Title 16, Practice, Procedure, And Courts

The notice of the pendency of the suit shall set forth the title of the cause and the general object thereof, together with a correct and full description of the property to be affected thereby, the names of the parties to the suit, and the style of the court where the suit is pe…

It shall be the duty of the recorder of deeds to record the notice of the pending suit in either a state court or United States district court in a book kept for that purpose, upon the payment of the same fees as are provided by law for recording mortgages.

The recorder of deeds shall immediately upon the filing of the notice of the pendency of the action enter in an index to be kept in his or her office such reference to these notices as will enable all persons interested to search his or her office to obtain a description of the p…

For the indexing and recording of the notice of the pendency of the suit, the recorder of deeds shall be entitled to the same fees as are provided by law for recording and indexing deeds. The sum thus paid to the recorder shall be taxed as part of the costs of executing the proce…

The amount of any account audited, adjusted, and found due the state, with the penalties and interest thereon, shall be a lien on all the real estate of the person charged with the amount of any such account from the time the suit shall be brought for the recovery thereof.

A copy of the record, authenticated by the recorder of deeds, shall be evidence of the notice of the pendency of the suit and of the filing of the notice in all courts and places.

(a) A civil action other than a civil action mentioned in §§ 16-60-102 — 16-60-109, 16-106-101, and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties:(1) The county in which a substantial part of the event o…

(1) A civil action for the following causes shall be brought in the county in which the subject of the civil action, or some part of the civil action, is situated:(1) The recovery of real property, or of an estate or interest in real property;(2) The partition of real property;(3…

(1) A civil action for the following causes shall be brought in the county where the cause, or some part of the cause, arose:(1) A civil action for the recovery of a fine, penalty, or forfeiture imposed by a statute, except that when the violation of the statute for which the cla…

(1) The following civil actions shall be brought in Pulaski County:(1) (A) A civil action on behalf of the state, or which may be brought in the name of the state, or in which the state has or claims an interest, except as provided in § 16-106-101.(B) However, if a civil action c…

A civil action for medical injury brought under § 16-114-201 et seq. against a medical care provider, as defined in § 16-114-201, shall be filed in the county in which the alleged act or omission occurred.

A civil action on a debt, account, or note, or for goods or services against a city of the first class, a city of the second class, an incorporated town, a public facilities board, or a county shall be brought in the county in which the city, town, public facilities board, or cou…

(a) A civil action in contract by a resident subcontractor, supplier, or materialman against a prime contractor or subcontractor who is a nonresident of this state or who is a foreign corporation may be brought in the county in which the plaintiff resided at the time the cause of…

(1) A civil action brought in this state by or in behalf of an insured or beneficiary against a domestic or foreign surety on a contractor's payment or performance bond may be brought in the county:(1) In which the loss occurred;(2) Of the insured's residence at the time of loss;…

A civil action, other than a civil action described in § 16-60-104 or a civil action for personal injury or death, against a public school district, a public school district board of directors, or a public school district's officer, agent, servant, or employee acting within the c…

(a) (1) Any party to a civil action to be tried by a jury may obtain an order for a change of venue therein by motion upon a petition stating that he or she verily believes that he or she cannot obtain a fair and impartial trial in the action in the county in which the action is …

Except as provided under § 16-60-201(e), the venue of civil actions shall not be changed unless the court or judge to whom the application for change of venue is made finds that the change of venue is necessary to obtain a fair and impartial trial of the cause.

Upon presenting the petition, which may be resisted, and upon notice to the judge, the judge may make an order for the change of venue in the action, if in his or her judgment it is necessary for a fair and impartial trial, to a county to which there is no valid objection and whi…

(a) When the order for change of venue is obtained out of term time, the party obtaining the order shall cause the petition, notice, affidavit, and order to be delivered to the clerk of the court in which the action is pending, who shall file the order with the papers in the case…

Only one (1) order for a change of venue shall be granted to the same party in the same action.

In all cases of change of venue, the action shall stand for trial in the court to which the change is made at the first term of the court which commences more than ten (10) days from the filing of the papers of the case in the office of the clerk of such court.

The venue of domestic relations cases in this state may be transferred between judicial districts in which either party resides, when agreed to by the parties to the action and the judges involved.

(a) If a husband and wife are sued together, the wife may defend:(1) For her own right; and(2) If the husband neglects to defend, for his right also. (1) For her own right; and (2) If the husband neglects to defend, for his right also. (b) Where a husband, being a father, has des…

(1) Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:(1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;(2) If he or she is the defendant, the plai…

A guardian or attorney appointed on the application of the plaintiff to defend for an infant, person of unsound mind, or prisoner shall be allowed a reasonable fee for his or her services, to be paid by the plaintiff and taxed in the costs.

Administrators, executors, and guardians appointed in any of the states, territories, or districts of the United States, under the laws thereof, may sue in any of the courts of this state, in their representative capacity, to the same and like effect as if the administrators, exe…

(a) Joint obligations shall be construed to have the same effect as joint and several obligations, and may be sued on, and recoveries had thereon in like manner. (b) Persons severally liable upon the same contract, including parties to bills of exchange, promissory notes placed u…

(a) When the assignment is not authorized by statute, the assignor must be a party as plaintiff or defendant. (b) Where the right of the plaintiff is transferred or assigned during the pendency of the action, it may be continued in his or her name, or the court may allow the pers…

(1) As used in this subchapter:(1) “Joint tortfeasor” means two (2) or more persons or entities who may have joint liability or several liability in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them; and(2) “Sev…

(a) The right of contribution exists among joint tortfeasors. (b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share of the common liability. (c) Th…

(a) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides. (b) A release by the injured person of a joint tortfeasor does not relieve the released tortfeasor fro…

This subchapter does not impair any right of indemnity under existing law.

(1) Before answering, a defendant seeking contribution in a tort action may move ex parte or, after answering, on notice to the plaintiff, for leave as a third party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable as a jo…

If any provision of this subchapter, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this…

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

This subchapter may be cited as the “Uniform Contribution Among Tortfeasors Act.”

All acts or parts of acts which are inconsistent with the provisions of this subchapter are hereby repealed.

Because the passage of this subchapter will invite parties litigant to pursue dilatory tactics in the courts of this state until its effective date in order that they may take advantage of its provisions, contrary to the public health, safety, and welfare, an emergency is hereby …

(a) (1) For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the …

(a) (1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not …

No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office o…

(a) An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reason…

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order m…

When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her represent…

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an…

When, by the provisions of § 16-62-110, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.