure, And Courts
99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-111-101 Scope
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Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…
Ark. Code Ann. § 16-111-102 Power to construe, etc
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Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validi…
Ark. Code Ann. § 16-111-103 [Reserved.]
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A.C.A. § 16-111-103Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 16-111-104 Executor, etc
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(a) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may ha…
Ark. Code Ann. § 16-111-105 Enumeration not exclusive
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The enumeration in §§ 16-111-102 and 16-111-104 does not limit or restrict the exercise of the general powers conferred in § 16-111-101, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Ark. Code Ann. § 16-111-106 Discretionary
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The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Ark. Code Ann. § 16-111-107 Review
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All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
Ark. Code Ann. § 16-111-108 Supplementary relief
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Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, …
Ark. Code Ann. § 16-111-109 Jury trial
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When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Ark. Code Ann. § 16-111-110 Costs
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In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.
Ark. Code Ann. § 16-111-111 Parties
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(a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validit…
Ark. Code Ann. § 16-111-112 Construction
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This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
Ark. Code Ann. § 16-111-113 Words construed
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The word “person” wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
Ark. Code Ann. § 16-111-114 Provisions severable
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The several sections and provisions of this chapter except §§ 16-111-101 and 16-111-102, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.