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16-55-214. Maximum appeal bond in civil litigation.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-214. Maximum appeal bond in civil litigation.
(a) Appeal bonds shall be determined under § 16-68-301 et seq., and Arkansas Rules of Appellate Procedure — Civil, Rule 8, except that the maximum appeal bond that may be required in any civil action under any legal theory shall be limited to twenty-five million dollars ($25,000,000), regardless of the amount of the judgment.
(b) If a party proves by a preponderance of the evidence that the party who has posted a bond in accordance with subsection (a) of this section is purposely dissipating or diverting assets outside of the ordinary course of its business for the purpose of evading ultimate payment of the judgment, the court may enter orders as are necessary to prevent dissipation or diversion, including requiring that a bond be posted equal to the full amount of the judgment.
(c) Notwithstanding the provisions of § 16-55-220, the maximum appeal bond for any cause of action brought under any legal theory shall be limited to twenty-five million dollars ($25,000,000), regardless of the amount of the judgment or the date the cause of action accrued, subject to the provisions of § 16-55-214(b).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-214
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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Stable record: arkansas_code:legal_authorities:16-55-214
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dbc468f95991928919b756fa9c3de69826274c09984557ab6ae2adbdc0cc4b83
Source location: content.xml paragraph 19787
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16-55-214. Maximum appeal bond in civil litigation.
(a) Appeal bonds shall be determined under § 16-68-301 et seq., and Arkansas Rules of Appellate Procedure — Civil, Rule 8, except that the maximum appeal bond that may be required in any civil action under any legal theory shall be limited to twenty-five million dollars ($25,000,000), regardless of the amount of the judgment.
(b) If a party proves by a preponderance of the evidence that the party who has posted a bond in accordance with subsection (a) of this section is purposely dissipating or diverting assets outside of the ordinary course of its business for the purpose of evading ultimate payment of the judgment, the court may enter orders as are necessary to prevent dissipation or diversion, including requiring that a bond be posted equal to the full amount of the judgment.
(c) Notwithstanding the provisions of § 16-55-220, the maximum appeal bond for any cause of action brought under any legal theory shall be limited to twenty-five million dollars ($25,000,000), regardless of the amount of the judgment or the date the cause of action accrued, subject to the provisions of § 16-55-214(b).
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-220. Applicability and severability.
(a) Section 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 shall apply to all causes of action accruing on or after March 25, 2003.
(b) Section 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 shall not apply to any action filed or cause of action accruing prior to March 25, 2003.
(c) If any provisions of Section 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 or the application of § 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of § 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 which can be given effect without the invalid provision or application, and to this end the provisions of § 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 are declared to be severable.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-220
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. The source passage cites 16-55-220. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-68-301. Persons required to give bond for costs — Deposit in lieu of bond — Dismissal of action for noncompliance.
(a) Before commencing an action, a plaintiff who is a nonresident of this state or a corporation other than a bank created by the laws of this state shall file in the clerk's office a bond, with sufficient surety and to be approved by the clerk, for the payment of all costs which may accrue in the action in the court in which it is brought or in any other court to which it may be carried, either to the defendant or to the officers of the courts.
(b) Instead of filing a bond, the plaintiff may deposit with the clerk of the court a sum of money sufficient to pay all costs that have accrued or will probably accrue in the action, subject to the sum's being increased at any time the court may deem necessary and by its order required.
(c) An action in which a bond for costs is required by subsection (a) of this section and has not been given shall be dismissed on the motion of the defendant at any time before the judgment, unless the bond is filed in a reasonable time to be allowed by the court after the motion is made therefor, securing all past and future costs. The action shall not be dismissed or abated if a bond for costs is given in such time as the court may allow.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-68-301
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. The source passage cites 16-68-301. This identifies an authority to review, not proof of applicability.