Title 16 — Practice, Procedure, And Courts
99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-115-101 Definitions
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(1) As used in this chapter, unless the context otherwise requires:(1) “Writ of mandamus” means an order of the circuit court granted upon the petition of an aggrieved party or the state when the public interest is affected, commanding an executive, judicial, or ministerial offic…
Ark. Code Ann. § 16-115-102 Jurisdiction
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The circuit court shall have power to hear and determine petitions for the writ of mandamus and writ of prohibition and to issue such writ of mandamus and writ of prohibition to all inferior courts, tribunals, and officers in its respective jurisdiction.
Ark. Code Ann. § 16-115-103 Precedence of petitions over other actions
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Petitions for a writ of mandamus or writ of prohibition shall have precedence over all other actions and proceedings and shall be heard and determined summarily.
Ark. Code Ann. § 16-115-104 Hearings — Necessity — Time
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(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted. (b) In the event a hearing is deem…
Ark. Code Ann. § 16-115-105 Notice of hearing
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(a) Notice of hearing upon any petition for a writ of mandamus or writ of prohibition shall be served in writing upon the officer or persons against whom the relief is sought, for such time and in such manner as may be prescribed by the court having jurisdiction. (b) The notice s…
Ark. Code Ann. § 16-115-106 Answer
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The party against whom the writ of mandamus or writ of prohibition is sought, when properly served with notice, shall file an answer before the hearing and show cause why the writ of mandamus or writ of prohibition should not be granted; otherwise, upon a proper showing, suitable…
Ark. Code Ann. § 16-115-107 Determination of petition
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The court shall hear and determine all questions of law and fact arising on the petition for a writ of mandamus or writ of prohibition. The granting or denying of the writ of mandamus or writ of prohibition shall be deemed a final order from which an appeal may be taken.
Ark. Code Ann. § 16-115-108 Interlocutory orders
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During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind.
Ark. Code Ann. § 16-115-109 Appeals by state
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Where the interest or rights of the state or the public is affected by a writ of mandamus or writ of prohibition, the prosecuting attorney or Attorney General may appeal without giving security for costs.