Ark. Code Ann. » Title 16 Chapter 112
Arkansas Code Annotated

Ark. Code Ann. § 16-112-113 (2026)

Denial, allegations, and amendment of return

✓ current as of May 2026
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  1. The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her discharge. The allegations or denials shall be on oath.
  2. The return and the allegations made against it may be amended, by leave of the court or judge before whom the writ is returned at any time, that thereby material facts may be ascertained.

History. Rev. Stat., ch. 73, art. 3, §§ 2, 3; C. & M. Dig., §§ 5109, 5110; Pope's Dig., §§ 6372, 6373; A.S.A. 1947, §§ 34-1726, 34-1727.

Case Notes

Constitutional Rights.

Petitioner's contention that, by refusing him habeas corpus, the state failed to provide him a clearly defined post conviction remedy by which claims of infringement of federal rights could be asserted was rejected where he could have asserted any alleged deprivation of his constitutional rights on appeal in the first instance. Mitchell v. State, 233 Ark. 578, 346 S.W.2d 201 (1961).

Cited: Hobbs v. Hodge, 2015 Ark. 207, 461 S.W.3d 704 (2015).

Notes of Decisions
Cited in 2 cases, 2013–2015 · leading case: Hobbs v. Hodge, 2015 Ark. 207 (Ark. 2015).
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Hobbs v. Hodge, 2015 Ark. 207 (Ark. 2015). · cites it 4× “” Ark. Code Ann. § 16-112-113 (a) (Repl. 2006).”
Hill v. State, 2013 Ark. 413 (Ark. 2013). “…Act (“FOIA”), as well as a pleading, filed October 2, 2012, entitled “Habeas; A.C.A. § 16-112- 103, § 16-112-109, § 16-112-113, § 16-112-118, § 16-112-122; Motion for A.C.A. § 12-12- 312 Order of the Court.” The circuit court denied appellant’s claims, and appellant timely…”
— Ark. Code Ann. § 16-112-113(a) — 1 case
Hobbs v. Hodge, 2015 Ark. 207 (Ark. 2015). “” Ark. Code Ann. § 16-112-113 (a) (Repl. 2006).”
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