Table of Contents

LibraryGuide to Arkansas Statutes of Limitations (2017 Ed.)

TABLE OF CONTENTS

DISCLAIMER ix

PREFACE 1

CAVEAT 3

I. IN GENERAL: STATUTES OF LIMITATIONS AND TIME-LIMITING RULES FOR

CIVIL PROCEEDINGS 4

A. ACTIONS NOT OTHERWISE ADDRESSED. 4

B. COMPUTATION OF TIME. 4

1. In general. 4
2. Legal holidays. 4
3. Sundays. 4

C. DISABILITY. 4

D. NEW ACTION: FILING MANDATE. 4

E. SUSPENSION OF TIME. 5

1. Armed forces personnel. 5
2. Death of person entitled to sue. 5
3. Death of defendant. 5
4. Death of plaintiff. 5
5. Injunction. 5
6. “John Doe” tortfeasor pseudonym. 5
7. Person absconding from county. 6
8. Presumption of death. 6

II. CIVIL PROCEDURE. 7

A. APPEAL. 7

1. Time for filing notice of appeal. 7
2. Time for filing notice of appeal – extension upon filing of certain motions. 7
3. Time for filing notice of appeal – extension upon showing of failure to receive notice,

judgment, decree, or order. 7

4. Time for filing notice of appeal – exception to general rule for election cases. 8

B. DEFENSES AND OBJECTIONS. 8

1. Answer and responsive pleading. 8
2. Motion for more definite statement. 8
3. Motion to strike. 8
4. Response to motions. 8

C. DEMAND FOR JURY TRIAL. 9

D. INTERROGATORIES: ANSWERS AND OBJECTIONS. 9

E. JUDGMENTS. 9

1. Default judgment. 9
2. Offer of judgment. 9
3. Relief from judgment. 9
4. Stay of proceeding to enforce judgment. 9
5. Summary judgment. 10

F. MOTION FOR NEW TRIAL. 10

1. Motion for new trial. 10
2. Supporting affidavits. 10

III. COMMERCIAL LAW. 11

A. BANK DEPOSITS AND COLLECTIONS. 11

1. In general. 11
2. Warranties. 11
a. Presentment warranties. 11
b. Transfer warranties. 11

B. COMMERCIAL PAPER. 11

1. Liability on instrument. 11
a. Accepted draft. 11
b. Certificate of deposit. 11
c. Certified check, teller’s check, and traveler’s check. 11
d. Conversion, breach of warranty, and enforcement of duty. 12
e. Note payable at a definite time. 12
f. Note payable on demand. 12
g. Unaccepted draft. 12
2. Unauthorized signature or alteration. 12
3. Warranties. 13
a. Presentment warranties. 13
b. Transfer warranties. 13

C. SALES. 13

1. Home solicitation. 13
a. Return of payments and goods by seller. 13
b. Right to cancel offer or contract by buyer. 13
c. Time limit on return of goods by buyer. 13
2. Tax sales. 13
a. Attack on confirmation of tax sale. 13
b. Contest of conveyance to purchaser 13
c. Recovery from tax sale buyer. 14

IV. CONTRACTS. 15

A. CONTRACT FOR SALE OF GOODS. 15

B. CONTRACT OR LIABILITY, EXPRESS OR IMPLIED. 15

C. CONTRACTS IN WRITING. 15

D. CONTRACTS NOT IN WRITING. 15

E. DEFICIENCY IN DESIGN, CONSTRUCTION OR REPAIR. 15

1. Action in contract to recover damages. 15
2. Action in tort or contract to recover damages for personal injury or wrongful death. 16
3. Fraudulent concealment of a defect. 16

V. CORPORATIONS AND OTHER BUSINESS ASSOCIATIONS. 17

A. CORPORATIONS. 17

1. Business Corporations – Incorporated on or before December 31, 1987, and that have

not elected to be governed by the Arkansas Business Corporations Act of 1987 17

a. Rights of dissenting shareholders. 17
b. Claims after notice of dissolution. 17
c. Claims under supervised liquidation. 17
2. Business Corporations – Incorporated after December 31, 1987, or pre-existing

corporations that have elected to be governed by the 1987 Act. 17

a. Appeal from Secretary of State’s refusal to file document. 17

b. Dissenting shareholder’s demand for payment for shares. 17

c. Judicial appraisal of shares after payment demand. 18

d. Known claims against dissolved corporaiton. 18

e. Unknown claims against dissolved corporation. 18

f. Reinstatement following administrative dissolution. 18

g. Appeal from denial of reinstatement. 18

h. Appeal from revocation of foreign corporation certificate of authority. 18

3. Nonprofit corporations. 18

a. Termination, expulsion, and suspension of members. 18

b. Known claims against dissolved nonprofit corporation. 19

c. Unknown claims against dissolved nonprofit corporation. 19

d. Reinstatement following administrative dissolution. 19

e. Appeal from denial of reinstatement. 19
f. Appeal from revocation of foreign nonprofit corporation certificate of authority. 19

B. LIMITED LIABILITY COMPANY. 19

1. Appeal from secretary of state’s refusal to file document. 19
2. Known claims against dissolved limited liability company. 19
3. Unknown claims against dissolved limited liability company. 20

VI. CRIMINAL LAW. 21

A. GENERALLY. 21

1. When offense is committed. 21
2. Tolling. 21

B. APPEAL - TIME AND METHOD OF TAKING APPEAL. 21

1. Notice of appeal. 21
2. Time for filing. 21
a. Filing notice of appeal before the entry of judgment; extension of period for filing notice

of appeal following timely filing of post-trial motion. 21

b. Filing notice of appeal before disposition of any post-trial motions; amending

previously-filed notice of appeal of grant or denial of post-trial motion. 22

3. Failure to pursue appeal. 22
4. Time extension when last day for action on Saturday, Sunday or holiday. 22

C. FELONIOUS CONDUCT IN OFFICE BY PUBLIC SERVANT. 22

D. FRAUD: CRIMINAL PROSECUTION AFTER DISCOVERY. 22

E. JUVENILE CODE. 23

1. Appeal. 23
2. Arrest without warrant: times for action. 23
3. Detention hearing for delinquent. 23
4. Detention hearing for felony. 23

F. MANDATORY ATTENDANCE AT TRIAL OF EXPERT WITNESS FROM

ARKANSAS STATE CRIME LABORATORY. 24

G. MOTION TO SUPPRESS. 24

H. OFFENSES. 24

1. Felonies. 24
a. Murder. 24
b. Other felony offenses. 24
i. Class Y and Class A felonies. 24
ii. Class B, C, D, and unclassified felonies. 24
2. Misdemeanors. 24
3. Securities. 25
4. State tax law. 25
5. Violations. 25

I. POST-CONVICTION PROCEEDINGS AND RELIEF. 25

1. Conviction by plea of
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