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23-61-111. Enforcement — Foreign decrees.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-61-111. Enforcement — Foreign decrees.
(a) As used in this section and § 23-61-110:
(1) “Foreign decree” means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and
(2) “Reciprocal state” means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by the courts located in other states or territories of the United States against any insurer incorporated or authorized to do business in the state or territory.
(b) The Insurance Commissioner shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of the states.
(c)(1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state.
(2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree shall treat the foreign decree in the same manner as a decree of a circuit court of this state.
(3) A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state. The decree is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner.
(d)(1) At the time of the filing of the foreign decree, the commissioner shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-111
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:23-61-111
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2cb3c6c4bfec173131c3d6e0fdb89cbd737d160207304a5a7eabc7ef2341d71b
Source location: content.xml paragraph 27910
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23-61-111. Enforcement — Foreign decrees.
(a) As used in this section and § 23-61-110:
(1) “Foreign decree” means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and
(2) “Reciprocal state” means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by the courts located in other states or territories of the United States against any insurer incorporated or authorized to do business in the state or territory.
(b) The Insurance Commissioner shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of the states.
(c)(1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state.
(2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree shall treat the foreign decree in the same manner as a decree of a circuit court of this state.
(3) A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state. The decree is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner.
(d)(1) At the time of the filing of the foreign decree, the commissioner shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner of this state and shall make a note of the mailing in the docket. In addition, the commissioner may mail a notice of the filing of the foreign decree to the defendant and file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the commissioner has been filed.
(3) No execution or other process for enforcement of a foreign decree filed pursuant to this section shall issue until thirty (30) days after the date the decree is filed.
(e)(1) If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.
(2) If the defendant shows the circuit court any ground upon which enforcement of a decree of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state.
(f) Any person filing a foreign judgment or decree shall pay to the clerk of the court the fee prescribed in § 21-6-402. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgment or decrees of the circuit court of this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-6-402. Circuit court clerks — Miscellaneous fees.
(a)(1) The fees to be charged by the clerks of the circuit courts for the following matters in the circuit courts in the state shall be as prescribed in this section.
(2) No portion of these fees shall be refunded.
(b) The fees shall be:
(1) For drawing and issuing, sealing any summons, subpoena $2.50
(2) For writs or executions 20.00
(3) For certificate and seal 5.00
(4) For making and preparing any transcript:
(A) Two dollars and fifty cents ($2.50) per page for the first one thousand (1,000) pages;
(B) Two dollars ($2.00) per page for pages one thousand one (1,001) through two thousand (2,000);
(C) One dollar and fifty cents ($1.50) per page for pages two thousand one (2,001) through three thousand (3,000);
(D) One dollar ($1.00) per page for pages three thousand one (3,001) through four thousand (4,000); and
(E) Fifty cents (50¢) per page for any page over four thousand one (4,001);
(5) For indexing each page .25
(6) For certifying costs 2.50
(7) For authentication certificate 5.00
(8) For filing an application for appointment to serve civil process under Supreme Court Administrative Order Number 20 140.00
(9) For filing a renewal of an appointment to serve civil process under Supreme Court Administrative Order Number 20 50.00.
(c) The fees to be charged by the circuit court clerks of this state to the Department of Finance and Administration shall be as follows:
(1) For filing a certificate of indebtedness issued by the Department of Finance and Administration 8.00
(2) For filing a release of a certificate of indebtedness 6.00
(3) For an execution on a certificate of indebtedness filed by the Department of Finance and Administration 10.00.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-6-402
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 21-6-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-61-110. Enforcement generally.
(a)(1)(A) The Insurance Commissioner may institute such suits or other legal proceedings as may be required for enforcement of any provisions of the Arkansas Insurance Code.
(B) In addition, the commissioner may intervene in any civil suit or administrative hearing initiated by another party against any person or entity regulated by the commissioner under the Arkansas Insurance Code, which suit or proceeding directly relates to the financial condition and solvency of such a person or entity.
(C) Nothing in this subsection shall be construed to limit the commissioner's authority as enumerated in other provisions of the Arkansas Insurance Code.
(2) If the commissioner has reason to believe that any person has violated any provision of the Arkansas Insurance Code for which criminal prosecution would be in order, he or she shall so inform the prosecuting attorney in whose district any purported violation may have occurred or the Criminal Investigation Division.
(3) If the commissioner finds that any person has violated any provision of the Arkansas Insurance Code, he or she may order restitution of actual losses to affected persons in addition to the denial, suspension, or revocation of any license or certificate or the imposition of any administrative or civil penalty.
(b) The commissioner may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the commissioner.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-110
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 23-61-110. This identifies an authority to review, not proof of applicability.