Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.
A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts.
It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.
For the purposes of this section:
“Childhood sexual abuse” means sexual abuse which occurred when the injured person was a minor;
“Minor” means a person of less than eighteen (18) years of age; and
“Time of discovery” means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.
“This act is applicable to all actions filed on or after the effective date of the act [August 13, 1993].”
Research References
U. Ark. Little Rock L.J.
Legislative Survey, Civil Procedure, 16 U. Ark. Little Rock L.J. 85.
Cross References.
Persons under disabilities at time of accrual of action, § 16-56-116.
Subchapter 2
— Uniform Conflict of Laws Limitations Act
16-56-201 — 16-56-210. [Repealed.]
Publisher's Notes.
This subchapter, concerning uniform conflicts of laws forms of action, was repealed by Acts 1999, No. 310, § 1. The subchapter was derived from the following sources:
Publisher's Notes.
This chapter, concerning forms of action, was repealed by Acts 2003, No. 1185, § 189. The chapter was derived from the following sources:
16-57-101. Civil Code, § 3; C. & M. Dig., § 1033; Pope's Dig., § 1235; A.S.A. 1947, § 27-204.
16-57-102. Civil Code, § 13; C. & M. Dig., § 1047; Pope's Dig., § 1249; A.S.A. 1947, § 27-215.
16-57-103. Civil Code, § 4; C. & M. Dig., § 1034; Pope's Dig., § 1236; A.S.A. 1947, § 27-205.
16-57-105. Civil Code, § 12; C. & M. Dig., § 1043; Pope's Dig., § 1245; A.S.A. 1947, § 27-211.
16-57-106. Civil Code, § 10; C. & M. Dig., § 1045; Pope's Dig., § 1247; A.S.A. 1947, § 27-212.
16-57-107. Civil Code, § 11; C. & M. Dig., § 1046; Pope's Dig., § 1248; A.S.A. 1947, § 27-213.
16-57-108. Civil Code, § 14; C. & M. Dig., § 1048; Pope's Dig., § 1250; A.S.A. 1947, § 17-214.
16-57-109. Civil Code, § 6; C. & M. Dig., § 1036; Pope's Dig., § 1238; A.S.A. 1947, § 27-207.
Chapter 58
Commencement Of Action — Process
Publisher's Notes.
Some provisions of this chapter may be superseded by the Arkansas Rules of Civil Procedure and Rules for Inferior Courts [now District Courts] pursuant to the Supersession Rule adopted by the Supreme Court of Arkansas in its order of December 18, 1978.
Cross References.
Uniform Interstate and International Procedure Act, §§ 16-4-101 — 16-4-108.
Acts 1871, No. 48, § 1 [890]: effective 90 days after passage.
Acts 1875, No. 77, § 53: effective on passage.
Acts 1877, No. 56, § 2: effective on passage.
Acts 1901, No. 106, § 2: effective on passage.
Acts 1915, No. 290, § 24: June 1, 1915.
Acts 1931, No. 42, § 2: approved Feb. 18, 1931. Emergency clause provided: “In view of the fact that a large number of banks in the state are now in the process of liquidation and many actions will be commenced in the courts of this state in which the state bank commissioner will be a necessary party and delay will be occasioned by obtaining service of process on the state bank commissioner in person, an emergency is ascertained and declared to exist and this act shall be in full force and effect from and after its passage.”
Acts 1935, No. 70, § 3: became law without Governor's signature, Feb. 26, 1935. Emergency clause provided: “Whereas many motor buses, coaches and trucks are being operated upon the public highways of this state and by reason of their operation persons are being injured and their property damaged and in many instances there is now no agent of the owner or operator of such vehicles upon whom service of summons can be had in counties through which same are being operated, therefore an emergency exists on account of such injuries and damages to persons and property and no adequate provisions for service of summons existing, it is found that this act is necessary for the immediate preservation of the public peace, health and safety, and an emergency is hereby declared to exist, and this act shall be in full force and effect from and after passage.”
Acts 1947, No. 347, § 6: Mar. 28, 1947. Emergency clause provided: “Whereas many nonresident persons, firms, partnerships and corporations are not now qualified under the Constitution and laws of this State to do business herein and by reason of operating business in and through the State of Arkansas injury and damage are being done to persons and property within said State; and whereas in cases of such injury and damage by such nonresident defendants those suffering damages thereby have no convenient method by which they may sue to enforce their rights, if any, in the State of Arkansas, and this act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval.”
Acts 1960 (Ex. Sess.), No. 11, § 2: Jan. 21, 1960. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that undue hardships are placed upon many victims of accidents involving nonresident motorists in that many of them are unable to make bond for costs when effecting service of process as plaintiffs in actions brought against such nonresidents, thereby preventing them from having their rights litigated in court. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force on and after the date of its passage and approval.”
Acts 1997, No. 969, § 5: Mar. 31, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas Code 16-58-106(c) permits an order of attachment or order for delivery of property to be issued or executed on Sunday only under very limited circumstances; that this provision is unfair to judgment creditors in that failure to issue or execute such order on Sunday may result in the property being concealed or removed from the jurisdiction; that this act is designed to permit the issuance and execution of such orders on any day including Sunday without restrictions and should be given effect immediately to protect judgment creditors in the state. 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.”
Research References
ALR.
In personam jurisdiction over nonresident based on ownership, use, possession, or sale of real property. 4 A.L.R.4th 955.
In personam jurisdiction under long-arm statute of nonresident banking institution. 9 A.L.R.4th 661.
Validity of substituted service of process upon liability insurer of unavailable tortfeasor. 17 A.L.R.4th 918.
In personam jurisdiction, under long-arm statute, over nonresident attorney in legal malpractice action. 23 A.L.R.4th 1044.
In personam jurisdiction, under long-arm statute, over nonresident physician, dentist, or hospital in medical malpractice action. 25 A.L.R.4th 706.
Religious activities as doing or transaction of business under long-arm statutes or rules of court. 26 A.L.R.4th 1176.
Bringing action to trial or other activity sufficient to avoid dismissal under statute or court rule. 32 A.L.R.4th 840.
C.J.S.
72 C.J.S., Process, § 1 et seq.
Notes of Decisions
Cited in 15
cases (10 in the last 5 years), 1996–2026 · leading case: Barre v. Hoffman, 2009 Ark. 373, 326 S.W.3d 415.
Barre v. Hoffman, 2009 Ark. 373, 326 S.W.3d 415. · cites it 10דHe also argues that Arkansas Code Annotated section 16-56-130 (Supp.2003) codified the common law, and that this court should adopt the analysis in Phillips v.”
Miller v. Subiaco Academy, 386 F. Supp. 2d 1025 (W.D. Ark. 2005). · cites it 13ד§ 16-56-130 A.C.A. § 16-56-130 provides: (a) Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured…”
S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996). “140 (1994); Ark.Code Ann. § 16-56-130 (Michie Supp.1995); Cal.”
Sv v. Rv, 933 S.W.2d 1 (Tex. 1996). “140 (1994); Ark.Code Ann. § 16-56-130 (Michie Supp.1995); Cal.”
Sinclair v. Cabot Arkansas Sch. Dist., No. 4:21-cv-00420 (E.D. Ark. Jan. 25, 2022). · cites it 7דPlaintiff, as Defendants anticipated, relies on Ark. Code Ann. §16-56-130 (a) to argue that her claims are not barred by the statute of limitations.”
McCarthy v. Calvary Baptist Ministries, Inc., No. 5:24-cv-05010 (W.D. Ark. Aug. 27, 2025). · cites it 5דPlaintiff, however, relies on two provisions to extend or toll the statute of limitations: (1) the “delayed discovery statute,” Ark. Code Ann. § 16-56-130 ; and (2) the “Justice for Vulnerable Victims of Sexual Abuse Act” (“Victims Act”), Ark.”
Does v. Presley, No. 3:23-cv-00230 (E.D. Ark. Feb. 5, 2026). · cites it 3דArk. Code Ann. § 16-56-130 (a)-(c)(3). _5- In recent years, the General Assembly enacted and amended Ark.”
Does, No. 3:24-cv-00003 (E.D. Ark. Feb. 5, 2026). · cites it 3דArk. Code Ann. § 16-56-130 (a)-(c)(3). _5- In recent years, the General Assembly enacted and amended Ark.”
Does, No. 3:24-cv-00012 (E.D. Ark. Feb. 5, 2026). · cites it 3דArk. Code Ann. § 16-56-130 (a)-(c)(3). _5- In recent years, the General Assembly enacted and amended Ark.”
Does v. Presley, No. 3:23-cv-00230 (E.D. Ark. Mar. 17, 2025). · cites it 2דArk. Code Ann. § 16-56-130 (a). After the hearing, the plaintiffs moved to amend their complaint to plead facts showing that some of their state claims may be timely under this statute.”
Does v. Presley, No. 3:24-cv-00003 (E.D. Ark. Mar. 17, 2025). · cites it 2דArk. Code Ann. § 16-56-130 (a). After the hearing, the plaintiffs moved to amend their complaint to plead facts showing that some of their state claims may be timely under this statute.”
Sinclair v. Cabot Arkansas Sch. Dist., No. 4:21-cv-00420 (E.D. Ark. Jan. 25, 2022). “Plaintiff, as Defendants anticipated, relies on Ark. Code Ann. §16-56-130 (a) to argue that her claims are not barred by the statute of limitations.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.