Publisher's Notes. This section, concerning pleading, practice, and procedure in civil cases, was repealed by Acts 2003, No. 1185, § 69. The section was derived from Acts 1973, No. 38, §§ 1-6; 1979, No. 333, § 2; 1981, No. 312, § 3; A.S.A. 1947, §§ 22-245 — 22-249, 22-249n.
A.C.R.C. Notes. Acts 1991, No. 7, § 7, provided:
“The General Assembly recognizes that each judge of the Arkansas Court of Appeals incurs considerable expense in carrying out his or her responsibilities to the people of the State of Arkansas, including expenses for housing; the purchase and maintenance of an automobile; the acquisition, maintenance and equipping of a home-office where the judge can work nights, and other times when it is inappropriate or impractical to work in his or her regular office; for attending bar, civic and social meetings and in otherwise carrying out their responsibilities as judges of the Arkansas Court of Appeals; and that said judges should be entitled to an expense allowance to cover such expenses.
“The funds appropriated by Item (13) of Section 1 herein may be used by each judge of the Arkansas Court of Appeals to cover his expenses. The monthly allowance for fiscal year 1991-92 shall not exceed $550 per month and for fiscal year 1992-93 shall not exceed $550 per month.
“The amount prescribed herein shall be paid monthly upon vouchers submitted by such judges, with each such voucher to state only that it is for expenses incurred by such judge in carrying out his or her responsibilities to the people of the state as described herein.
“Upon receipt of each such voucher, the Auditor of State shall issue a warrant payable to the judge claiming such expense allowance and the State Treasurer is hereby authorized to pay the same from the funds appropriated for such purpose. The balance of the appropriation for housing and transportation which remains at the close of business of the fiscal year ending June 30, 1992, shall be carried forward into the fiscal year ending June 30, 1993, there to be used for the same purpose.”
Acts 1999, No. 889, §§ 1-4, provided:
“Section 1. At the November 2000 general election, the electors of each of the six (6) existing Court of Appeals districts created in accordance with Act 208 of 1979 shall elect an additional Court of Appeals judge from each district to begin office on January 1, 2001. The newly-elected judges shall each be elected to serve for four (4) years, or until such later date as the boundaries of the existing Court of Appeals districts are redefined and judges from those districts are elected.
“Section 2. The elected judges of the Court of Appeals now serving shall be designated as position 1 within their respective districts, and the new judges elected under this act shall be designated position 2 within their districts.
“Section 3. Those present judges of the court, who were appointed pursuant to Acts 11 and 15 of 1995 (First Extraordinary Session), shall be entitled to seek election at the November 2000 general election from the district in which they reside.
“Section 4. Except as provided in Section 1, members of the Court of Appeals shall serve eight (8) year terms.”
Effective Dates. Acts 1973, No. 231, § 6: Mar. 7, 1973. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that doubt and confusion exists as to the proper construction of existing statutes pertaining to the effective date of orders of the Arkansas Public Service Commission and with respect to the proper procedures to follow to obtain judicial review of such orders; that such doubt and confusion could lead to a miscarriage of justice through a technical failure to comply with these statutes as ultimately construed by the courts; and that enactment of this bill will resolve said doubt and confusion. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”
Acts 1979, No. 208, § 9: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the caseload of the Supreme Court has constantly risen, that the case filings have reached the point that the Court cannot adequately dispose of the appeals, and that the people of this State, through the passage of Amendment 58 to the Constitution of Arkansas, recognized the necessity for a Court of Appeals. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1979.”
Acts 1983, No. 410, § 5: Aug. 1, 1983.
Acts 1985, No. 665, § 5: July 1, 1985. Emergency clause provided: “There is hereby found and determined by the Seventy-Fifth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1985 is essential to the operation of the agency for which the appropriations in the Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1985 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”
Acts 1985, No. 770, § 4: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the practice of requiring circuit court judicial review of Public Service Commission orders works an undue hardship on the people of this State by creating undue delay in the final implementation of just and reasonable rates, and immediate correction of this hardship is necessary in order to preserve the public safety, health, peace, and general welfare of the State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1991, No. 959, § 6: Mar. 29, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the caseload of the Court of Appeals has risen so dramatically in recent years that it has created the potential for a severe backlog in the prompt decision of matters before the court. This act is necessary to alleviate this backlog particularly since the present normal term of the Court of Appeals would expire before this act would otherwise become effective. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1993, No. 1085, § 12: §§ 6-11 effective July 1, 1995.
Acts 1995, No. 1323, § 13: became law without Governor's signature. Noted Apr. 19, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that this act amends Arkansas Code Annotated § 16-12-101 and uncodified sections of Acts 1993, No. 1085; the judicial positions created by § 16-12-101 are to become effective July 1, 1995 and this act would delay the effect of Act 1085 until January 1, 1996; and that in the event of the extension of the regular session the delay in the effective date of this act beyond July 1, 1995 would work irreparable harm on the proper administration of this act. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1995 (1st Ex. Sess.), Nos. 11 and 15, § 7: Oct. 23, 1995, and Oct. 24, 1995, respectively. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that this act amends Uncodified Act 1085 of 1993 and is needed to provide for the appointment of additional Court of Appeals judges from the state of Arkansas since the 80th General Assembly meeting in regular session failed to prescribe new districts and irreparable harm to the proper administration of justice would result if this act is not given immediate effect. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1997, No. 113, § 6: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Judiciary and in its place established the House Interim Committee and Senate Interim Committee on Judiciary; that the Arkansas Code 21-9-203 refers to the Joint Interim Committee on Judiciary and should be corrected to refer to the House and Senate Interim Committees on Judiciary; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Am. Jur. 20 Am. Jur. 2d, Courts, § 16 et seq.
C.J.S. 21 C.J.S., Courts, § 319.
Ark. L. Notes.
Laurence, Four Observations and an Inquiry About the Practice and Frequency of Dissenting Votes by the Judges of the Arkansas Court of Appeals, 1994 Ark. L. Notes 89.
U. Ark. Little Rock L.J.
Heller, Survey of Civil Procedure, 3 U. Ark. Little Rock L.J. 172.
Heller and Sallings, Survey of Public Law, 3 U. Ark. Little Rock L.J. 296.
Stafford, Separation of Powers and Arkansas Administrative Agencies: Distinguishing Judicial Power and Legislative Power, 7 U. Ark. Little Rock L.J. 279.
Legislative Survey, Civil Procedure, 16 U. Ark. Little Rock L.J. 85.
Watkins, Division of Labor between Arkansas's Appellate Courts, 17 U. Ark. Little Rock L.J. 177.
Publisher's Notes. Because of the enactment of subchapter 2 of this chapter by Acts 2003, No. 1812, the existing provisions of this chapter have been designated as subchapter 1.