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16-68-606. Fees upon commencement or dismissal.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-68-606. Fees upon commencement or dismissal.
(a) If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such person is able to pay part of the fees, costs, or security otherwise required, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action, provided that any such payment is not less than required under § 16-68-601. Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309.
(b) Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-68-606
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:16-68-606
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e7becd58b16ba0ec2d2bee6079eb6c4512b9b05a42cffbd53550bf559b568c6b
Source location: content.xml paragraph 28060
Stored source content
16-68-606. Fees upon commencement or dismissal.
(a) If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such person is able to pay part of the fees, costs, or security otherwise required, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action, provided that any such payment is not less than required under § 16-68-601. Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309.
(b) Furthermore, if the court dismisses the action for the reason that it lacks a justiciable issue, then the court may order the incarcerated person to pay reasonable attorney's fees pursuant to § 16-22-309.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-22-309. Attorney's fees in actions lacking justiciable issue.
(a)(1) In any civil action in which the court having jurisdiction finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or his attorney, the court shall award an attorney's fee in an amount not to exceed five thousand dollars ($5,000), or ten percent (10%) of the amount in controversy, whichever is less, to the prevailing party unless a voluntary dismissal is filed or the pleadings are amended as to any nonjusticiable issue within a reasonable time after the attorney or party filing the dismissal or the amended pleadings knew, or reasonably should have known, that he would not prevail.
(2) This section shall not apply to actions arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney's fees.
(b) In order to find an action, claim, setoff, counterclaim, or defense to be lacking a justiciable issue of law or fact, the court must find that the action, claim, setoff, counterclaim, or defense was commenced, used, or continued in bad faith solely for purposes of harassing or maliciously injuring another or delaying adjudication without just cause or that the party or the party's attorney knew, or should have known, that the action, claim, setoff, counterclaim, or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.
(c) In awarding attorney's fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceedings without written motion and with or without presentation of additional evidence. The judgment for attorney's fees, if any, s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-22-309
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 16-22-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-68-601. Amount of fees and costs.
(a) If an incarcerated person, defined for purposes of this subchapter as a person who has been convicted of a crime and is imprisoned for that crime or is being held in custody for trial or sentencing, files a civil action, the court shall order the incarcerated person to pay, as a partial payment of any court filing fees and court costs required by law, a first-time payment of twenty percent (20%) of the preceding six (6) months' income from the incarcerated person's inmate account as administered by the Division of Correction or the Division of Community Correction.
(b) The Division of Correction or the Division of Community Correction shall withdraw these moneys maintained in the account for payment of the filing fees and court costs and shall forward these moneys collected at such times as the moneys exceed ten dollars ($10.00) to the appropriate court clerk or clerks until the actual court fees are paid in full.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-68-601
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 16-68-601. This identifies an authority to review, not proof of applicability.