Title 16 — Practice, Procedure, And Courts

A.C.A. § 16-64-105Current 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) Where an order for a provisional remedy has been made by a judge or justice in an action within the jurisdiction of his or her respective court and the order has been served or levied, the trial of the action or disposition of the order may take place at any time after five (…

(1) When the jury has been sworn, the trial shall proceed in the following order unless the court, for special reasons, otherwise directs:(1) The plaintiff must briefly state his or her claim and the evidence by which he or she expects to sustain it;(2) The defendant must then br…

Whenever, in the opinion of the court, it is proper for the jury to have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, whi…

In the trial of all cases in courts of record wherein juries are employed, it shall be the duty of the presiding trial judge to deliver to the jury immediately prior to its retirement for deliberation a typewritten copy of the instructions which has been given to the jury orally,…

After the jury has retired for deliberation, if there is a disagreement between them as to any part of the testimony or if they desire to be informed as to any point of law arising in the case, they may request the officer to conduct them into court, where the information require…

(a) When the case is finally submitted to the jury, they may decide in court or retire for deliberation. (b) (1) If the jury retires, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the cour…

If the jury is permitted to separate, either during the trial or after the case is submitted to them, they may be admonished by the court that it is their duty not to converse with or allow themselves to be addressed by any other person on any subject of the trial and, during the…

(a) The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their a…

(a) When the jury has agreed upon its verdict, they must be conducted into court, their names called by the clerk, and the verdict rendered by their foreman. (b) When the verdict is announced either party may require the jury to be polled, which is done by the clerk or court aski…

(a) Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he or she may be entitled for the cause of action established. (b) Recovery of damages under subsection (a) of this section for past necessary medical care, past necessary medic…

When, by the verdict, either party is entitled to recover money of the adverse party, the jury in their verdict must assess the amount of recovery.

(a) Except as otherwise provided under § 16-118-109, in all actions for damages for personal injuries or wrongful death or injury to property in which recovery is predicated upon fault, liability shall be determined by comparing the fault chargeable to a claiming party with the f…

The verdict of any jury rendered in any action for the recovery of damages where the measure thereof is indeterminate or uncertain shall not be held to be excessive or be set aside as excessive, except for some erroneous instruction or, upon evidence, aside from the amount of the…

The circuit judge presiding at the trial, if he or she deems the verdict excessive, may, on motion for a new trial filed by the losing party, indicate the amount of the excess. Thereupon, if the losing party offers to file and enter of record a release of all errors that may have…

The service of the copy of the judgment, if in this state, shall be made and proved in the same manner as the service of a summons and, if out of this state, in the manner prescribed in § 16-58-119 [superseded], as to the service of a copy of the complaint and summons and proof t…

The title of purchasers in good faith to any property sold under an attachment or judgment shall not be affected by the new trial permitted by ARCP, Rule 59, except the title of property obtained by the plaintiff and not bought of him in good faith by others.

(a) For the purposes of this section, the term “financial institutions” means banks, savings and loan associations, and credit unions located within the State of Arkansas and which are insured by an agency of the federal government. (b) This section shall be applicable in civil a…

(a) In a case involving a recognized tort or breach of contract, there is no absolute denial of damages for lost profits to a newly established business. (b) A newly established business is subject to the same standard of proof for lost profits as any other business regardless of…