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16-19-408. Improper venue of action.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-19-408. Improper venue of action.
(a) Whenever an objection is made by a defendant in any action cognizable before a justice of the peace or a municipal court, instituted by summons or warrant, or in an action by an attachment, an action for the recovery of personal property, an action by provisional remedy, or in any criminal action or proceeding, that the action was brought before a justice of the peace or a municipal court wherein the venue is improper under the laws of the State of Arkansas, the court shall immediately hear proof on the question. If it is established by proof that the venue is improper, then all further proceedings shall be discontinued and the justice of the peace or clerk of the municipal court shall transmit to a justice of the peace or municipal court wherein the venue is proper all the original papers in the case, including the bail bond, if there is any.
(b) If the defendant is in custody, he shall be taken and delivered before the justice of the peace or the municipal court, and the bail, if any, shall be liable for the appearance of the defendant in the court to which the papers are transmitted.
(c) The court to which the papers are transmitted shall proceed to try the action in all respects as if the action had been originally brought to the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-408
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-19-408
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9cf40c918ffe96d828867305ae95ad3841fc89fdf19edde2e2e10ecc9f4a4d7f
Source location: content.xml paragraph 11056
Stored source content
16-19-408. Improper venue of action.
(a) Whenever an objection is made by a defendant in any action cognizable before a justice of the peace or a municipal court, instituted by summons or warrant, or in an action by an attachment, an action for the recovery of personal property, an action by provisional remedy, or in any criminal action or proceeding, that the action was brought before a justice of the peace or a municipal court wherein the venue is improper under the laws of the State of Arkansas, the court shall immediately hear proof on the question. If it is established by proof that the venue is improper, then all further proceedings shall be discontinued and the justice of the peace or clerk of the municipal court shall transmit to a justice of the peace or municipal court wherein the venue is proper all the original papers in the case, including the bail bond, if there is any.
(b) If the defendant is in custody, he shall be taken and delivered before the justice of the peace or the municipal court, and the bail, if any, shall be liable for the appearance of the defendant in the court to which the papers are transmitted.
(c) The court to which the papers are transmitted shall proceed to try the action in all respects as if the action had been originally brought to the court.
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