Title 16 — Practice, Procedure, And Courts

(1) For any claim asserted against a person or entity arising from possible privileged communication or an act by that person or entity that could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of gri…

(a) If a claim governed by § 16-63-505 is not verified as required by § 16-63-505, the claim shall be stricken unless it is verified within ten (10) days after the omission is called to the attention of the party asserting the claim or his or her attorney of record. (b) (1) If a …

(a) (1) All discovery and any pending hearings or motions in an action for a claim governed by § 16-63-505 shall be stayed upon the filing of a motion to dismiss or a motion to strike under § 16-63-506.(2) A hearing on a motion filed under § 16-63-506 shall be conducted not more …

Nothing in this subchapter shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, or rule.

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…

In all judgments or decrees rendered by any court of justice for any debt, damages, or costs, and on all executions issued thereon, the amount shall be computed, as near as may be, in dollars and cents, rejecting smaller fractions. No judgment or other proceeding shall be conside…

(a) Where special damages are given by statute and it appears, by the verdict of the jury, or other decision of the action, that the special damages are due and recoverable by one of the parties against the other, the court shall render judgment for that party. (b) If, in ascerta…

(a) If a setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess. (b) If it appears that the defendant is entitled to any other affirmative relief, judgment shall be given therefor.

It shall not be necessary to reserve, in a judgment or order, the right of an infant to show cause against the judgment or order after his or her attaining full age. However, in any case in which, but for this section, such a reservation would have been proper, the infant, within…

In all cases where it appears from a recital in the records of any court that actual or constructive notice was given, it shall be evidence of that fact.

All judgments, orders, sentences, and decrees made, rendered, or pronounced by any of the courts of the state against anyone without notice, actual or constructive, and all proceedings had under judgments, orders, sentences, or decrees shall be absolutely null and void.

(a) When a trial by a jury has been had, judgment must be entered by the clerk in conformity with the verdict, unless it is special or the court orders the case to be reserved for future argument or consideration. (b) When the verdict is special, where there has been a special fi…

(a) Judgments by default rendered by the circuit courts may be recorded in a separate book for that purpose. (b) The orders showing the rendition of these judgments by default shall be signed by the circuit judge.

(a) If, after a verdict is rendered in any action, either party dies before judgment is actually entered thereon, the court may at any time during the term at which the verdict was rendered enter final judgment in the names of the original parties. (b) Nothing in subsection (a) o…

The judgment must be entered upon the order book and must specify clearly the relief granted or other determination of the action.

(a) The clerk must keep among the records of the court a book to be called the judgment book. (b) The entry in the judgment book must show the names of the plaintiff and defendant and, if more than one (1), then of the first-named of each in the pleadings with the words “and othe…

(a) (1) Except as provided in subdivision (a)(2) of this section, a judgment entered by a court shall bear post-judgment interest and, if appropriate under the facts of the case, prejudgment interest:(A) In an action on a contract at the rate provided by the contract or at a rate…

(a) In all cases where the court may decree the conveyance of real estate or the delivery of personal property, it may by decree pass the title of the property, without any act to be done on the part of the defendant, when it shall be proper, and may issue a writ of possession, i…

(a) In all cases where a circuit court shall decree a conveyance of real estate or that real estate pass, the party in whose favor the decree is made shall cause a copy thereof to be recorded in the recorder's office of the county in which the lands to be conveyed lie, within one…

(a) (1) (A) A judgment in the Supreme Court or circuit courts of this state, and in the United States district courts or United States bankruptcy courts within this state, shall be a lien on the real estate owned by the defendant in the county in which the judgment was rendered f…

(a) When any judgment is recovered in a court of record by or in favor of any party, all officers who in pursuance of law and attorneys who upon contract expressed or implied have rendered service for or in behalf of the party in the action or proceedings in or upon which the jud…

A.C.A. § 16-65-119Current 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) The sale of a judgment or any part thereof of any court of record within this state or the sale of any cause of action or interest therein after suit has been filed thereon, shall be evidenced by a written transfer which, when acknowledged in the manner and form required by l…

All judgments, orders, and decrees rendered in open court by any court of record in the State of Arkansas are effective as to all parties of record from the date rendered and not from the date of entry of record.

The records of all personal judgments rendered in circuit court shall contain the social security number of the judgment debtor unless otherwise prohibited under federal law or the social security number is unavailable.

A.C.A. § 16-65-201Current 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) Judgment shall be rendered summarily against the persons and their securities and for the defaults stated in subsections (b)-(d) of this section.(2) The motion may be made by the party aggrieved or his or her legal representatives against the person in default and his or …

Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and with assent of the creditor or person having the cause of action, confess judgment therefor; whereupon, judgment shall be entered accordingly.

The debt or cause of action shall be briefly stated in the judgment by confession or in a writing to be filed as pleadings in other actions.

A judgment by confession shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted.

The confession shall operate as a release of errors.

A.C.A. § 16-65-401Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved