XIV. MISCELLANEOUS

A. ARBITRATION AND AWARD. An application to vacate an award shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known. A.C.A. § 16-108-212(b) (1987).

 

B. BONDS.

 

1. Constable's bond. No suit shall be brought on any bond of a constable after the expiration of four (4) years from its date. A.C.A. § 16-56-110(c) (1987).

 

2. Contractor's bond. No person, firm, association, or corporation who has a valid claim against the bond on a contract for the repair, alteration, or erection of any building, structure, or improvement, public or private, shall bring an action on the bond after six (6) months from the date final payment is made on the contract. A.C.A. § 18-44-508 (1987).

 

3. Contractor's bond: public works. No action shall be brought on a bond after one year from the date final payment is made on a contract for a public works construction project. With respect to public works contracts where final approval for payment is given by Arkansas State Building Services or by an institution of higher education exempt from construction review and approval by State Building Services, no action shall be brought on the bond after twelve (12) months from the date on which State Building Services or the public institution of higher education approves final payment on the state contract. A.C.A. § 22-9-403 (Repl. 1996 & 2001).

 

4. Contractor's bond: repair, alteration, or erection of religious or charitable organization's building. No actions against a contractor's bond shall be brought after six (6) months from the completion of the church, hospital, orphanage, charitable institution, or benevolent institution. A.C.A. § 18-44-504 (1987).

 

5. Coroner's bond. Actions on official bonds of sheriffs and coroners shall commence within four (4) years after the cause of action accrues. A.C.A. § 16-56-110 (a) (1987).

 

6. Executor / administrator's bond. Actions on bonds of executors and administrators shall commence within eight (8) months after the cause of action accrues. A.C.A. § 16-56-113 (1987).

 

7. Sheriff's bond. Actions on official bonds of sheriffs and coroners shall commence within four (4) years after the cause of action accrues. A.C.A. § 16-56-110 (a) (1987).

C. COUNTIES.

 

1. Allowed claims. Demand must be made within three (3) years after allowance to the county court. A.C.A. § 14-23-109 (Repl. 1998).

 

2. Property sold contrary to law. Any sale or conveyance of real or personal property belonging to any county not made in accordance with law may be canceled as null and void by any taxpayer of the county within two (2) years from the date such sale is consummated. A.C.A. § 14-16-105 (Rep). 1998 & Supp. 2001).

 

D. ELECTION CONTESTS.

 

1. Appeal of election results. An appeal to contest the results of any election in any court of this state must be filed within seven (7) calendar days of the final certification of the election result except in instances where the Constitution establishes a time frame for filing an appeal. A.C.A. § 7-5-810 (Repl. 2000).

 

2. Complaint by candidate to contest election.

 

a. Affidavit.. A complaint by a candidate to contest an election shall be verified by the affidavit of the contestant to the effect that he believes the statements to be true and shall be filed within twenty (20) days of the certification complained of. A.C.A. § 7-5­801(d) (Repl. 2000).

 

b. Answer. The complaint shall be answered within twenty (20) days. A.C.A. § 7-5­801(e) (Repl. 2000).

 

3. Complaint by citizens of illegality. If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act was violated, the circuit judge, if in his opinion there is good ground to believe the charges to be true, shall convene a special term at once unless the regular term is in session or will convene within thirty (30) days. A.C.A. § 7-5-807(a) (Repl. 2000).

 

4. Contest of state legislative offices. a. State House of Representatives.

 

i. Election contest. For House election contests, the complaint shall be filed within fifteen (15) days after the election returns are certified by the county board of the election commissioners. A responsive pleading shall be filed by the House contestee within fifteen (15) days after receipt of the complaint, unless an earlier or later date is set by the commission for good cause shown. A.C.A. § 7-5-805(b)(2) (Repl. 2000 & Supp. 2001).

ii. Eligibility contest. For eligibility contests for the House of Representatives pursuant to Arkansas Constitution, Article 5, Section 9, a complaint shall be filed at any time after the election of the individual to a seat in the House of Representatives. For action for expulsion from the House of Representatives pursuant to Arkansas Constitution, Article 5, Section 12, the complaint shall be filed at any time permitted by law. A responsive pleading shall be filed within twenty (20) days after receipt of the complaint, unless an earlier or later date is set by the commission for good cause shown. A.C.A. § 7-5-805(b)(3) (Repl. 2000 & Supp. 2001).

 

b. State Senate: eligibility, qualification, or election contest. Any contest to the eligibility, qualifications, or election to serve as a member of the Senate of the General Assembly should be in accordance with the rules and procedures for election contests as established by that chamber under its governing rules. A.C.A. § 7-5-805(a) (Repl. 2000 & Supp. 2001).

 

5. Liquor vote contest. The contestants shall, within ten (10) days after the final action of the examining board, file in the office of the clerk of the county court a written statement of the grounds of the contest. A.C.A. § 3-8-309(b)(2) (Rep!. 1996).

 

6. Sales and use tax for capital improvements. Any person desiring to challenge the results of the election as published in the proclamation shall file such challenge in the chancery court of the county within thirty (30) days after the date of publication of the proclamation. A.C.A. § 26-74-209 (Repl. 1997).

 

7. Sales and use tax for multi-county airport and riverport. Any person desiring to challenge the results of the election as published in the proclamation shall file such challenge in the circuit court of the county within thirty (30) days after the date of publication of the proclamation. A.C.A. § 26-81-106 (Repl. 1997).

 

E. EQUAL CONSUMER CREDIT ACT. Any action brought under the Arkansas Equal Consumer Credit Act of 1975 may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation. A.C.A. § 4-87-102 (Rep!. 2001).

 

F. FINES AND FORFEITURES. All actions on penal statutes where the penalty, or any part thereof, goes to the state, or to any county or person suing for the same, shall be commenced within two (2) years after the offense has been committed or the cause of action has accrued. A.C.A. § 16-56-108 (1987).

 

G. FRAUDULENT TRANSFERS. A cause of action with respect to a fraudulent transfer or obligation under one of the following sections is extinguished unless action is brought:

 

1. Under A.C.A. § 4-59.204(a)(1) (Repl. 2001). Within three (3) years after the transfer was made or the obligation was incurred;

2. Under A.C.A. § 4-59-204(a)(2) or 4-59-205(a) (Repl. 2001). Within three (3) years after the transfer was made or the obligation was incurred; or

 

3. Under A.C.A. § 4-49-205(b). Within one (1) year after the transfer was made or the obligation was incurred. A.C.A. § 4-59-209 (Repl. 2001).

 

H. GAMBLING LOSSES. Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by bringing an action against the person winning the money or property within ninety (90) days after the paying over of the money or property so lost. A.C.A. § 16-118-103(a)(1) (1987 & Supp. 2001).

 

1. INITIATIVE AND REFERENDUM. 1. County measures.

 

a. Certification. All initiative and referendum petitions must be certified sufficient to the county board of election commissioners not less than forty (40) calendar days prior to a regular general election to be included on the ballot. If the adequacy of a petition is determined by the county clerk less than forty (40) days prior to the next regular election, the election on the measure shall be delayed until the following regular election unless a special election is called on a referendum measure as provided by law. A.C.A. § 14-14-915(b)(3) (Repl. 1998).

 

b. Filing.

 

i. Initiatives. All petitions for initiated county measures shall be filed with the county clerk not less than sixty (60) calendar days nor more than ninety (90) calendar days prior to the date established for the next regular election. A.C.A. § 14-14-915(b)(1) (Repl. 1998).

 

ii. Referendum. All petitions for referendum on county measures must be filed with the county clerk within sixty (60) calendar days after passage and publication of the measure sought to be repealed. A.C.A. § 14-14-915(b)(2) (Repl. 1998).

 

2. Statewide measures. a. Filing.

 

i. Initiative. Initiative petitions for state-wide measures shall be filed with the Secretary of State not less than four (4) months before the election at which they are to be voted upon; provided, that at least thirty (30) days before the aforementioned filing, the proposed measure shall have been published once, at the expense of the petitioners, in some paper of general circulation. Ark. Const. Amend. 7.

ii. Referendum. A referendum petition shall be filed with the Secretary of State not later than ninety (90) days after the final adjournment of the session at which such act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety (90) days, in which case such petition shall be filed no later than ninety (90) days after such recess or temporary adjournment. Ark. Const. Amend. 7.

b. Publication of notice. Publication of the notice for amendments proposed by the General Assembly shall commence six (6) months, and on all other measures eight (8) weeks before the election. A.C.A. § 7-9-113(b)(2) (Repl. 2000 & Repl. 2001).

J. INSURANCE.

1. Disability policies: required provisions.

a. Legal actions. No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished. A.C.A. § 23-85-116 (Repl. 1999).

b. Time limit on certain defenses. After three (3) years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability as defined in the policy commencing after the expiration of such three (3) year period. A.C.A. § 23-85-107(a)(1) (Repl. 1999).

2. Group blanket and disabilities policies: required provisions. All blanket accident and health insurance policies shall provide that no action at law or in equity shall be brought to recover under the policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of the policy and no such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished. A.C.A. § 23-86-102 (Repl. 1999 & Supp. 2001).

3. Suit against insurers. An action by or on behalf of the insured against his property or life insurer may be maintained at any time within the period prescribed by law for bringing actions on promises in writing (five (5) years). A.C.A. § 23-79-202 (Repl. 1999). See A.C.A. § 16-56-111 (1987 & Supp. 2001).

 

K. JUSTICE OF THE PEACE COURTS. 1. Execution on judgment.

 

a. Issuance of execution. Executions for the enforcement of judgments in a justice of the peace court, except when filed in the clerk's office of the circuit court of the county in which the judgment was rendered, may be issued by the justice of the peace before whom judgment was rendered on the application of the party entitled thereto at any time within five (5) years from the entry of the judgment, but not afterwards. A.C.A. § 16-19-1002 (Repl. 1999).

b. Renewal of execution. Every endorsement shall renew the execution in full force, in all respects for twelve (12) months and no longer. A.C.A. § 16-19-1006 (Repl. 1999). (Practitioner should consult full text of statute for additional prerequisites or requirements.)

 

2. Motion for new trial. A new trial or rehearing may be granted by a justice of the peace, except on trial by jury, upon motion made within ten (10) days after a judgment or final order has been made or rendered. A.C.A. § 16-19-613 (Repl. 1999). (Practitioner should consult full text of statute for additional prerequisites or requirements.)

 

L. LEMON LAW. An action brought under the Arkansas New Motor Vehicle Quality Assurance Act ("Lemon Law") must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. When the buyer has commenced an informal dispute settlement procedure described in A.C.A. § 4-90-414, the two-year period begins to run at the time the informal dispute settlement procedure is being commenced. A.C.A. § 4-90-416 (Repl. 2001).

 

M. MEDICAID FRAUD. A civil action under the Medicaid Fraud False Claims Act may not be brought more than five (5) years after the date on which the violation is committed. A.C.A. § 20-77-908 (Repl. 2001).

 

N. MINING CLAIM ON PUBLIC LANDS: ACTION AGAINST CLAIMANT. No person shall maintain an action against a claimant for the recovery of a mining claim unless the action is commenced within one (1) year after his right of action accrues. A.C.A. § 15-56-204 (Repl. 2001).

 

0. MORTGAGE LOAN BROKER: ADVANCE FEE LOAN. A person bringing an action concerning the prohibition against advance fee loan brokerage shall bring the action within one (1) year after any action brought by the Attorney General has been terminated or two (2) years, after the violation occurred, whichever is later. A.C.A. § 23-39-405 (RepL 2000).

 

P. MOTOR VEHICLES.

 

1. Accident reports. Subject to certain statutory exceptions, the driver of a vehicle of a type subject to registration under the motor vehicle laws of this state that is in any manner involved in an accident within this state, which accident has resulted in damage to the property of any person in excess of $500 or in bodily injury to or in the death of any person shall report the accident within thirty (30) days after the accident on an electronic or paper form approved by the Director of the Department of Finance and Administration. A.C.A. § 27-19-501 (Repl. 1994 & Supp. 2001).

 

2. Proof of insurance. For accidents requiring the filing of an accident report under this section, there shall be a presumption created that a motorist, who has failed to file or cause to be filed in his behalf within ninety (90) days of the date of accident a certificate proving he is insured in at least minimum insurance limits as required by law, is uninsured. A.C.A. § 27-19-503 (Repl. 1994).

Q. PENAL STATUTES. Actions on penal statutes shall be commenced within two (2) years after the offense has been committed or the cause of action has accrued. A.C.A. § 16-56-108 (1987).

 

R. PETROLEUM PRODUCTS: CANCELLATION OF FRANCHISE.

 

1. Action by dealer against distributor. Any action brought by a petroleum products dealer against a supplier or distributor for wrongful termination of a franchise shall be commenced within two (2) years after such wrongful termination. A.C.A. § 4-72-503 (Repl. 2001).

 

2. Action by distributor against supplier. Any action brought by a petroleum products distributor against a supplier for wrongful termination of a franchise shall be commenced within two (2) years after such wrongful termination. A.C.A. § 4-72-403 (Repl. 2001).

S. RAILROADS.

 

1. Killing or injuring livestock. Any person who owns livestock killed or wounded by any railroad trains running in this state may sue the company running such trains for the damages sustained by such killing or wounding within twelve (12) months after the killing or wounding occurred. A.C.A. § 23-12-909 (Repl. 2002).

 

2. Lien for labor and materials. A mechanics and materialmen's lien as provided for in A.C.A. § 18-44-401 shall not be effectual unless suit is brought upon the claim or unless the claim is filed by order of court with the receiver of said railroad within one (1) year after the claim has accrued. A.C.A. § 18-44-403 (1987).

 

3. Railroad freight transportation. All actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state for violations of its obligations in the transportation of freight shall be brought within one (1) year after the cause of action accrued or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. No railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state shall have a right of action against any person, firm, or corporation for violations of its obligations in the transportation of freight unless the suit is instituted within one (1) year of the violation. No action shall be brought after two (2) years from the time the right of action accrues. A.C.A. § 23-10-431(b) (Repl. 2001).

 

4. Rates, fares, and charges by utilities and regulated industries involved in transportation of persons or property. No action for damages against a utility or regulated industry involved in the transportation of persons or property for rates, fares, and charges which violates its statutory obligations concerning such rates, fares, or charges shall be sustained unless brought within one (1) year after the cause of action or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. A.C.A. § 23-4-705(c) (Repl. 2002).