Title 16, Practice, Procedure, And Courts

Witnesses, duly summoned, shall be allowed for their attendance as such before either county or probate courts the sum of one dollar ($1.00) for each day's attendance, to be taxed as other costs and paid by the unsuccessful party.

(a) Every account for attendance of a witness shall be sworn to and shall state that he or she was summoned to attend as a witness in the cause upon which the charge is made, shall state the number of days he or she attended, and, if the witness was summoned outside the limits of…

Witnesses who leave home and attend any court in pursuance of a subpoena shall be allowed the amount necessarily paid out for crossing any ferry or toll bridge in going to and returning from the court.

(a) If a state employee is subpoenaed as a witness to give a deposition or testimony at a hearing in state or federal court or before any body with power to issue a subpoena, the state employee is:(1) Entitled to retain any witness fees that may be tendered to him or her under st…

(a) The biological mother of a child shall be a competent witness to testify in any court proceeding or administrative hearing as to who is the biological father of the child, the time and place of conception, access by the putative father and by her husband, support or lack of s…

(a) The court or judge in vacation, or a Justice of the Supreme Court, may authorize either party to take the deposition of a material witness where there are reasonable grounds to apprehend that, before trial, the witness will die, will become mentally incapable of giving testim…

(a) If it appears that a prospective witness may be unable to attend or be prevented from attending a trial or hearing, that his or her testimony is material, and that it is necessary to take his or her deposition in order to prevent a failure of justice, the court at any time af…

(a) As used in this section, the term “videotaped deposition” means the visual recording on a magnetic tape, together with the associated sound, of a witness testifying under oath in the course of a judicial proceeding, upon oral examination and where an opportunity is given for …

An affidavit may be read to verify a pleading; to prove the service of a summons, notice, or other process in an action; to obtain a provisional remedy, a stay of proceedings, or a warning order, upon a motion; and in any other case permitted by law.

(a) An affidavit may be made in this state before a judge of the court, justice of the peace, notary public, clerk of a court, or mayor of a city or incorporated town. (b) An affidavit may be made out of this state before a commissioner appointed by the Governor of this state to …

Every affidavit shall be subscribed by the affiant. The certificate of the officer before whom the affidavit is made shall be written separately following the signature of the affiant.

(a) (1) In a suit on an account, including without limitation a credit card account or other revolving credit account, in a court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is sufficient to establish t…

Where a provisional remedy is granted upon an affidavit and a motion is made to discharge or vacate the remedy, either before or after pleading to the cause, the party against whom the remedy is granted may, by written notice to the party by whom it was obtained or by an order or…

(a) (1) The clerk of any court of record may record any certified copy of any instrument by attaching the certified copy to his or her record book so as to make the copy be and become a part of the record to the extent that the copy cannot be detached, and the copy shall be legal…

Where a writing purporting to have been executed by one (1) of the parties is referred to in and filed with a pleading, it may be read as genuine against that party unless he denies its genuineness by affidavit before the trial is begun.

No survey made by any person except the county surveyor or his deputy shall be considered as legal evidence in any court of law or equity within this state unless the surveys are made under authority of the United States or by the mutual consent of the parties.

(a) No person employed as a private or confidential investigator shall undertake to determine the attendance or number of paid admissions at a public place of amusement and entertainment without first displaying to the owner or manager of such place his license or credentials as …

(a) (1) (A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professiona…

(a) In contemplation of, preparation for, or use in any legal proceeding, adjustment of an insurance claim, or the processing and underwriting of a life insurance application a person who is or has been a patient of a medical provider is entitled to obtain access, personally or t…

(a) Upon the trial of any civil case involving injury, disease, or disability, the patient, a member of his family, or any other person responsible for the care of the patient shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bil…

(a) (1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would ot…

(a) (1) The proceedings, minutes, records, or reports of the quality assurance committee having the responsibility for reviewing and evaluating the quality of medical, nursing, or other care delivered in a long-term care facility, or of professional consultants engaged by long-te…

(a) The protest made by a notary public under his hand and seal of office shall be evidence of the facts contained in the protest. (b) The certificate of a notary public, under his hand and seal of office, that he forwarded notice of protest shall be prima facie evidence of the f…

Printed copies of schedules, classifications, and tariffs of rates, fares, and charges, and supplements to the printed copies, of all common carriers and contract carriers by railroad, motor vehicle, or otherwise, on file with the United States Surface Transportation Board or the…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Custodian” means the medical records librarian and the administrator or other chief officer of a duly licensed hospital, physician's office, or comprehensive community mental health center in this state an…

Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the pla…

(1) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, the name of the custodian, and the date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an ou…

(a) Unless the sealed envelope or wrapper is returned to the custodian who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or t…

(a) The records shall be accompanied by an affidavit of a custodian stating in substance:(1) That the affiant is the duly authorized custodian of the records and has authority to certify the records;(2) That the copy is a true copy of all the records described in the subpoena; an…

The copy of the record shall be admissible in evidence to the same extent as though the original record was offered and the custodian had been present and testified to the matters stated in the affidavit.

(a) Where the personal attendance of the custodian is desired, the subpoena duces tecum shall contain a clause which reads: “The personal attendance of the custodian of records is necessary.” (b) Where both the personal attendance of the custodian and the production of the origin…

In view of the property right of the hospital or physician's office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing. The cust…

This subchapter shall be known and may be cited as the “Patient Medical Records Privacy Act”.

(1) As used in this subchapter:(1) (A) “Medical records” means hospital or clinic records, physicians' records, or other healthcare records and includes an admitting form, discharge summary, history and physical, progress notes, physicians' orders, reports of operations, recovery…

(a) Any party in litigation that receives or obtains a copy of a patient's medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to …

If notice is not given as required by § 16-46-403, a party in litigation shall be prohibited from introducing the patient's medical records into evidence or referring to the patient's medical records in any manner in a legal proceeding relating to the patient.

(a) This subchapter shall apply to private litigants in civil actions only and shall not alter the rights, duties, or responsibilities of any person or entity in any other type of legal proceeding, including, but not limited to, actions under the Workers' Compensation Law, § 11-9…

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act, before they or any of them shall be admitted to reco…

(a) Either the forms of acknowledgments now in use in this state or any other forms which specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken, and which set out the name of the person acknowledging and, in instances where he…

(a) The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one of the following courts or officers:(1) When acknowledged or proven within this state, before the Supreme Court, the circuit court, the chancery cour…

(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer …

Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any married woman in any conveyance of the real estate of her husband, shall grant a certificate thereof and cause the certificate to be …

(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgme…

(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, ass…

(1) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual…

All acknowledgments taken before March 20, 1945, and subscribed by officers of the United States armed forces acknowledging the signatures of soldiers in the armed forces are validated in every respect.