Title 16 — Practice, Procedure, And Courts
99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-40-101 Burden of proof
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(a) The party holding the affirmative of an issue must produce the evidence to prove it. (b) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.
Ark. Code Ann. § 16-40-102 Order of proof
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The order of proof shall be regulated by the court so as to expedite the trial and enable the tribunal to obtain a clear view of the whole evidence. However, the party who begins the case must ordinarily exhaust his evidence before the other begins.
Ark. Code Ann. § 16-40-103 Modes of taking testimony of witnesses
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(a) The testimony of witnesses is taken in three (3) modes:(1) By affidavit;(2) By deposition;(3) By oral examination. (1) By affidavit; (2) By deposition; (3) By oral examination. (b) An affidavit is a written declaration under oath, made without notice to the adverse party. (c)…
Ark. Code Ann. § 16-40-104 Judicial knowledge of laws of other states
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The courts of this state shall take judicial knowledge of the laws of other states.
Ark. Code Ann. § 16-40-105 Death presumed after five years' absence
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Any person absenting himself beyond the limits of this state for five (5) years successively shall be presumed to be dead in any case in which his death may come into question, unless proof is made that he was alive within that time.
Ark. Code Ann. § 16-40-106 Privileged communications made to a certified peer support member by an emergency responder — Definitions
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(a) As used in this section:(1) “Approved training” means training including, at a minimum, the following subjects:(A) The core elements of critical incident stress management, including how to help a person understand the need for further assistance;(B) Psychological crisis and …
Ark. Code Ann. § 16-40-107 Evidence of sermons by a religious leader — Definitions
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(a) As used in this section:(1) “Religious leader or member of the clergy” includes without limitation a:(A) Minister;(B) Pastor;(C) Preacher;(D) Priest;(E) Nun;(F) Rabbi;(G) Imam; or(H) Layperson who is engaged in the ministering in, instruction of, or teaching of a religion; an…