Browse Arkansas Code titles and sections
5-68-408. Order to show cause.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-408. Order to show cause.
(a) Upon the filing of the complaint described in § 5-68-407, the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination.
(b) If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the circuit court shall dismiss the complaint.
(c) If the circuit court finds probable cause to believe the mailable matter to be obscene, it shall issue an order to show cause why the mailable matter shall not be adjudicated obscene, returnable not less than ten (10) days after the order's service, directed against the mailable matter by name or description and directing the service of a copy of the order, together with a copy of the complaint upon the mailable matter and upon each of the respondents named in the complaint.
(d) Service of the order shall be made upon the mailable matter at its place of publication or its editorial offices as shown in the order.
(e) Service of the order or any copy of the order may be made in any manner provided by law, and in case of mailable matter published or edited outside of the State of Arkansas and of any nonresident respondent, by registered or certified mail directed to the mailable matter of the respondent to be served at the address shown in the complaint.
(f) Proof of the mailing is deemed to be prima facie evidence of service of the order or a copy of the order upon the mailable matter or any respondent for the purposes of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-408
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-68-408
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ed23201d552df0ebc4fa99cb7d35b1d5d046aec64e2459acb9600415af8760f3
Source location: content.xml paragraph 28298
Stored source content
5-68-408. Order to show cause.
(a) Upon the filing of the complaint described in § 5-68-407, the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination.
(b) If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the circuit court shall dismiss the complaint.
(c) If the circuit court finds probable cause to believe the mailable matter to be obscene, it shall issue an order to show cause why the mailable matter shall not be adjudicated obscene, returnable not less than ten (10) days after the order's service, directed against the mailable matter by name or description and directing the service of a copy of the order, together with a copy of the complaint upon the mailable matter and upon each of the respondents named in the complaint.
(d) Service of the order shall be made upon the mailable matter at its place of publication or its editorial offices as shown in the order.
(e) Service of the order or any copy of the order may be made in any manner provided by law, and in case of mailable matter published or edited outside of the State of Arkansas and of any nonresident respondent, by registered or certified mail directed to the mailable matter of the respondent to be served at the address shown in the complaint.
(f) Proof of the mailing is deemed to be prima facie evidence of service of the order or a copy of the order upon the mailable matter or any respondent for the purposes of this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-68-407. Complaint.
(a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter.
(b) The complaint shall:
(1) Be directed against the mailable matter by name or description;
(2) Allege the mailable matter's obscene nature;
(3) Designate as respondents and list the names and addresses, if known, of the mailable matter's author, publisher, and any other person sending or causing it to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting, or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
(4) Pray for an adjudication that the mailable matter is obscene;
(5) Pray for a permanent injunction against any person sending or causing the mailable matter to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting, or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and
(6) Pray for the mailable matter's surrender, seizure, and destruction.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-68-407
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 5-68-407. This identifies an authority to review, not proof of applicability.