Title 16 — Practice, Procedure, And Courts

(a) As used in this title, “recidivism” means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release fr…

(a) The usual mode of administering oaths practiced by the person who swears, laying his or her hand on and kissing the Gospels, shall be observed in all cases in which an oath is or may be required by law to be administered, except as otherwise provided in this chapter. (b) Ever…

Every court and judge, including former judges of courts of record who served at least four (4) years, justices and clerks thereof, and all justices of the peace, shall have the power to administer oaths and affirmations to witnesses and others concerning any thing or proceeding …

In all cases in which an oath is required or authorized by law, it may be taken in any of the forms prescribed in this chapter. Every person swearing, affirming, or declaring in any such form, or any form authorized by law, shall be deemed to have been lawfully sworn and to be gu…

(a) Any person in any branch of the armed services of the United States of America may make oath to any affidavit before any commissioned officer of any branch of the services, and the certificate of the officer before whom the oath may be made shall be proof of the making of the…

This subchapter may be cited as the Uniform Unsworn Foreign Declarations Act.

(1) In this subchapter:(1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.(2) “Law” includes the federa…

This subchapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This subchapter does not a…

(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subchapter has the same effect as a sworn declaration. (b) This subchapter does not apply to:(1) a de…

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

An unsworn declaration under this subchapter must be in substantially the following form: I declare under penalty of perjury under the law of Arkansas that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, …

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This subchapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., as it existed on January 1, 2017, but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c)…

(a) All advertisements and orders of publication required by law or order of any court, or in conformity with any deed of trust, or real estate mortgage, or chattel mortgage where the amount therein received exceeds the sum of three hundred fifty dollars ($350), or power of attor…

(a) When any legal advertisement or notice is required by law to be published and no definite time is given for it to run, it shall be construed to mean for one (1) week. (b) When a definite time is specified, it shall be construed to mean once a week during the time so specified…

(a) (1) When any notice or advertisement relating to any cause, matter, or thing in any court of record shall be required by law or the order of any court to be published, the notice or advertisement, when duly published, shall be paid for by the party at whose instance it was pu…

(a) When any notice or advertisement shall be required by law or the order of any court to be published in any newspaper or made in conformity with any mortgage, deed of trust, power of attorney, or administrator's notice, the affidavit of the editor, proprietor, manager, or chie…

(a) As used in this section, “legal newspaper” means a publication bearing a fixed title or name, published at a fixed place of business, regularly issued at fixed intervals as frequently as one (1) time each week and having a second-class mailing privilege, and being not less th…

All statutes requiring publication of legal notices by insertions in newspapers published either in the applicable town or county, and also requiring general circulation of the newspapers in the town or county, may be complied with, if no such newspaper is actually published in t…

(a) Any weekly newspaper published in the State of Arkansas by any statewide patriotic organization and having a circulation of five hundred (500) or more in the county in which the newspaper is published is declared to be a medium or forum in which there may be published all leg…

Whenever it appears to any state, county, or municipal agency or department that a special class of readers should be reached in order to obtain a wider range of bids, the department or agency may, in addition to the legal notices and advertising provided by law, place the advert…

A. Definition of “Person”. As used in this section, “person” includes an individual or his or her executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliar…

A. Manner and Proof of Service. 1. When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made:(a) By personal delivery in the manner prescribed for service within this state;(b) In the manner prescr…

A.C.A. § 16-4-103Current 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.C.A. § 16-4-104Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) Except as otherwise provided herein, this chapter does not repeal or modify any law of this state:(1) Authorizing the exercise of jurisdiction on any bases other than the bases specified in § 16-4-101;(2) Permitting a procedure for service or for obtaining testimony, document…

This chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the laws of those states which enact it.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…

This chapter may be cited as the “Uniform Interstate and International Procedure Act”.

(a) No volunteer firefighter or board member of a volunteer fire department nor administrative personnel of a volunteer fire department shall be civilly liable for personal injury or property damage resulting from any act or omission of a volunteer firefighter in carrying out his…

(a) No volunteer firefighter shall be civilly liable for personal injury or property damage resulting from any act or omission in the installation of a smoke alarm provided free of charge if the act or omission did not constitute intentional wrongdoing. (b) No board member of any…

This subchapter may be cited as the “Arkansas Volunteer Immunity Act”.

Since the spirit of volunteerism has long animated citizens of this state to give of their time and abilities to help others, the State of Arkansas would be wise to ensure that qualified volunteers shall not be civilly liable for personal injury or property damage resulting from …

(1) As used in this subchapter, unless the context otherwise requires:(1) “Qualified volunteer” means any person who of free will provides goods or services without financial compensation to or through any volunteer agency in connection with a volunteer program;(2) “Volunteer age…

(a) A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his or her volunteer activities. (b) Nothing in this subchapter shall be construed to limit the liability of a person acting outside the scope of…

(1) A qualified volunteer shall not be liable in damages for personal injury or property damage sustained by one who is a participant in or a recipient, consumer, or user of the services or benefits of a volunteer by reason of any act or omission of a qualified volunteer in conne…

(a) As used in this section, “healthcare professional” means a person who:(1) Is licensed or certified under Subtitle 3 of Title 17; or(2) Is a student or resident of a healthcare profession program leading to a professional degree, a license, or certification under Subtitle 3 of…

The purpose of this subchapter is to encourage, promote, and develop voluntary alternative processes throughout the state to resolve disputes, cases, and controversies of all kinds.

(a) (1) (A) There is hereby created the Arkansas Alternative Dispute Resolution Commission, which shall consist of seven (7) members.(B) (i) Three (3) members shall be attorneys appointed by the Chief Justice of the Supreme Court, one (1) of whom shall have been recommended to th…

(a) General staff support, facilities, and operating assistance for the Arkansas Alternative Dispute Resolution Commission shall be provided by the Administrative Office of the Courts from funds appropriated for that purpose by the General Assembly. (b) The commission shall selec…

(1) The Arkansas Alternative Dispute Resolution Commission shall have the authority and responsibility to:(1) Promote in a systematic manner the appropriate use of alternative dispute resolution;(2) Provide education to the courts, other government agencies, and the public on the…

(1) It is the intent of the General Assembly to:(1) Encourage and authorize the use of dispute resolution processes throughout this state to resolve disputes, cases, and controversies of all kinds. Such processes include, but are not limited to, negotiation, mediation, conciliati…

(a) (1) It is the duty of each trial and appellate court of this state and each court is hereby vested with the authority to encourage the settlement of cases and controversies pending before it by suggesting the referral of a case or controversy to an appropriate dispute resolut…

(a) It is the duty of all the elements of government expressed or implied by § 16-7-201(3), and they are hereby authorized, to use dispute resolution processes in resolving any and all disputes, cases, or controversies in which they may be directly or indirectly involved, whether…

An attorney licensed in this state when practicing in this state is encouraged to advise his or her client about the dispute resolution process options available to him or her and to assist him or her in the selection of the technique or procedure, including litigation, deemed ap…

The courts and all the other elements of government expressed or implied by § 16-17-201(3) may keep information concerning all their efforts to use dispute resolution processes, whether or not such efforts lead to successful outcomes.

(a) Except as provided by subsection (c) of this section, a communication relating to the subject matter of any civil or criminal dispute made by a participant in a dispute resolution process, whether before or after the institution of formal judicial proceedings, is confidential…

No impartial third party administering or participating in a dispute resolution process shall be held liable for civil damages for any statement or decision made in connection with or arising out of the conduct of a dispute resolution process unless the person acted in a manner e…

This subchapter shall be known as the “Arkansas Court Security Act”.

(a) Recent incidents involving serious court security failures resulting in death or injury to judges and others in court facilities across the United States indicate that court security is an issue requiring an immediate response from this state. (b) It is a valid expectation th…