Title 16 — Practice, Procedure, And Courts

If the existence of the common nuisance is shown in the action to the satisfaction of the court or judge, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the common nuisance. The notice requirements of Rule 65 of…

On granting the temporary writ, the court or judge shall require a bond on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if…

The action shall have precedence over all other actions, except criminal proceedings, election contests, and hearings on injunctions.

If a complaint under this subchapter is filed by a citizen of the state, resident of the county, or established neighborhood or community organization, the complaint shall not be dismissed by the citizen of the state, resident of the county, or established neighborhood community …

If a cause of action under this subchapter is brought by a citizen of the state, resident of the county, or established neighborhood or community organization and the court finds there was no reasonable ground or cause for the cause of action, the costs incurred by the defendant …

If the existence of the common nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution is…

A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one (1) nor more th…

(a) If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, …

While the order of abatement remains in effect, the building or place is in the custody of the court.

For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as would be charged and received for levying upon and selling like property on execution; and for closing the premises and keepin…

(1) The proceeds of the sale of the movable property shall be applied as follows:(1) First, to the fees and costs of the removal and sale;(2) Second, to the allowances and costs of closing and keeping closed the building or place;(3) Third, to the payment of the plaintiff's costs…

(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner w…

(a) Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this subchapter, the fine is a lien upon the bu…

(1) As used in this subchapter:(1) “Local unit of government” means a county, city of the first class, city of the second class, or incorporated town;(2) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity; and(3) “Sport shoo…

(a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the sport shootin…

This subchapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 1, 1997.

(a) All actions in favor of and in which the state is interested shall be brought in the name of the state and shall be prosecuted by the prosecuting attorney. (b) All actions by or against the state shall be prosecuted and defended, proceeded in, and conducted to final judgment …

(a) Any action required by law to be brought in the name of the state against any corporation, or to vacate or repeal any charter, may be brought in any county in the state before any court having jurisdiction of the action. (b) Service of process in any such action may be made i…

Where officers, corporations, or officers of corporations are required to report to the Auditor of State the moneys in their hands belonging to the state or due by them or by a corporation to the state, at a certain period or periods fixed by law, and a fine or penalty is imposed…

When the debt is due by a county sheriff, clerk, or the Director of the Revenue Division of the Department of Finance and Administration, or any other receiver of public moneys, for money collected or received, and the officer, collector, or receiver has failed to pay the money i…

(a) All actions and suits for the recovery of the purchase money of lands which were granted to this state by the United States by Acts of Congress, March 2, 1827, June 23, 1836, and September 4, 1841, and any and all lands which have at any time, and from time to time, been gran…

In suits brought in behalf of the state, no debt or claim shall be allowed as a setoff other than those which have been exhibited to the Auditor of State and by him or her allowed, except only in cases when it shall be proven to the satisfaction of the court that the defendant at…

(a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any ot…

(a) The county sheriff or other officer collecting any money due to the state shall pay the money into the State Treasury and obtain a final discharge therefor. No money due the state shall be paid to the Attorney General or any other attorney or agent employed in the collection …

(a) Appeals and writs of error may be brought by any of the prosecuting attorneys, in the name and on behalf of the state, in like manner as by individuals, except when it may be otherwise provided by law. (b) All appeals or writs of error taken or prosecuted by the state shall, …

The Attorney General or prosecuting attorney may make out and certify to the Auditor of State an account of the postage he or she may have paid in sending out notices and process, and upon letters sent or received by him or her, relating to actions or proceedings in which the sta…

(a) The General Assembly finds that:(1) The common law doctrine of judicial immunity from civil suit has been accepted by the courts under Peterson v. Judges of Jefferson County Circuit Court, 2014 Ark. 228 (per curiam) and Pierson v. Ray, 386 U.S. 547 (1967), and is state law; a…

(1) As used in this subchapter:(1) “Frivolous” means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law;(2) “Inmate” or “inmate in a penal institution” includes, but is not limited to, a…

(a) A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether o…

(1) If the court determines before or at trial that one (1) or more of the causes of action are frivolous or malicious, any one (1) or more of the following sanctions may be imposed:(1) Award attorney's fees and actual costs incurred by the state, the Division of Correction, or t…

(a) Any award of attorney's fees or costs, or the imposition of a sanction shall serve as a judgment against the inmate, and the Division of Correction is authorized to take up to fifty percent (50%) of the inmate's account per month until paid. (b) The judgment shall be subject …

(a) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983, or any other federal law until the incarcerated person has exhausted all available admini…

(a) The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under 42 U.S.C. § 1983 or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to…

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it enters into negotiations concerning the possible settlement of pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by…

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it communicates to a court, counsel, or citizens, or otherwise, with respect to the possibility of settling, on any terms or conditions, any pending or threatened claims or litigat…

If it appears that the name of any person has been signed to any bond or other obligation as surety thereon without his or her consent, or that the name of any person which has been at any time properly signed as surety to any bond or obligation has been erased or withdrawn there…

(a) It shall not be a defense in favor of any surety on any bond or obligation that he or she became surety thereon on the condition that the principal obligor should procure the cosuretyship of other persons before the instrument should be delivered. This shall be the case wheth…

(a) The provisions of this subchapter in relation to suits on official bonds shall apply as well to suits on bonds of administrators, executors, guardians, and others required by law to give bond, with condition for the performance of any duty or trust, as to suits on bonds of of…

(a) In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think pro…

(a) When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint s…

(a) Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execut…

(a) In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he or she shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record i…

(a) Any person who may have recovered any judgment upon an official bond may, in like manner, again prosecute an action on the bond whenever he or she may be aggrieved by any default or delinquency, other than such as shall have been the subject of a former suit, and shall procee…

(a) No suit shall be barred nor shall the amount which the plaintiff shall be entitled to recover be affected by any plea made by any surety in the bond of a former judgment recovered thereon unless it is accompanied by an allegation that the sureties, or some of them, have been …

(a) Whenever a judgment shall be obtained on any official bond, against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his or her attorney, to levy the amount, in the first place, on the property of the principal and, if sufficient pro…

A surety may maintain an action against his or her principal to compel the principal to discharge the debt or liability for which the surety is bound after the debt or liability has become due.

(a) A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§ 16-109-102 [repealed], 16-110-101, 16-110-104,…

(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the se…

(a) When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a…

(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be en…