Title 16 — Practice, Procedure, And Courts

Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court, shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his or her liberty within the…

(a) (1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relie…

(a) Except when direct appeal is available, a person convicted of a crime may commence a proceeding to secure relief by filing a petition in the court in which the conviction was entered to vacate and set aside the judgment and to discharge the petitioner or to resentence the pet…

(1) Except when direct appeal is available, a person convicted of a crime may make a motion for the performance of fingerprinting, forensic deoxyribonucleic acid (DNA) testing, or other tests which may become available through advances in technology to demonstrate the person's ac…

(a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain:(1) (A) A statement of the facts and the grounds upon which the petition is based and relief desired.(B) All grounds for relief shall be sta…

(a) Within twenty (20) days after the filing of the petition, the prosecuting attorney or the Attorney General shall respond to the petition by answer or motion which shall be filed with the court and served on the petitioner if unrepresented or served on the petitioner's attorne…

(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of …

(a) The appealing party, within thirty (30) calendar days after the entry of the order, shall file a notice of appeal if the party wishes to appeal. (b) (1) If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General.(2) If the ap…

(a) (1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys.(2) The trial public defenders or appointed private attorneys …

(a) (1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory.(2) (A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court…

The injunction provided by the Code of Practice in Civil Cases is a command to refrain from a particular act.

An injunction may be the final judgment in an action, or may be allowed as a provisional remedy. Where so allowed, it shall be by order.

A.C.A. § 16-113-103Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

The writ of injunction is abolished.

A.C.A. § 16-113-201Current 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) On the hearing of an application for an injunction of which notice has been given, each party may read affidavits. (b) The affidavits read upon an application for an injunction shall be filed with the papers of the case.

(a) In every case, the court or judge granting an injunction shall specify in the order therefor an amount, for which the party obtaining it shall give security in a bond to the party enjoined, before the injunction shall become effectual. The amount of the bond shall be sufficie…

(a) The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be dated and signed by the clerk. (b) (1) Where the order of injunction is issued at the commencement of the action, it shall be endorsed upon the summons, and the copy the…

Where notice of the application for an injunction has been given to the party enjoined, it shall not be necessary to serve the order upon him or her. He or she is bound by the injunction as soon as the bond required of the adverse party is executed.

An injunction binds the party from the time he or she is informed thereof.

(a) No injunction shall be granted by a circuit judge after a motion therefor has been overruled by the court. (b) A judge refusing an application for an injunction, if requested by the defendant, shall give him or her a certificate thereof.

(a) The injunction may be granted at the commencement of the action or at any time before judgment by the circuit court when it appears by the complaint that the plaintiff is entitled thereto. During litigation, it may be granted by the circuit court when it satisfactorily appear…

A.C.A. § 16-113-302Current 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.C.A. § 16-113-303Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

An injunction to stay proceedings on a judgment or final order of a court shall not be granted in an action brought by the party seeking the injunction in any other court than that in which the judgment or order was rendered or made, nor shall such injunction be granted by any of…

In all cases where applications are made in any court in this state having jurisdiction thereof to enforce any statute or order of an administrative board or commission of this state, a stay against the enforcement of the statute or order may be issued by the court pending the de…

The circuit judge for any county may grant injunctions and restraining orders, in all cases of illegal or unauthorized taxes and assessments by county, city, or other local tribunals, boards, or officers. No clerk or deputy clerk shall be authorized to grant restraining orders or…

A.C.A. § 16-113-307Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

All injunctions granted before final judgment shall be subject to the further order of the court.

(a) The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff's complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given. (b) After answer filed by the party enjoine…

(a) The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper. (b) When delay is a…

After hearing the motion, the court or judge shall overrule the motion, or dissolve or modify the injunction, according to the right of the case.

(a) (1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bo…

(a) The judgment for damages shall be rendered against the party who obtained the restraining order or injunction and against his or her sureties on the bond, and the judgment for damages shall be conclusive against them. (b) In proceedings under this subchapter, the sureties sha…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Action for medical injury” means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section;(2) “…

This subchapter applies to all causes of action for medical injury accruing after April 2, 1979, and, as to such causes of action, shall supersede any inconsistent provision of law.

(a) Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues. (b) The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. Ho…

A.C.A. § 16-114-204Current 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) In any action for medical injury, the declaration or other affirmative pleading shall not specify the amount of damages claimed but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional…

(a) In any action for medical injury, when the asserted negligence does not lie within the jury's comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving:(1) By means of expert testimony provided only by a medical care provider of the same sp…

(1) In any action for medical injury:(1) Rule 702 of the Uniform Rules of Evidence [repealed] shall govern the qualifications of expert witnesses;(2) No witness whose compensation for his or her services is in any way dependent on the outcome of the case shall be permitted to giv…

(a) (1) (A) The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodi…

(a) If any action for medical injury is filed without reasonable cause, the party or attorney who signed the complaint shall thereafter, as determined by the court, be subject to:(1) The payment of reasonable costs, including attorney's fees, incurred by the other party by reason…

When a medical care provider is a codefendant with a medical care facility in an action for medical injury, and the only reason for naming the facility as a defendant is that the defendant medical care provider practices in the facility, the plaintiff shall have the burden of pro…

The results of any surveys or inspections by state or federal regulators, or by accrediting organizations, that are not otherwise privileged and that the plaintiff seeks to use as evidence against a medical care provider must be relevant to the plaintiff's injury to be admissible…

(a) If a plaintiff serves written notice of intention to file an action for medical injury within thirty (30) days prior to the expiration of the applicable statute of limitations, the statute of limitations shall be tolled for ninety (90) days only if the following conditions ar…

This subchapter is the sole remedy with respect to any action for medical injury against a medical care provider.

(a) As used in this section, “respiratory syncytial virus disease” means a respiratory infection of the nose, throat, and lungs caused by the respiratory syncytial virus. (b) (1) A person or entity that prescribes, dispenses, administers, or is otherwise involved in the administr…

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987.

(1) No person, partnership, or corporation licensed or authorized to practice under the Public Accountancy Act of 1975, § 17-12-101 et seq., or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person…