Title 16, Practice, Procedure, And Courts

(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted. (b) In the event a hearing is deem…

(a) Notice of hearing upon any petition for a writ of mandamus or writ of prohibition shall be served in writing upon the officer or persons against whom the relief is sought, for such time and in such manner as may be prescribed by the court having jurisdiction. (b) The notice s…

The party against whom the writ of mandamus or writ of prohibition is sought, when properly served with notice, shall file an answer before the hearing and show cause why the writ of mandamus or writ of prohibition should not be granted; otherwise, upon a proper showing, suitable…

The court shall hear and determine all questions of law and fact arising on the petition for a writ of mandamus or writ of prohibition. The granting or denying of the writ of mandamus or writ of prohibition shall be deemed a final order from which an appeal may be taken.

During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind.

Where the interest or rights of the state or the public is affected by a writ of mandamus or writ of prohibition, the prosecuting attorney or Attorney General may appeal without giving security for costs.

(a) A supplier of a product is subject to liability in damages for harm to a person or to property if:(1) The supplier is engaged in the business of manufacturing, assembling, selling, leasing, or otherwise distributing the product;(2) The product was supplied by him or her in a …

This subchapter may be cited as the “Arkansas Product Liability Act of 1979”.

(1) As used in this subchapter:(1) “Anticipated life” means the period over which the product may reasonably be expected to be useful to the user as determined by the trier of facts;(2) “Defective condition” means a condition of a product that renders it unsafe for reasonably for…

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs.

(a) (1) In determining the liability of the manufacturer, the state of scientific and technological knowledge available to the manufacturer or supplier at the time the product was placed on the market, rather than at the time of the injury, may be considered as evidence.(2) Consi…

(a) Compliance by a manufacturer or supplier with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards of design, inspection, testing, manufacture, labeling, warning, or instructions for use of a produ…

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or supplier but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance, or abnormal use, such conduct may be considered as evidence of fa…

A supplier of a defective product who was not the manufacturer shall have a cause of action for indemnity from the manufacturer of a defective product arising from the supplying of the defective product.

(a) In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of th…

(a) A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or …

(1) Nothing contained in this subchapter shall bar recovery by a plaintiff in a cause of action in which the plaintiff proves that the proximate cause of the injury, damage, or death was:(1) A defective firearm, a defective nonpowder gun, or defective ammunition that caused the f…

In all cases where it is necessary or proper for a receiver to collect debts by suit, he or she may sue in his or her own name, but all moneys collected by the receiver shall be accounted for and paid into court or be subject to the order of the court. The receiver shall have pow…

(a) Whenever, in any case, a receiver is appointed for a corporation or its trustees, any copartnership, or joint-stock company, and the order or decree of the court is that the lands, tenements, goods, chattels, funds, assets, moneys, credits, choses in action, rights and intere…

The provisions of §§ 16-117-204 and 16-117-205 shall apply to cases between individuals, with like effect, as declared in §§ 16-117-204 and 16-117-205.

(a) In an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners or others jointly owning or interested in any property or fund, on the application of plaintiff or of any party whose r…

In an action by a mortgagee for the foreclosure of his or her mortgage, and the sale of the mortgaged property, a receiver may be appointed where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortg…

(a) (1) Receivers shall make report of their proceedings every six (6) months, or more often if required by the court.(2) The performance of this duty may be enforced by attachment, sequestration, or other proper and effectual means. (1) Receivers shall make report of their proce…

Receivers and others appointed who are subject to the provisions of §§ 16-117-203, 16-117-205, 16-117-206, and 16-117-209, and this section, may be removed at any time by the court when it satisfactorily appears that they have failed to discharge any duty incumbent on them or for…

Any insolvent debtor may file in the circuit court of the county in which he or she resides a complaint in which one (1) or more of his or her creditors shall be made defendants, asking to be declared an insolvent, and asking for the appointment of a receiver to take charge of hi…

(a) When the receiver has been qualified, the debtor shall turn over to the receiver all of his or her property. For the real estate he or she shall execute, acknowledge, and deliver to the receiver a proper deed of conveyance. (b) The debtor shall be allowed by the court to sele…

The debtor shall furnish the names and addresses of his or her creditors, who shall be notified by mail and also by order of publication of the filing of the complaint.

The receiver shall intervene in every case in which the property of the insolvent debtor has, within ten (10) days before the filing of the petition, been attached. Upon the receiver's motion, every such attachment shall be dissolved and the attached property shall be turned over…

As soon as the receiver shall have taken the property into his or her custody, he or she shall proceed under the direction of the court, or of the judge, in vacation, to convert the property into money.

(a) Upon the final hearing, the court, after deducting the cost and paying all public taxes, shall order the proceeds to be distributed among the creditors in the order and with the following preferences:(1) The salaries of employees earned within three (3) months and all laborer…

In the case of an insolvent partnership, all or any of the partners may unite in one (1) complaint filed in the county where either one resides; but in such cases, all individual as well as firm property must be turned over to the receiver, and the firm property and the individua…

(a) In all cases in which any person makes an assignment of his or her property for the benefit of his or her creditors, it shall be the duty of the assignee named in the deed of assignment to take immediate possession of the property for the purpose of making an inventory and de…

(a) All proceedings for the purpose of contesting the validity of the assignment shall be instituted within six (6) months from the date of the assignment, by filing complaint in the circuit court of the proper county, setting forth the grounds upon which the assignment is contes…

Any assignment for the benefit of creditors may be contested or attacked for fraud by any creditors. Proof of fraud on the part of the assignor shall be sufficient to invalidate the assignment, whether the assignee knew of it or not.

(a) Upon the petition of any person interested in the execution of the assignment presented to the circuit court, setting forth the necessity for the sale or disposition of the property or any portion thereof not provided for in the deed of assignment, the circuit court shall mak…

In case any portion of the property involved in the assignment becomes involved in litigation, that fact, when made known to the circuit court by the assignee, shall authorize the circuit court to direct the assignee to employ counsel either to prosecute or defend in the litigati…

(a) The assignee shall, in the circuit court of the county in which the assignment is made, after one (1) year from the date of the assignment, and every year thereafter until the proceeds of the property assigned are disposed of for the benefit of creditors, present to the circu…

The assignee shall be liable upon his or her bond to anyone interested in the property included in the assignment for any loss that may occur by reason of his or her negligence or mismanagement of the property after the property comes into his or her possession. He or she shall a…

(a) Parties to a question which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the case to any court which would have jurisdiction if an action had been brought. (b)…

(a) No action to obtain a discovery shall be brought except in aid of some other action pending where any person or corporation is liable, either jointly or severally with others, by the same contract. In such a case, an action may be brought against any of the parties who are li…

(a) (1) (A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money…

(a) In any action brought in the courts of this state for the recovery of money contracted for property in possession of the vendee, it shall not be lawful to include the property in any schedule intended to protect the property, or exempt it from seizure on attachment or sale on…

(a) In lieu of the writs of scire facias and quo warranto, or of information in the nature of a quo warranto, actions may be brought to vacate or repeal charters and prevent the usurpation of an office or franchise. (b) (1) Whenever a person usurps an office or franchise to which…

The actions of alienation of affection and criminal conversation are abolished.

(a) (1) Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct.(2) The burden of proof for showing conduct that constituted a felony shall be a preponde…

(a) As used in this subchapter, “drug paraphernalia” means those items as defined by §§ 5-64-101, 5-64-403(a)(4), 5-64-443, and 5-64-505. (b) (1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a …