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21-6-403. Circuit court clerks — Uniform filing fees — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-6-403. Circuit court clerks — Uniform filing fees — Definition.
(a)(1) The uniform filing fees to be charged by the clerks of the circuit courts for initiating or reopening a cause of action in the circuit courts in the state shall be as prescribed in this section.
(2) No portion of the filing fees shall be refunded.
(b) The uniform filing fees are:
(1) For initiating a cause of action in the circuit court, including appeals $150.00
(2) For filing a mortgagee's or trustee's notice of default and intention to sell pursuant to § 18-50-104 140.00
(3) For reopening a cause of action in the circuit court 50.00
(4) For any cause of action which by court order is transferred from any district or circuit court to a circuit court 50.00.
(c) A fee shall not be charged or collected by the clerks of the circuit courts when the court, by order, pursuant to Rule 72 of the Arkansas Rules of Civil Procedure, allows an indigent person to prosecute a cause of action in forma pauperis.
(d) An initial filing fee shall not be charged for domestic violence petitions filed pursuant to § 9-15-201 et seq. Established filing fees may be assessed pursuant to § 5-26-310 and § 9-15-202(b) and (c).
(e)(1)(A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action.
(B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section.
(2) A fee shall not be charged or collected by the clerks of the circuit courts for reopening a cause of action in the circuit court under the foll
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-6-403
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:21-6-403
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2f2f66796a28b57e81ba98f8d21bba8727de15fe1e6c43f2716a728a7792147d
Source location: content.xml paragraph 5839
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21-6-403. Circuit court clerks — Uniform filing fees — Definition.
(a)(1) The uniform filing fees to be charged by the clerks of the circuit courts for initiating or reopening a cause of action in the circuit courts in the state shall be as prescribed in this section.
(2) No portion of the filing fees shall be refunded.
(b) The uniform filing fees are:
(1) For initiating a cause of action in the circuit court, including appeals $150.00
(2) For filing a mortgagee's or trustee's notice of default and intention to sell pursuant to § 18-50-104 140.00
(3) For reopening a cause of action in the circuit court 50.00
(4) For any cause of action which by court order is transferred from any district or circuit court to a circuit court 50.00.
(c) A fee shall not be charged or collected by the clerks of the circuit courts when the court, by order, pursuant to Rule 72 of the Arkansas Rules of Civil Procedure, allows an indigent person to prosecute a cause of action in forma pauperis.
(d) An initial filing fee shall not be charged for domestic violence petitions filed pursuant to § 9-15-201 et seq. Established filing fees may be assessed pursuant to § 5-26-310 and § 9-15-202(b) and (c).
(e)(1)(A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action.
(B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section.
(2) A fee shall not be charged or collected by the clerks of the circuit courts for reopening a cause of action in the circuit court under the following circumstances:
(A) Application is made for revocation of conditional release of insanity acquittees under § 5-2-316;
(B) An agreed order or an order of income withholding is presented to be filed, and a service of process is not required; or
(C) A party to the original cause of action for whom a judgment for monetary damages was entered attempts to enforce the monetary judgment by filing a pleading or through other court action, if the pleading is filed or court action is taken within twelve (12) months of issuance of the final judgment in the case.
(f) A county shall not authorize, and a circuit court clerk shall not assess or collect, any other filing fees than those authorized by this section unless specifically provided by state law.
(g) The circuit court may waive the filing fee in cases of involuntary admission upon a finding that the petition is being brought for the benefit of the respondent and it would be inequitable to require the petitioner to pay the fee.
(h) As used in this section, “circuit court clerk” means the circuit clerk and, with respect to probate matters, any county clerk who serves as ex officio clerk of the probate division of the circuit court.
(i)(1) When a statutory cause of action waives the payment of a filing fee, no other claim for relief shall be brought in that action.
(2) To assert another claim:
(A) A separate case shall be opened;
(B) A new case number shall be assigned; and
(C) A filing fee shall be assessed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-50-104. Prerequisites for foreclosure sale — Contents of notice of sale — Persons to receive notice.
(a) The trustee or mortgagee may not sell the trust property unless:
(1) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by subsection (b) of this section;
(2) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell; and
(3)(A)(i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by:
(a) The beneficiary or mortgagee; or
(b) A government agency if the beneficiary or mortgagee participates in the government agency's program.
(ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale.
(B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact.
(b) The mortgagee's or trustee's notice of default and intention to sell shall set forth:
(1) The names of the parties to the mortgage or deed of trust;
(2) A legal description of the trust property and, if applicable, the street address of the property;
(3) The book and page numbers where the mortgage or deed of trust is record
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-50-104
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 18-50-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-310. Costs.
(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.
(b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false.
(c)(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 — 5-26-305 or §§ 5-26-307 — 5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.
(2)(A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.
(B) Nothing in this section conflicts with or preempts any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.
(d) Nothing in this section conflicts with or preempts a provision of § 16-90-703.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-310
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 5-26-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-201. Petition — Requirements generally.
(a) All petitions under this chapter shall be verified.
(b) The petition shall be filed in the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served.
(c)(1) A petition for relief under this chapter may be filed in the circuit court.
(2) A petition for relief under this chapter may be filed in a pilot district court if the jurisdiction is established by the Supreme Court under Arkansas Constitution, Amendment 80, § 7, and if the cases are assigned to the pilot district court through the administrative plan under Supreme Court Administrative Order No. 14.
(d) A petition may be filed by:
(1) Any adult family or household member on behalf of himself or herself;
(2) Any adult family or household member on behalf of another family or household member who is a minor, including a married minor;
(3) Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or
(4) An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor.
(e)(1) A petition for relief shall:
(A) Allege the existence of domestic abuse;
(B) Disclose the existence of any pending litigation between the parties; and
(C) Disclose any prior filings of a petition for an order of protection under this chapter.
(2) The petition shall be accompanied by an affidavit made under oath that states the specific facts and circumstances of the domestic abuse and the specific relief sought.
(f) The petition may be filed regardless of whether there is any pending litigation between the parties.
(g) A person's right to file a petition, or obtain relief hereunder shall not
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-201
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 9-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-202. Filing fees.
(a)(1) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs.
(2) A claim or counterclaim for other relief, including without limitation divorce, annulment, separate maintenance, or paternity shall not be asserted in an action brought under this subchapter except to the extent permitted in this subchapter.
(b)(1) Established filing fees may be assessed against the respondent at the full hearing.
(2) Filing fees under this section shall be collected by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and shall be remitted on or before the tenth day of each month to the office of county treasurer for deposit to the county administration of justice fund.
(3) The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in § 16-10-307(b) and (c) during the previous month from the uniform filing fees provided for in § 21-6-403, the uniform court costs provided for in § 16-10-305, and the fees provided for in this section to the Administration of Justice Funds Section of the Department of Finance and Administration for deposit into the State Administration of Justice Fund.
(c)(1) The abused in a domestic violence petition for relief for a protection order sought under this subchapter shall not bear the cost associated with its filing or the costs associated with the issuance or service of a warrant and witness subpoena.
(2) This subsection does not prohibit a judge from assessing costs against a petitioner if the allegations of abuse are determined after a hearing to be false.
(d)(1)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-202
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 9-15-202. This identifies an authority to review, not proof of applicability.