Title 16 — Practice, Procedure, And Courts
99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-46-101 Recordation of certain certified copies — Photographic copies of business and public records
5.5K chars
(a) (1) The clerk of any court of record may record any certified copy of any instrument by attaching the certified copy to his or her record book so as to make the copy be and become a part of the record to the extent that the copy cannot be detached, and the copy shall be legal…
Ark. Code Ann. § 16-46-102 Writing filed with pleading read as genuine unless denied
0.2K chars
Where a writing purporting to have been executed by one (1) of the parties is referred to in and filed with a pleading, it may be read as genuine against that party unless he denies its genuineness by affidavit before the trial is begun.
Ark. Code Ann. § 16-46-103 Surveys
0.3K chars
No survey made by any person except the county surveyor or his deputy shall be considered as legal evidence in any court of law or equity within this state unless the surveys are made under authority of the United States or by the mutual consent of the parties.
Ark. Code Ann. § 16-46-104 Investigations of attendance at places of public amusement
1.1K chars
(a) No person employed as a private or confidential investigator shall undertake to determine the attendance or number of paid admissions at a public place of amusement and entertainment without first displaying to the owner or manager of such place his license or credentials as …
Ark. Code Ann. § 16-46-105 Records of and testimony before committees reviewing and evaluating quality of medical or hospital care
7.0K chars
(a) (1) (A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professiona…
Ark. Code Ann. § 16-46-106 Access to medical records for legal proceedings, adjustment of insurance claim, or processing and underwriting of life insurance policy application — Definitions
14.7K chars
(a) In contemplation of, preparation for, or use in any legal proceeding, adjustment of an insurance claim, or the processing and underwriting of a life insurance application a person who is or has been a patient of a medical provider is entitled to obtain access, personally or t…
Ark. Code Ann. § 16-46-107 Identification of medical bills at trial
0.9K chars
(a) Upon the trial of any civil case involving injury, disease, or disability, the patient, a member of his family, or any other person responsible for the care of the patient shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bil…
Ark. Code Ann. § 16-46-108 Photographically reproduced records admissible in court
3.5K chars
(a) (1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would ot…
Ark. Code Ann. § 16-46-109 Proceedings, minutes, records, or reports confidential
5.5K chars
(a) (1) The proceedings, minutes, records, or reports of the quality assurance committee having the responsibility for reviewing and evaluating the quality of medical, nursing, or other care delivered in a long-term care facility, or of professional consultants engaged by long-te…
Ark. Code Ann. § 16-46-204 [Repealed.]
0.2K chars
A.C.A. § 16-46-204Current 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. § 16-46-211 Notary's protest
0.3K chars
(a) The protest made by a notary public under his hand and seal of office shall be evidence of the facts contained in the protest. (b) The certificate of a notary public, under his hand and seal of office, that he forwarded notice of protest shall be prima facie evidence of the f…
Ark. Code Ann. § 16-46-212 [Repealed.]
0.2K chars
A.C.A. § 16-46-212Current 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. § 16-46-213 Records of United States Surface Transportation Board and Arkansas Department of Transportation
0.9K chars
Printed copies of schedules, classifications, and tariffs of rates, fares, and charges, and supplements to the printed copies, of all common carriers and contract carriers by railroad, motor vehicle, or otherwise, on file with the United States Surface Transportation Board or the…
Ark. Code Ann. § 16-46-301 Definitions
2.4K chars
(1) As used in this subchapter, unless the context otherwise requires:(1) “Custodian” means the medical records librarian and the administrator or other chief officer of a duly licensed hospital, physician's office, or comprehensive community mental health center in this state an…
Ark. Code Ann. § 16-46-302 Furnishing copies of records in compliance with subpoenas
1.1K chars
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the pla…
Ark. Code Ann. § 16-46-303 Sealing, identification, and direction of copies
1.1K chars
(1) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, the name of the custodian, and the date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an ou…
Ark. Code Ann. § 16-46-304 Opening of sealed envelopes
1.2K chars
(a) Unless the sealed envelope or wrapper is returned to the custodian who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or t…
Ark. Code Ann. § 16-46-305 Affidavit of custodian as to copies — Charges
1.7K chars
(a) The records shall be accompanied by an affidavit of a custodian stating in substance:(1) That the affiant is the duly authorized custodian of the records and has authority to certify the records;(2) That the copy is a true copy of all the records described in the subpoena; an…
Ark. Code Ann. § 16-46-306 Admissibility of copies and affidavits
0.2K chars
The copy of the record shall be admissible in evidence to the same extent as though the original record was offered and the custodian had been present and testified to the matters stated in the affidavit.
Ark. Code Ann. § 16-46-307 Personal attendance of custodian — Production of original record
0.7K chars
(a) Where the personal attendance of the custodian is desired, the subpoena duces tecum shall contain a clause which reads: “The personal attendance of the custodian of records is necessary.” (b) Where both the personal attendance of the custodian and the production of the origin…
Ark. Code Ann. § 16-46-308 Substitution of copies for original records
0.7K chars
In view of the property right of the hospital or physician's office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing. The cust…
Ark. Code Ann. § 16-46-401 Title
0.1K chars
This subchapter shall be known and may be cited as the “Patient Medical Records Privacy Act”.
Ark. Code Ann. § 16-46-402 Definitions
2.5K chars
(1) As used in this subchapter:(1) (A) “Medical records” means hospital or clinic records, physicians' records, or other healthcare records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery…
Ark. Code Ann. § 16-46-403 Notice required
1.2K chars
(a) Any party in litigation that receives or obtains a copy of a patient's medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to …
Ark. Code Ann. § 16-46-404 Use of medical records at trial
0.3K chars
If notice is not given as required by § 16-46-403, a party in litigation shall be prohibited from introducing the patient's medical records into evidence or referring to the patient's medical records in any manner in a legal proceeding relating to the patient.
Ark. Code Ann. § 16-46-405 Scope of subchapter
0.6K chars
(a) This subchapter shall apply to private litigants in civil actions only and shall not alter the rights, duties, or responsibilities of any person or entity in any other type of legal proceeding, including, but not limited to, actions under the Workers' Compensation Law, § 11-9…