Title 16 — Practice, Procedure, And Courts

The plaintiff shall, on the day on which he or she sues out his writ of garnishment, prepare and file all the allegations and interrogatories, in writing, with the clerk or justice issuing the writ upon which he or she may be desirous of obtaining the answer of the garnishee touc…

The garnishee shall, on the return day named in the writ, exhibit and file, under his or her oath, full, direct, and true answers to all such allegations and interrogatories as may have been exhibited against him or her by the plaintiff.

(a) If the garnishee files his or her answer to the interrogatories exhibited and the plaintiff deems the answers untrue or insufficient, he or she may deny the answer and cause his or her denial to be entered on the record. (b) The court or justice, if neither party requires a j…

(a) If any garnishee that is a bank, savings bank, or trust company domiciled in this state, after having been served with a writ of garnishment ten (10) days before the return day thereof, shall neglect to answer on or before the return day the writ or any interrogatories which …

(a) If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to t…

(a) (1) Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount fo…

(a) If on the return day of any writ of garnishment the garnishee shall surrender to the plaintiff all the goods and chattels, moneys, credits, and effects which may be in his or her hands or possession belonging to the defendant, he or she shall be discharged with costs. (b) The…

(a) If the issue is found for the garnishee, he or she shall be discharged without further proceedings. (b) However, if the issue is found for the plaintiff, judgment shall be entered for the amount due from the garnishee to the defendant in the original judgment, or so much ther…

In all cases where judgment shall be rendered against any garnishee on an answer to interrogatories filed, the judgment shall have the effect to release the garnishee from all responsibility in relation to the goods and chattels, moneys, credits, and effects for which the judgmen…

Writs of garnishment may be issued from the circuit court of one (1) county to any other county in the state.

(a) (1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, …

(a) No garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars ($200) or less, and where the property sought to be reached is wages due to a defendant by any railroad corporation, until after judgment has been recovered by the plaintiff…

(a) Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently bec…

In any garnishment of salaries, wages, or other compensation due from the employer garnishee, the plaintiff shall include the following notice to the employer garnishee:“NOTICE TO EMPLOYER GARNISHEE”The amount of wages available for withholding for this judgment and costs is subj…

(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to any court-ordered income withholding amount for the administrative cost incurred in each withholding. (b) The income withholding provisions of this section shall not apply to unemploy…

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validi…

A.C.A. § 16-111-103Current 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) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may ha…

The enumeration in §§ 16-111-102 and 16-111-104 does not limit or restrict the exercise of the general powers conferred in § 16-111-101, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, …

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

(a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validit…

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

The word “person” wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

The several sections and provisions of this chapter except §§ 16-111-101 and 16-111-102, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter.

(a) (1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state.(2) (A) The county jud…

(a) (1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authori…

(a) The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the state or to the person against whom the writ is directed, conditioned that the person detained shall not escape by the way, and for the payment of such costs and char…

(a) Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her. (b) (1) The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or be…

(a) The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom it is directed or, in his or her absence from the place where the petitioner is confined, on the person having him or her in immediate custody. (b) If …

No person charged with a criminal offense shall be removed by a writ of habeas corpus out of the county in which he or she is confined at any time within fifteen (15) days next preceding the term of the court at which the prisoner ought to be tried, except to convey him or her in…

(a) The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the furt…

(a) When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ is served to bring with the writ all and every examination and informat…

If any person on whom a writ of habeas corpus is served fails to bring the body of the petitioner, with a return of the cause of his or her detention, at the time and place specified in the writ, he or she shall forfeit and pay the prisoner one thousand dollars ($1,000).

When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the judge may, for good cause shown, direct the officer or person serving the writ to take the applicant into his or her custody and produce him or her on the return …

(a) Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without danger, be brought before the court or judge before whom the writ is returnable, the person in whose custody he or she is may state the fact…

(a) The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her disch…

(a) The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power to compel the attendance of witnesses or to punish a contempt of his or her authority, as a court of record has. His or her judgment on the trial of the …

The judge before whom the writ is returned, after hearing the matter, both upon the return and any other evidence, shall either discharge or remand the petitioner, admit the prisoner to bail, or make such order as may be proper. He or she shall adjudge the costs of the proceeding…

(1) It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either:(1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdicti…

Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by…

(a) No person shall be discharged under the provisions of this act:(1) Who is in custody or held by virtue of any legal engagement or enlistment in the United States Army, United States Navy, United States Marine Corps, United States Air Force, United States Space Force, or Unite…

The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the writ was heard or the court in which the prosecution, if any, is pending.

A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal order or process of the court wherein he or she shall be bound by recognizance to appear or some other court having jurisdiction of the same cause.

(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was…