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16-60-101. Venue in circuit courts — General rules and exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-60-101. Venue in circuit courts — General rules and exceptions.
(a) A civil action other than a civil action mentioned in §§ 16-60-102 — 16-60-109, 16-106-101, and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties:
(1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred;
(2)(A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action.
(B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or
(3)(A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action.
(B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action.
(b)(1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action.
(2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.
(c) In a civil action with multiple plaintiffs, venue shall be proper as to each named plaintiff joined in the civil action unless:
(1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and
(2) The existence of a substantial number
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-60-101
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:16-60-101
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bc00ede4b7eb703864ed61818966049b32f5e29e326e46f268a92d1d165491f0
Source location: content.xml paragraph 22173
Stored source content
16-60-101. Venue in circuit courts — General rules and exceptions.
(a) A civil action other than a civil action mentioned in §§ 16-60-102 — 16-60-109, 16-106-101, and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties:
(1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred;
(2)(A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action.
(B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or
(3)(A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action.
(B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action.
(b)(1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action.
(2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.
(c) In a civil action with multiple plaintiffs, venue shall be proper as to each named plaintiff joined in the civil action unless:
(1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and
(2) The existence of a substantial number of questions of law or material fact common to all the plaintiffs not only will arise in the civil action, but also that:
(A) The common questions of law or material fact will predominate over individual questions of law or material fact pertaining to each plaintiff;
(B) The civil action can be maintained more efficiently and economically for all parties than if prosecuted separately; and
(C) The interest of justice supports the joinder of the parties as plaintiffs in one (1) civil action.
(d)(1) Unless venue objections are waived by the defendant or by unanimous agreement of multiple defendants, if venue is improper for any plaintiff joined in the civil action, then the claim of the plaintiff shall be severed and transferred to a court where venue is proper.
(2)(A) If severance and transfer is mandated and venue is appropriate in more than one (1) court, a defendant sued alone or multiple defendants, by unanimous agreement, may select another court to which the civil action shall be transferred.
(B) If there are multiple defendants who are unable to agree on another court, the court in which the civil action was originally filed may transfer the action to another court.
(e) When venue is proper as to one (1) defendant, it is also proper as to any other defendant with respect to all causes of action arising out of the same transaction or occurrence.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-106-101. Actions generally.
(a) All actions in favor of and in which the state is interested shall be brought in the name of the state and shall be prosecuted by the prosecuting attorney.
(b) All actions by or against the state shall be prosecuted and defended, proceeded in, and conducted to final judgment in the same manner as actions by and against individuals.
(c) Precedence shall be given, in all courts, to actions or other proceedings in which the state is a party, over any other business of the court.
(d) All actions for debts due the State of Arkansas, all actions in favor of any state officer, state board, or commissioner, in their official capacity, all actions which are authorized by the provisions of the Code of Practice in Civil Cases or by law to be brought in the name of the state, and all actions against the board, commissioner, or state officer for or on account of any official act done or omitted to be done shall be brought and prosecuted in the county where the defendant resides.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-106-101
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 16-106-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-60-102. Local actions.
A civil action for the following causes shall be brought in the county in which the subject of the civil action, or some part of the civil action, is situated:
(1) The recovery of real property, or of an estate or interest in real property;
(2) The partition of real property;
(3) The sale of real property under a mortgage, lien, or other encumbrance or charge; and
(4) An injury to real property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-60-102
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 16-60-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-60-109. Actions against a public school district.
A civil action, other than a civil action described in § 16-60-104 or a civil action for personal injury or death, against a public school district, a public school district board of directors, or a public school district's officer, agent, servant, or employee acting within the course and scope of his or her agency or employment shall be brought in the county or in the judicial district of the county in which the public school district is situated or has its principal office.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-60-109
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 16-60-109. This identifies an authority to review, not proof of applicability.