§ 16-55-101. Title of code
This code shall be known as the “Code of Practice in Civil Cases” in this state.
§ 16-55-103. Applicability of code
(a) Except as otherwise provided by law, this code shall regulate the procedure in all civil actions and proceedings in the courts of this state. (b) Except as otherwise provided by law, the provisions of this code shall apply to and regulate the proceedings of all the courts of this state, though not expressly enumerated, […]
§ 16-55-104. Construction of code
(a) The rule of common law that statutes in derogation of the common law are to be strictly construed shall not be applied to the code. (b) The provisions of the code, and all proceedings under it, shall be liberally construed, with a view to promote its object and to assist the parties in obtaining […]
§ 16-55-105. Amendment or repeal of code
No act shall have the effect to amend or repeal or be construed as amending or repealing any title, chapter, article, section, clause, or provision of this code unless the intention is expressly stated, and the title, chapter, article, or section shall be particularly referred to and recited in the act amending or repealing it.
§ 16-55-108. Authority of deputies
Any duty enjoined by this code upon a ministerial officer and any act permitted to be done by him or her may be performed by his or her lawful deputy.
§ 16-55-110. Boards — Authority of majority
An authority conferred upon three (3) or more persons may be exercised by a majority of them and a majority of three (3) or more persons may do any act directed to be performed by them.
§ 16-55-111. Classes of remedies
Remedies in civil cases are divided into two (2) classes: (1) Actions; (2) Special proceedings.
§ 16-55-112. Authority to grant provisional remedy
A provisional remedy as provided in this code may be granted only by the judge of the court in which the action is brought, or by any circuit judge.
§ 16-55-113. Writ of ne exeat abolished
The writ of ne exeat as a remedy in a civil action is abolished.
§ 16-55-114. Notices — Form — Service generally
(a) (1) The notices mentioned in this code shall be in writing and may be served by a sheriff, constable, coroner, or marshal of a town or city, whose return thereon shall be proof of the service. (2) Notices may also be served by any person not a party or interested in the action or […]
§ 16-55-115. Notice — Additional method of service
(a) Wherever, in connection with the taking of depositions, the filing of motions, or in any other matters either during the pendency of a suit or prior to a litigation, the law requires the service of notice by one (1) person upon another, except in the case of service of a summons, that notice may […]
§ 16-55-116. Notice — Service upon certain persons
(a) (1) Where it is not otherwise specially provided, notice to a party in an action of any motion or proceeding to be made or taken in the action in court or before a judge may be served upon the party or his or her attorney. (2) The service upon the attorney in any such […]
§ 16-55-117. Notice — Duty of officer serving
(a) It shall be the duty of the sheriff and of every constable to whom any notice in an action may be delivered for service within his or her county to serve and return the notice to the party who delivered it to him or her. (b) A failure to perform this duty may be […]
§ 16-55-118. Laws requiring notice or summons for specified time before term amended to permit action taken on any day court is in session
Whether specifically mentioned in this act or not, any law or part of a law requiring notice or summons to be served or published a specific length of time before the beginning of a term before the steps authorized in the law may be had at such terms in any civil or special proceeding is […]
§ 16-55-119. Computation of time
Where a certain number of days are required to intervene between two (2) acts, the day of one (1) only of the acts may be counted.
§ 16-55-120. Affirmation in lieu of oath
Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect.
§ 16-55-121. Successive actions on same contract or transaction
Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action has arisen therefrom.
§ 16-55-122. Contract provisions restricting disclosure of environmental hazards are void
(a) Any provision of a contract or agreement entered into to settle a lawsuit which purports to restrict any person’s right to disclose the existence or harmfulness of an environmental hazard is declared to be against the public policy of the State of Arkansas and therefore void. (b) For purposes of this section, the term […]