Title 16 — Practice, Procedure, And Courts

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

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.

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…

(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…

(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…

(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…

(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…

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

(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…

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

This subchapter does not impair any right of indemnity under existing law.

(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…

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…

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.

This subchapter may be cited as the “Uniform Contribution Among Tortfeasors Act.”

All acts or parts of acts which are inconsistent with the provisions of this subchapter are hereby repealed.

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 …

(a) (1) For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the …

(a) (1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not …

No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office o…

(a) An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reason…

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order m…

When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her represent…

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an…

When, by the provisions of § 16-62-110, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.

(a) Actions taken at the conference, amendments allowed to the pleadings, rulings of the court, stipulations to be considered in evidence, and agreements made by the parties on any of the matters considered will be made a part of the record in the case. (b) Objections may be made…

(a) (1) Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or del…

A.C.A. § 16-63-203Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) A setoff may be pleaded in any action for the recovery of money and may be a cause of action arising either upon contract or tort. (b) In suits by executors or administrators, debts existing against their testators or intestates and owing to the defendant at the time of the d…

A.C.A. § 16-63-207Current 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.C.A. § 16-63-208Current 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.C.A. § 16-63-211Current 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.C.A. § 16-63-215Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

No original pleading, motion, or deposition shall be permitted to be taken from the office of the clerk of the court unless by the order of the court or judge in each specific instance, but all original papers shall remain in the office subject to the inspection of all interested…

A party in a civil action who seeks discovery of medical records from a physician or a hospital may be required by the court to pay the person from whom discovery is sought a reasonable fee for processing the records. The fee for processing the records shall not be limited to the…

(a) (1) (A) Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under…

(a) A plaintiff who files a complaint in a circuit or district court praying for an award of damages may, but is not required to, state an amount in controversy for the purposes of establishing subject-matter jurisdiction and determining if the amount sought is within the jurisdi…

A.C.A. § 16-63-301Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

When any plaintiff brings in the same court several suits against the same defendant or defendants for causes of action that may be joined, the plaintiff shall recover only the costs of one (1) action. The costs of the other actions shall be adjudged against him or her unless suf…

A.C.A. § 16-63-401Current 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) A motion to postpone a trial on account of the absence of evidence shall, if required by the opposite party, be made only upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to obtain it. If the motion is for an …

No order of continuance takes effect until the plaintiff or, if the continuance has been granted upon the motion of the defendant, the defendant has made or secured the payment of all costs of the action, due for the term in which the continuance is granted.

The plaintiff or his or her attorney may dismiss any suit, except actions of replevin, pending in any of the courts of this state, in vacation, in the office of the clerk on the payment of all costs that may have accrued therein.

A.C.A. § 16-63-405Current 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) (1) Any and all proceedings in suits pending in any of the courts of this state in which any attorney for either party to any suit is the Lieutenant Governor or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either…

A.C.A. § 16-63-407Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

This subchapter shall be known as and may be cited as the “Citizen Participation in Government Act”.

(1) The General Assembly finds and declares that:(1) It is in the public interest to encourage participation by the citizens of the State of Arkansas in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petiti…

(1) As used in this subchapter:(1) “An act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern” inclu…

Any person making a privileged communication or performing an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public int…