Title 16 — Practice, Procedure, And Courts
99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-61-101 [Repealed.]
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A.C.A. § 16-61-101Current 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. § 16-61-102 Married persons
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(a) If a husband and wife are sued together, the wife may defend:(1) For her own right; and(2) If the husband neglects to defend, for his right also. (1) For her own right; and (2) If the husband neglects to defend, for his right also. (b) Where a husband, being a father, has des…
Ark. Code Ann. § 16-61-107 Insanity during pendency of action — Guardian joined
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(1) Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:(1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;(2) If he or she is the defendant, the plai…
Ark. Code Ann. § 16-61-108 [Repealed.]
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A.C.A. § 16-61-108Current 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. § 16-61-109 Fees of guardian or attorney appointed to defend infant, insane person, or prisoner — Costs
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A guardian or attorney appointed on the application of the plaintiff to defend for an infant, person of unsound mind, or prisoner shall be allowed a reasonable fee for his or her services, to be paid by the plaintiff and taxed in the costs.
Ark. Code Ann. § 16-61-110 Foreign executors, administrators, and guardians
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Administrators, executors, and guardians appointed in any of the states, territories, or districts of the United States, under the laws thereof, may sue in any of the courts of this state, in their representative capacity, to the same and like effect as if the administrators, exe…
Ark. Code Ann. § 16-61-111 Joint and several obligors
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(a) Joint obligations shall be construed to have the same effect as joint and several obligations, and may be sued on, and recoveries had thereon in like manner. (b) Persons severally liable upon the same contract, including parties to bills of exchange, promissory notes placed u…
Ark. Code Ann. § 16-61-112 Assignments
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(a) When the assignment is not authorized by statute, the assignor must be a party as plaintiff or defendant. (b) Where the right of the plaintiff is transferred or assigned during the pendency of the action, it may be continued in his or her name, or the court may allow the pers…
Ark. Code Ann. § 16-61-201 Definitions
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(1) As used in this subchapter:(1) “Joint tortfeasor” means two (2) or more persons or entities who may have joint liability or several liability in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them; and(2) “Sev…
Ark. Code Ann. § 16-61-202 Right of contribution — Accrual — Pro rata share
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(a) The right of contribution exists among joint tortfeasors. (b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share of the common liability. (c) Th…
Ark. Code Ann. § 16-61-203 [Repealed.]
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A.C.A. § 16-61-203Current 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. § 16-61-204 Release — Effect on injured person's claim and on right of contribution
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(a) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides. (b) A release by the injured person of a joint tortfeasor does not relieve the released tortfeasor fro…
Ark. Code Ann. § 16-61-205 [Repealed.]
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A.C.A. § 16-61-205Current 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. § 16-61-206 Indemnity
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This subchapter does not impair any right of indemnity under existing law.
Ark. Code Ann. § 16-61-207 Third party practice — Amended complaints — Counterclaims and cross-complaints — Motion practice
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(1) Before answering, a defendant seeking contribution in a tort action may move ex parte or, after answering, on notice to the plaintiff, for leave as a third party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable as a jo…
Ark. Code Ann. § 16-61-208 Constitutionality
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If any provision of this subchapter, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this…
Ark. Code Ann. § 16-61-209 Uniformity of interpretation
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This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Ark. Code Ann. § 16-61-210 Short title
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This subchapter may be cited as the “Uniform Contribution Among Tortfeasors Act.”
Ark. Code Ann. § 16-61-211 Repeal
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All acts or parts of acts which are inconsistent with the provisions of this subchapter are hereby repealed.
Ark. Code Ann. § 16-61-212 Emergency clause
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Because the passage of this subchapter will invite parties litigant to pursue dilatory tactics in the courts of this state until its effective date in order that they may take advantage of its provisions, contrary to the public health, safety, and welfare, an emergency is hereby …