Title 16, Practice, Procedure, And Courts

In case it shall be necessary in the prosecution or defense of any action brought by or against a married woman to enter into any bond or undertaking, the bond or undertaking may be executed by the married woman with the same effect in all respects as if she were sole. If the bon…

(a) The surety in every bond provided for by this code must be a resident of this state and worth double the sum to be secured beyond the amount of his or her debts and have property in this state liable to execution equal to the sum to be secured. Where there are two (2) or more…

The bond of no executor or executrix, administrator or administratrix or guardian, nor any prosecution, appeal, nonresident, or attachment bond, nor any other statutory bonds of any party, plaintiff, or defendant in any court of justice in this state, nor any recognizance in any …

When any bond provided for by this code is adjudged to be defective, a new and sufficient one may be executed in such reasonable time as the court may fix, with the same effect as if originally executed.

(a) Before commencing an action, a plaintiff who is a nonresident of this state or a corporation other than a bank created by the laws of this state shall file in the clerk's office a bond, with sufficient surety and to be approved by the clerk, for the payment of all costs which…

If the plaintiff in an action, after its institution, becomes a nonresident of this state, he or she shall give security for costs, in the manner and under the restrictions provided for in § 16-68-301.

A guardian or next friend suing for an infant or person of unsound mind, and every plaintiff suing as an assignee, except an endorsee of a bill of exchange or a promissory note placed on the footing of a bill of exchange, when insolvent, may be required to give security for costs…

The state shall not be required or ruled to give security for costs in any case whatever, in any court.

In an action in which a bond for costs has been given, the defendant, at any time before judgment and after reasonable notice to the plaintiff, may move the court for additional security on the part of the plaintiff. If, on the motion, the court is satisfied that the surety in th…

When process is issued in an action by the direction of an attorney for a plaintiff who is required by § 16-68-301 to give security for costs, but who has failed to do so, the attorney shall be liable as surety for the costs of the action until a bond is given. The attorney's lia…

In all actions of trespass, if any damages are found for the plaintiff upon the trial of the issue or inquiry of damages, he or she shall recover his or her costs.

In all actions other than trespass which may be prosecuted in any court, the subject matter of which shall be cognizable before the court, but the damages recovered shall be below the jurisdiction of the court, the plaintiff shall recover his costs.

In all actions where tender is made and full payment offered, by discount or otherwise, in such specie as the party by contract or agreement ought to take, and the party to whom the tender is made refuses it and afterwards sues for the debt or goods so tendered, the plaintiff sha…

When several persons are made defendants to any action of trespass, assault and battery, false imprisonment, detinue, replevin, trover, or ejectment, and one (1) or more of them is acquitted, every person so acquitted shall recover his or her costs in the same manner as if the ve…

When a suit is commenced in the name of one person to the use of another, the person for whose use the action is brought shall be liable for the payment of all costs which the plaintiff may be adjudged to pay, and execution may be issued therefor.

In an action brought or defended by any married woman, in her name, neither her husband nor his property shall be liable for the costs thereof, or the recovery therein. In an action brought by her for an injury to her person, character, or property, if judgment passes against her…

In all cases where there is security for costs or where the attorney is liable for costs or where the action is brought to the use of another, in which the plaintiff is adjudged to pay the costs, judgment may be rendered against the security, attorney, or person for whose use the…

(a) (1) The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he or she is clerk, corresponding to the fees which shall, for the time being, be allowed by law.(2) The clerk shall in no case allow any …

(a) In all cases where costs are given by this act, the party to whom the costs are adjudged may have execution therefor. (b) In all cases where either party is adjudged to pay costs before final judgment, the party in whose favor the costs are adjudged may have execution therefo…

If any party to a suit pays any fees allowed by this act before final judgment and the judgment is thereafter rendered in his or her favor and costs adjudged to him or her, the amount so paid shall be taxed and endorsed on the execution and levied and collected by virtue thereof …

(a) The clerks of the several courts shall endorse on every execution which they shall issue the fees due to each officer and any other person. (b) The clerks, at the time of issuing an execution or fee bill or of recovering any fees due to them by any party or other person, shal…

(a) All officers and witnesses entitled to fees by the law for services rendered in any suit, matter, or controversy pending in any court of record may make out fee bills for the services at the end of each term of the court wherein the suit, matter, or controversy is pending, ch…

When any fee bill shall come to the hands of any sheriff or other officer to be collected, and the person against whom the fee bill is issued refuses or fails to pay the amount of the fee bill within twenty (20) days after the fee bill shall be presented, the sheriff or other off…

If any sheriff neglects or refuses to levy and collect the fees and pay over the money, when collected, to the person entitled thereto, the court shall upon motion enter up judgment for the amount of the fee bill against him or her and cause execution to issue thereon.

In case the clerk, or, if the costs in any action are collected on execution by the sheriff, then the sheriff, is unable to collect the entire amount of costs due, the clerk or sheriff shall not first retain from the amount the fees due himself or herself, but shall account for a…

Whenever any civil suit is or has been prosecuted by the state and for the state's own benefit, the clerks, sheriffs, and other officers shall be entitled to the same fees as in other civil cases between private persons. Whenever the state becomes liable to pay any such costs, it…

(a) The defendant in any civil action brought in any court of this state by any state agency, board, or commission shall be entitled to recover from the state entity the court costs, witness fees, and reasonable attorneys' fees if the court determines that the action was brought …

(a) If an incarcerated person, defined for purposes of this subchapter as a person who has been convicted of a crime and is imprisoned for that crime or is being held in custody for trial or sentencing, files a civil action, the court shall order the incarcerated person to pay, a…

Nothing in this subchapter shall be construed to prevent an incarcerated person from authorizing payment beyond that required by this subchapter.

Nothing in this subchapter should be construed to prohibit an incarcerated person from filing his or her civil action or proceeding if the incarcerated person is found to be indigent pursuant to the Arkansas indigency statutes.

(a) Any court of the State of Arkansas may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, without payment of fees and costs, by an incarcerated person who makes an affidavit that he or she is unable to pay such costs or give security there…

(1) A court in which an affidavit of inability to pay has been filed may dismiss the action in whole or in part on a finding that:(1) The allegation of poverty is false; or(2) The action or a portion of the action lacks a justiciable issue as defined by § 16-22-309. (1) The alleg…

(a) If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such person is able to pay part of the fees, costs, or security otherwise required, then the court…

(a) (1) As used in this section, “civil action or proceeding” includes without limitation a legal action filed in federal or state court.(2) “Civil action or proceeding” does not include:(A) A petition for writ of habeas corpus;(B) A petition for writ of error coram nobis; or(C) …

Notwithstanding any rule of court to the contrary and in furtherance of the purposes of the Arkansas Rules of Criminal Procedure, Rule 27.1, all courts of this state having jurisdiction of criminal offenses, except for extraordinary circumstances, shall give precedence to the tri…

(a) All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her right to the property. (b) Any person losing property or any valuable thing by the…

(a) If a comprehensive mental health evaluation is not performed at the request of the minor convicted of capital murder, § 5-10-101, capital rape, § 5-14-114, or murder in the first degree, § 5-10-102, before his or her trial or before he or she is sentenced, the circuit court s…

(a) (1) The members of the Senate and House of Representatives and the clerks, sergeants-at-arms, and doorkeepers of each branch of the General Assembly shall be privileged from arrest during the session of the General Assembly and for fifteen (15) days before the commencement an…

When a judge or magistrate is satisfied that a felony has been committed, he or she shall have power to summon before him or her any persons he or she may think proper and examine them on oath concerning it to enable him or her to ascertain the offender and to issue a warrant for…

(a) (1) (A) A warrant of arrest may be issued by any circuit court judge, district court judge, or magistrate.(B) A warrant of arrest may be executed by any law enforcement officer.(2) It is the duty of a circuit court judge, district court judge, or magistrate to issue a warrant…

Any law enforcement officer to whom any criminal summons or warrant of arrest is directed may serve or execute it in any county in the state.

(a) An arrest may be made by a certified law enforcement officer or by a private person. (b) A certified law enforcement officer may make an arrest:(1) In obedience to a warrant of arrest delivered to him or her; and(2) (A) Without a warrant, where a public offense is committed i…

(a) An arrest is made by placing the person of the defendant in restraint or by his or her submitting to the custody of the person making the arrest. (b) No unnecessary force or violence shall be used in making the arrest. (c) To make an arrest, a law enforcement officer may brea…

State and local police are authorized to enter upon the parking areas of private business establishments and to discover, investigate, and effect the arrest of persons thereon violating any state or local law to the same extent as if the person or persons were upon the public str…

(a) (1) When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest.(2) If the offense charged is a misdemeanor, the person arrested may immediately give b…

(a) (1) The sheriff or officer who has executed a warrant of arrest shall make a written return on the warrant of the time and manner of executing it and deliver the warrant to the judge or magistrate before whom the defendant is brought.(2) If bail is given as provided in § 16-8…