Title 16 — Practice, Procedure, And Courts

The injunction provided by the Code of Practice in Civil Cases is a command to refrain from a particular act.

An injunction may be the final judgment in an action, or may be allowed as a provisional remedy. Where so allowed, it shall be by order.

A.C.A. § 16-113-103Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

The writ of injunction is abolished.

A.C.A. § 16-113-201Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) On the hearing of an application for an injunction of which notice has been given, each party may read affidavits. (b) The affidavits read upon an application for an injunction shall be filed with the papers of the case.

(a) In every case, the court or judge granting an injunction shall specify in the order therefor an amount, for which the party obtaining it shall give security in a bond to the party enjoined, before the injunction shall become effectual. The amount of the bond shall be sufficie…

(a) The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be dated and signed by the clerk. (b) (1) Where the order of injunction is issued at the commencement of the action, it shall be endorsed upon the summons, and the copy the…

Where notice of the application for an injunction has been given to the party enjoined, it shall not be necessary to serve the order upon him or her. He or she is bound by the injunction as soon as the bond required of the adverse party is executed.

An injunction binds the party from the time he or she is informed thereof.

(a) No injunction shall be granted by a circuit judge after a motion therefor has been overruled by the court. (b) A judge refusing an application for an injunction, if requested by the defendant, shall give him or her a certificate thereof.

(a) The injunction may be granted at the commencement of the action or at any time before judgment by the circuit court when it appears by the complaint that the plaintiff is entitled thereto. During litigation, it may be granted by the circuit court when it satisfactorily appear…

A.C.A. § 16-113-302Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 16-113-303Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

An injunction to stay proceedings on a judgment or final order of a court shall not be granted in an action brought by the party seeking the injunction in any other court than that in which the judgment or order was rendered or made, nor shall such injunction be granted by any of…

In all cases where applications are made in any court in this state having jurisdiction thereof to enforce any statute or order of an administrative board or commission of this state, a stay against the enforcement of the statute or order may be issued by the court pending the de…

The circuit judge for any county may grant injunctions and restraining orders, in all cases of illegal or unauthorized taxes and assessments by county, city, or other local tribunals, boards, or officers. No clerk or deputy clerk shall be authorized to grant restraining orders or…

A.C.A. § 16-113-307Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

All injunctions granted before final judgment shall be subject to the further order of the court.

(a) The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff's complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given. (b) After answer filed by the party enjoine…

(a) The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper. (b) When delay is a…

After hearing the motion, the court or judge shall overrule the motion, or dissolve or modify the injunction, according to the right of the case.

(a) (1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bo…

(a) The judgment for damages shall be rendered against the party who obtained the restraining order or injunction and against his or her sureties on the bond, and the judgment for damages shall be conclusive against them. (b) In proceedings under this subchapter, the sureties sha…