2016 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 5 - Civil Procedure Generally
Chapter 64 - Trial and Verdict
§ 16-64-109. [Superseded.]

AR Code ยง 16-64-109 (2016) What's This?

(a) Where an order for a provisional remedy has been made by a judge or justice in an action within the jurisdiction of his or her respective court and the order has been served or levied, the trial of the action or disposition of the order may take place at any time after five (5) days' notice to the defendant, without waiting for the regular term of the judge's or justice's court. The notice may be given by the officer at the time of serving the summons or levying the order.

(b) If the justice before whom the trial should be regularly had is sick, absent, or unable to act, the officer may return the case for trial before the most convenient magistrate.

(c) If it is made to appear satisfactorily to the judge or justice, by affidavit or other proof, that the defendant has left the county of his or her residence and is within the state, the judge or justice shall immediately enter on his or her docket an order requiring the defendant to appear within fifteen (15) days thereafter for the trial of the order and answer to the plaintiff's complaint, or that judgment will be entered against him or her, and his or her property sold to satisfy the judgment. The order shall be served by posting copies of it in four (4) conspicuous places in the county, one (1) of which shall be at the county seat.

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