In re Arkansas Rules of Civil Procedure, 340 Ark. 731, 733 (2000). Although use of an exact reproduction of the form is not mandatory, a subpoena must include all information called for by the form.
Each district court in Arkansas has a division known as Small Claims Court. These courts are designed to allow individuals to settle certain disputes that are less than $5,000, while under relaxed rules of procedure and without attorneys.
This subdivision has been amended to allow service by this method on parties as well, but with the safeguard that the commercial delivery company be court-approved. Section 1-2-122 (b) of the Arkansas Code, which allowed service by “an alternative mail carrier,” has been deemed superseded.
Certain probate matters – such as will contests and adoptions – are “special proceedings” within the meaning of Rule 81 (a) and thus excepted from the Rules of Civil Procedure if a statute sets out a different procedure. E.g., Brantley v. Davis, 305 Ark. 68, 805 S.W.2d 75 (1991). Some juvenile matters may also be special proceedings. See Kelley v.
(g) (1) (A) A parent may withdraw consent to termination of parental rights within ten (10) calendar days after it was signed by filing an affidavit with the circuit clerk in the county designated by the consent as the county in which the termination of parental rights will be filed.
Factors Judges Use to Determine if a Parent is UnfitThe safety, health, and welfare of the child.Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner.A parent's history of substance abuse, including drugs and alcohol.More items...•
Can My Child Refuse to Visit? In most cases, no. There is no specific age in Arkansas when a child can refuse to visit with a non-custodial parent. However, Arkansas law does permit the court to consider the child's opinion on visitation if the child is of sufficient age and capacity to reason, regardless of age.
This new joint custody law, known as Act 604 in the legislature, went into effect in July of 2021. Under the new law, joint custody is now the default custody arrangement for all child custody orders. If one or both parents want a different arrangement – such as sole custody – they now have a higher standard to meet.
Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.
It is entirely up to you. If you and the other parent agree on the terms and conditions of your custody agreement, you can simply submit your plan to the court and the court will most likely accept it.
Father's Rights in Arkansas. Any parent of a child has a right to seek Arkansas custody and/or visitation, and this right is the same for both the child's father and mother. All parents, regardless of gender, have the right to a relationship with their child, and this right is enforced by state laws.
Arkansas law considers both parents equally when deciding who will get custody. The judge cannot favor the mother for custody just because she is the mother.
In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
If the parents were never married or aren't getting a divorce, either parent can petition (ask) the court for custody. To file for custody, you will need to draft (write) paperwork asking the court for custody. You will then need to file (turn in) that paperwork to the court, along with money to pay a filing fee.
There are two main ways parental kidnapping can occur: The parent violates a custody agreement and takes off with the child. There is no custody agreement in place, and one parent leaves with the child without consent from the other parent.
The small claims hearing is a process designed to provide each party with the full advantage of the law as a means of settling a minor legal dispute.
If a witness refuses to cooperate, you can obtain a subpoena from the court clerk. A subpoena is a command to appear at a certain time and at a certain place to give testimony on a certain matter. Remember, this is a court of law, so be courteous. Dress appropriately for the occasion.
If the plaintiff does not appear but the defendant does appear, the court may dismiss the plaintiff’s complaint and may enter default judgment on the counterclaim, if any , filed by the defendant. The defendant must be prepared to provide evidence and testimony to support his counterclaim.
It is important to give the exact legal name and address of the defendant, because the suit cannot proceed until the defendant has received notice of the suit. The amount of money being claimed or a description of the property to be recovered.
The defendant should file a written response, called an answer, to the plaintiff’s complaint. The answer should tell the defendant’s side of the story. If the defendant feels he has a claim against the plaintiff, the defendant may wish to file a counterclaim against the plaintiff.
Complaints are usually served in one of three ways: certified mail, by personal delivery of a summons by the sheriff or by personal delivery by some other person authorized to serve the civil process. The cost of serving the complaint upon the defendant is borne by the plaintiff.
Usually, the deadline is 30 days from the date the defendant receives the plaintiff’s Complaint. In some cases, the defendant may respond to the plaintiff’s complaint by appearing in court on the date of the hearing, even if the defendant has not filed a written response to the plaintiff’s complaint.
The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.
When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.
In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.
Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”
Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.
issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.
Lawyers who don’t live up to their ethical obligations can face discipline from a state board. Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule ...
By statute, the Rules of Civil Procedure apply to “all proceedings” in juvenile cases “until rules of procedure for juvenile court are developed and in effect,” except as otherwise provided by the juvenile code. Ark. Code Ann. §§ 9-27-325 (f).
Whenever under this rule or any statute service is required or permitted to be made upon a party represented by an attorney, the service shall be upon the attorney, except that service shall be upon the party if the court so orders or the action is one in which a final judgment has been entered and the court has continuing jurisdiction.
(1) For purposes of this rule, the term “process” means the summons and a copy of the complaint, which shall be served together. The plaintiff or the plaintiff’s attorney shall furnish the person making service with as many copies as are necessary.
Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff’s attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.
Whenever any rule or statute requires service upon any person, firm, corporation or other entity of notices, writs, or papers other than a summons and complaint, including without limitation writs of garnishment, such notices, writs or papers may be served in the manner prescribed in this rule for service of a summons and complaint. Provided, however, any writ, notice or paper requiring direct seizure of property, such as a writ of assistance, writ of execution, or order of delivery shall be made as otherwise provided by law.
The judge may permit papers or pleadings to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. If the judge permits filing by facsimile transmission, the provisions of subdivision© (2) of this rule shall apply.
Failure to make proof of service, however, shall not affect the validity of service.
The state or plaintiff will argue first; then the defendant; and then the state or plaintiff may make a final statement. The case is submitted to the jury for deliberations. In a civil case, you will determine if the defendant is liable.
Each juror should start the discussion with an open mind and should freely express his or her opinions. You each have different life experiences, levels of education, and viewpoints. Do not be afraid to say what you think or to change your mind based on the discussion in the jury room..
After the defense rests their case, the plaintiff may then present more evidence to disprove any new evidence presented by the defendant and not covered by the plaintiff's witnesses. When the plaintiff and defendant have both rested, the instruction phase of the trial begins.
Opening statements (plaintiff or state goes first) The plaintiff or state puts on its case first. The defense puts on its case. In a criminal trial, it is not unusual if the defense does not call any witnesses or that the defendant does not testify. The plaintiff or state may rebut the defense’s case.
In a criminal case, if you find the defendant guilty, there will be a second phase of the trial where you will decide what the sentence should be. The judge will then decide whether or not to accept the jury’s recommended sentence.
After the jury has been selected and sworn, the trial proceedings advance in stages. You are allowed to take notes during the trial. Each trial, civil or criminal, has distinct parts that usually follow the same order. Opening statements (plaintiff or state goes first)
The instructions tell you what the law is so that when you decide what the facts are you can apply those facts to the law. After the judge reads the instructions, the attorneys for each side make their closing arguments. They will talk about the evidence and tell you how the evidence fits their theories of the case.
In Arkansas, misdemeanors generally carry a 1-year statute of limitations. Felonies are more varied, with no time limit for many felonies. There is a 6-year limit for Class Y and A felonies, and a 3-year limit for Class B, C, D, and unclassified felonies.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Some people worry that if their marriage is annulled, the paternity of their children will be called into question. This is technically true. Because an annulled marriage has no validity, it's as though the children born of the "marriage" were born to single parents. However, this is really a technical distinction without much of a practical impact because Arkansas law requires the court which decides the annulment to also decide custody and financial support of the children, despite the fact that the annulled marriage was never valid.
There are only four possible reasons a court might grant an annulment: Either of the parties to the marriage is now or was incapable from "want of age" (meaning, too young) to consent to the marriage.
Even if the "defendant" (party opposing the annulment) doesn't answer the complaint or appear at the court hearings, the plaintiff must show up and present enough evidence to support the annulment request. This may mean that the plaintiff has to testify.
However, this is really a technical distinction without much of a practical impact because Arkansas law requires the court which decides the annulment to also decide custody and financial support of the children, despite the fact that the annulled marriage was never valid.
For instance, if a person who married while underage later applies for an annulment on the basis of youth, but does so after reaching the age of majority, it is possible that a judge will reject the claim.
You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.
Therefore, in Arkansas, couples going through an annulment must separate their own property, including both assets and debts. Neither party can receive permanent alimony or receive survivorship benefits from the other party after the annulment is completed.
Arkansas delays starting the time clock, up to a maximum of three years, if discovery of fraud was not reasonably possible at the time the fraud was committed. For motor vehicle insurance fraud involving an intentional accident, the extension goes up to a maximum of 10 years.
Courts around the country have issued orders temporarily closing courthouses, suspending jury trials, and creating temporary rules. Some of these rules extend criminal court deadlines (including speedy trial deadlines), and a few states have suspended criminal statutes of limitations.
In Arkansas, the statute of limitations doesn't run while the defendant is absent from the state or has no place of abode or work in the state, for up to three years.
The general time limits are: six years for Class Y and A felonies. three years for Class B, C, or D ...
Statutes of limitations are confusing to say the least. In addition to identifying the time limit applicable to a specific crime, one must navigate exceptions, exclusions, extensions, court interpretations, and legislative changes. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.
States have different statutes of limitations for civil cases and criminal cases. Common examples of civil actions include personal injury claims, medical malpractice, and breach of contract. Generally, time limits on civil actions range from one to ten years.
Misconduct in Public Office. A concealed offense involving felonious conduct by a public servant can be prosecuted within five years after: the person leaves office or employment or the offense is discovered or should have been discovered. The maximum extension is 10 years from when the misconduct occurred.