TABLE OF CONTENTS

PREFACE

1

CAVEAT

2

I.

IN GENERAL: STATUTES OF LIMITATIONS AND TIME-LIMITING RULES FOR CIVIL PROCEEDINGS

3

A. ACTIONS NOT OTHERWISE ADDRESSED.

3

B. COMPUTATION OF TIME.

3

1. In general.

3

2. Legal holidays.

3

3. Sundays.

3

C. DISABILITY.

3

D. NEW ACTION: FILING MANDATE.

4

E. NONRESIDENTS.

4

F. PRISONERS HELD OUTSIDE STATE: TIME FOR BRINGING ACTIONS.

4

G. SUSPENSION OF TIME.

4

1. Armed forces personnel.

4

2. Death of person entitled to sue.

4

3. Death of defendant.

4

4. Death of plaintiff.

4

5. Injunction.

5

6. "John Doe" tortfeasor pseudonym.

5

7. Person absconding from county.

5

8. Presumption of death.

5

II.

CIVIL PROCEDURE.

7

A. APPEAL.

7

1.

Time for filing notice of appeal.

7

2.

Time for filing notice of appeal - extension upon filing of certain motions.

7

3.

Time for filing notice of appeal - extension upon showing of failure to receive notice, judgment, decree,

or order.

7

4.

Time for filing notice of appeal - exception to general rule for election cases.

8

B. DEFENSES AND OBJECTIONS.

S

8

1.

Answer and responsive pleading.

2.

Motion for more definite statement.

8

3.

Motion to strike.

8

3.

Response to motions.

S

C. DEMAND FOR JURY TRIAL.

8

D. INTERROGATORIES: ANSWERS AND OBJECTIONS.

9

E. JUDGMENTS.

9

Default judgment.

9

2.

Offer of judgment.

9

3.

Relief from judgment.

9

4.

Stay of proceeding to enforce judgment.

9

5.

Summary judgment.

9

F. MOTION FOR NEW TRIAL.

10

1.

Motion for new trial.

10

2.

Supporting affidavits.

10

III.

COMMERCIAL LAW.

11

A. BANK DEPOSITS AND COLLECTIONS.

11

1.

In general.

11

2.

Warranties.

11

a. Presentment warranties.

11

b. Transfer warranties.

11

B. COMMERCIAL PAPER.

11

1.

Liability on instrument.

11

a. Accepted draft.

11

b:

Certificate of deposit.

11

c.

Certified check, teller's check, and traveler's check.

11

d.

Conversion, breach of warranty, and enforcement of duty.

12

e.

Note payable at a definite time.

12

f.

Note payable on demand.

12

g.

Unaccepted draft.

12

2.

Unauthorized signature or alteration.

12

3.

Warranties.

13

a.

Presentment warranties.

13

b.

Transfer warranties.

13

C.

SALES.

13

1.

Home solicitation.

13

a.

Return of payments and goods by seller.

13

b.

Right to cancel offer or contract by buyer.

13

c.

Time limit on return of goods by buyer.

13

2. Tax sales.

13

a. Attack on decree.

13

b. Contest of validity of sale.

13

c. Recovery from tax sale buyer.

14

IV.

CONTRACTS.

15

A.

CONTRACT FOR SALE OF GOODS.

15

B.

CONTRACT OR LIABILITY, EXPRESS OR IMPLIED.

15

C.

CONTRACTS IN WRITING.

15

D.

CONTRACTS NOT IN WRITING.

15

E.

DEFICIENCY IN DESIGN, CONSTRUCTION OR REPAIR.

15

1. Action in contract to recover damages.

15

2. Action in tort or contract to recover damages for personal injury or wrongful death.

16

3. Fraudulent concealment of a defect.

16

V.

CORPORATIONS AND OTHER BUSINESS ASSOCIATIONS.

17

A.

CORPORATIONS.

17

1.

In general.

17

a. Claims after notice of dissolution.

17

b. Claims under supervision.

17

2.

Nonprofit corporations.

17

a. Appeal from denial of reinstatement.

17

b. Foreign corporation: appeal of revocation of certificate of authority.

17

c. Known claims against dissolved nonprofit corporation.

17

d. Unknown claims against dissolved nonprofit corporation.

17

B.

LIMITED LIABILITY COMPANY.

18

1.

Appeal from secretary of state's refusal to file document.

18

2.

Known claims against dissolved limited liability company.

18

3.

Unknown claims against dissolved limited liability company.

18

VI.

CRIMINAL LAW.

19

A.

GENERALLY.

19

1.

When offense is committed.

19

2.

Tolling.

19

B.

APPEAL.

19

1.

Time and method of taking appeal.

19

a. Notice of appeal.

19

b. Time for ding.

19

i. Filing notice of appeal before the entry of judgment; extension of period for filing notice of appeal

following timely filing of post-trial motion.

19

ii. Filing notice of appeal before disposition of any post-trial motions; amending previously-filed notice

of appeal of grant or denial of post-trial motion.

20

c. Failure to pursue appeal.

20

d. Time extension when last day for action on Saturday, Sunday or holiday.

20

C.

FELONIOUS CONDUCT IN OFFICE BY PUBLIC SERVANT.

20

D.

FRAUD: CRIMINAL PROSECUTION AFTER DISCOVERY.

21

E.

JUVENILE CODE.

21

1. Appeal.

21

2. Arrest without warrant: times for action.

21

3. Detention hearing for delinquent.

21

4. Detention hearing for felony.

21

F. MANDATORY ATTENDANCE AT TRIAL OF EXPERT WITNESS FROM ARKANSAS STATE

CRIME LABORATORY.

21

G. MOTION TO SUPPRESS.

22

H. OFFENSES.

22

1. Felonies.

22

a. Murder.

22

b. Other felony offenses.

22

i. Class Y and Class A felonies.

22

ii. Class B, C, D, and unclassified felonies.

22

2. Misdemeanors.

22

3. Securities.

22

4. State tax law.

22

5. Violations.

22

I. POST-CONVICTION PROCEEDINGS AND RELIEF.

23

1. Conviction by plea of guilty or petitioner found guilty at jury trial and did not appeal the judgment of

conviction.

23

2. Appeal taken of the judgment of conviction.

23

3. State's response.

23

J. SPEEDY TRIAL.

23

1.

Defendant incarcerated for nine months.

23

2.

Defendant not brought to trial within twelve months.

23

K. TIME FOR FILING FORMAL CHARGE.

23

VII.

DEBTOR - CREDITOR LAW.

25

A. ABSCONDING DEBTOR.

25

1. Absconding to state.

25

2. Debtor absconding from county.

25

B. ARMED FORCES PERSONNEL.

25

C. ASSIGNMENTS: PROCEEDINGS TO CONTEST.

25

D.   ATTORNEYS' FEES.

25

1.

Claims for attorneys' fees.

25

2.

Claims for attorneys' fees by the State of Arkansas.

25

E.

ENFORCEMENT OF JUDGMENTS AND DECREES.

26

F.

LIENS.

26

1.

Artisans.

26

2.

Child support.

26

3.

Cleaners, launderers, dyers, tailors, hat renovators, and shoe repairmen.

26

4.

Cotton ginner's lien.

26

5.

Crop lien.

27

6.

Drain pipe lien.

27

7.

Electrical repairmen.

27

8.

Farm product processor's lien.

27

9.

Hospital lien.

27

10.

Judgment lien.

27

a. Civil cases - judgment as lien on land.

27

b. Criminal cases.

27

11. Laborers.

28

12. Livestock.

28

a. Enforcement of security interest in livestock.

28

b. Livestock care lien.

28

c. Livestock stud service lien.

28

13. Mechanics and materialmen.

28

14. Miners or quarry workers.

28

15. Occupant.

28

16. Tax deed holder.

28

17. Vendor's lien.

29

G.

MEDICAL SERVICES: COLLECTIONS.

29

VIII.

DECEDENTS' ESTATES.

31

A. ADMISSION OF WILL TO PROBATE.

31

B. APPOINTMENT OF PERSONAL REPRESENTATIVE.

31

C. CLAIMS AGAINST THE ESTATE.

31

1.

Claims in general.

31

a. Claim barred at time of decedent's death.

31

b. Claims barred when no administration commenced or no notice published.

31

c. Claims of known creditors and reasonably ascertainable creditors barred.

32

d. Contingent claim that becomes absolute.

32

e. Contingent claim not timely presented.

32

f. Extension of limitations in certain cases.

32

g. Improper distribution.

32

h. Liens not affected.

32

i. Statute of nonclaims.

32

j. Statute of nonclaims not affected by statutes of limitations.

33

k. Tort claims.

33

2.

Filing of claims presented to personal representative.

33

D.

DISCLAIMING INTEREST IN PROPERTY.

33

E.

ELECTION TO TAKE AGAINST THE WILL.

34

1 . Notice of spouse of right to elect.

34

2. Spouse's limitation for filing election.

34

F.

INVENTORY.

34

G.

OBJECTIONS TO ACCOUNTS.

34

H.

OBJECTION TO FOREIGN WILL.

34

I.

REVIVAL OF ACTION AGAINST THE PERSONAL REPRESENTATIVE.

34

J.

WILL CONTEST.

35

1.

Basis of contest is discovery of another will.

35

2.

Basis of contest is any ground other than discovery of another will.

35

a. Contestant given notice by means other than publication of hearing.

35

b. Contestant given notice in manner provided by A.C.A. § 28-40-11 and is not barred by

A.C.A. § 28-40-113(b)(2)(A).

35

c. Contestant not barred by A.C.A. § 28-40-113 but notice of admission of will to probate

proper and a copy served upon contestant.

35

d. Contestant not barred by A.C.A. § 28-40-11.3.

36

IX.

EMPLOYMENT AND LABOR LAW.

37

A.

UNEMPLOYMENT COMPENSATION.

37

1.

Determination of claims for benefits.

37

a. Appeal to appeal tribunal.

37

b. Petition for review by Court of Appeals.

37

c. Review by Board of Review.

37

2.

Determination of coverage.

37

a.

Appeal to Board of Review.

37

b.

Petition for review by Court of Appeals.

37

3.

Employer contribution assessment.

38

a.

Limitation.

38

b.

No limitation for tax evasion.

38

c.

Review by chancery court.

38

4.

Employer contribution rate.

38

a. Appeal to chancery court.

38

b. Determination and redetermination by director.

38

5.

State's recovery of unemployment benefits.

38

B.

WAGE DISCRIMINATION BETWEEN SEXES.

39

C.

WORKERS' COMPENSATION.

39

1.

Appeal.

39

2.

Failure to claim induced by fraud.

39

3.

Filing for additional compensation.

39

4.

Filing of claims.

40

a. Death.

40

b. Disability.

40

c. Occupational disease.

40

5.

Notice by employer.

40

6.

Notice to employer.

A0

a.

Hernia.

40

b.

Occupational disease.

40

7. Modification.

40

8. Tolling.

41

X.

FAMILY LAW.

43

A. ADOPTION: WITHDRAWAL OF CONSENT.

43

B. CHILI) SUPPORT.

43

1. Arrearages in support.

43

2. Choice of law.

43

3. Hearing to contest registration of order.

43

4. Petition for support.

43

5. Suspension of driver, occupation, professional or business license for failure to pay child support.

43

C. DOMICILE.

44

D. PATERNITY ACTIONS.

44

1. In general.

44

2. Challenging adjudication of paternity.

44

3. Rescinding voluntary acknowledgment of paternity.

44

XI.

PROPERTY LAW.

45

A. ARMED FORCES PERSONNEL.

45

B. LEASES.

45

1. Arrearages of rent.

45

2. Default under a lease contract.

45

3. Oral leases for farm lands.

45

C. REAL PROPERTY.

45

1. Adverse possession.

45

2. Dower and curtesy.

46

3. Ejectment.

46

a.

Action of ejectment.

46

b.

Limitation on mesne profits.

46

4. Entry upon land.

46

5. Escheated estate.

46

a. Escheat of real property.

46

b. Reclamation of escheated property.

46

6. Levee or drainage district: action for damages for appropriation of land.

46

7. Quiet title decree: setting aside.

46

8. Redemption.

47

a. Actions to recover land, tenements, or hereditaments.

47

b. Ejectment.

47

c. Entry upon land or tenements.

47

d. Execution of judgments on real estate.

47

e. Fire protection district taxes.

47

f. Forcible entry and detainer - unlawful detainer.

47

g. Life estates.

47

h. Municipal property owner's districts taxes.

48

i. Recovery of lands held under tax title.

48

j.        Recovery of lands sold at judicial sales generally.

48

k. Redemption of real property following foreclosure.

48

1. Right of judgment creditor to redeem.

49

m. Right-of-way districts.

49

n. Rights of persons under disability.

49

o. Road, drainage, levee, or other improvement districts.

49

p. Road improvement taxes.

49

D.

REPLEVIN.

49

E.

UNCLAIMED PROPERTY.

49

XII.

TAX LAW.

51

A.

ARKANSAS TAX PROCEDURE ACT. A.C.A. § 26-18-101 et seq.

51

1. Judicial relief for taxpayer.

51

2. Time limitations for assessments.

51

a. In general

51

b. Assessment after correction by Internal Revenue Service.

51

c. Agreement to extension of period in which assessment is to be filed.

52

d. Taxpayer understates tax due or underreports net taxable income.

52

  e. Fraudulent return or failure to file a report.

52

     3. Time limitations for collection.

52

    4. Time limitations for credit or refund.

52

D. ESTATE TAX LAW.

53

E. PERSONAL PROPERTY TAX.

53

1. Personal property tax: intangible property.

53

2. Personal property tax: tangible property.

53

F.

HOSPITAL AND MEDICAL SERVICES CORPORATION: REFUND OF PREMIUM TAX.

53

XIII.

TORTS.

55­

A.

ASSAULT.

55

B.

BATTERY.

55

C.

CONVERSION.

55

D.

CORPORATE EMPLOYEE.

55

E.

DEFICIENCY IN DESIGN, CONSTRUCTION, OR REPAIR.

55

1. Action in tort or contract to recover damages for personal injury or wrongful death.

55

2. Fraudulent concealment of a defect.

55

F.

FALSE IMPRISONMENT.

56

G.

LIBEL.

56

H.

MEDICAL INJURY.

56

1. In general.

56

2. Foreign objects.

56

3. Minors: age nine (9) or younger.

56

L

NEGLIGENCE.

56

J.

PRODUCTS LIABILITY.

56

K.

SEXUAL ABUSE.

56

L.

SLANDER.

57

M.

TRESPASS.

57

N.

WORDS SPOKEN SLANDERING CHARACTER OF ANOTHER.

57

O.

WORDS SPOKEN WHEREBY SPECIAL DAMAGES ARE SUSTAINED.

57

P.

UNCLASSIFIED TORTS.

57

Q.

WRONGFUL DEATH.

57

1. In general.

57

2. Medical malpractice.

57

a. In general.

57

b. Foreign objects.

57

c. Minors: age nine or younger.

57

XIV.

MISCELLANEOUS.

59

A.

ARBITRATION AND AWARD.

59

B.

BONDS.

59

1. Constable's bond.

59

2. Contractor's bond.

59

3. Contractor's bond: public works.

59

4. Contractor's bond: repair, alteration, or erection of religious or charitable organization's building.

59

5. Coroner's bond.

59

6. Executor / administrator's bond.

59

7. Sheriff's bond.

59

C.

COUNTIES.

60

1. Allowed claims.

60

2. Property sold contrary to law.

60

D.

ELECTION CONTESTS.

60

1. Appeal of election results.

60

2. Complaint by candidate to contest election.

60

a. Affidavit.

60

b. Answer.

60

3. Complaint by citizens of illegality.

60

4. Contest of state legislative offices.

60

a. State House of Representatives.

60

i.       Election contest.

60

ii.       Eligibility contest.

61

b. State Senate: eligibility, qualification, or election contest.

61

5. .Liquor vote contest.

61