Ark. Code Ann. § 16-60-104 (2026)
Actions that shall be brought in Pulaski County
The following civil actions shall be brought in Pulaski County:
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- A civil action on behalf of the state, or which may be brought in the name of the state, or in which the state has or claims an interest, except as provided in § 16-106-101.
- However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;
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- A civil action brought by a state board, state commissioner, or state officer in his or her official capacity, or on behalf of the state, except as provided in § 16-106-101.
- However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;
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- A civil action against the state or a civil action against a state board, state commissioner, or state officer because of his or her or the state board's official acts.
- However, if a civil action could otherwise be brought in another county or counties under the venue laws of this state, including without limitation this subchapter, then the civil action may be brought either in Pulaski County or the other county or counties;
- A civil action brought against an organization that regulates extracurricular interscholastic activities in grades seven through twelve (7-12) in both public and private schools if the organization's main administrative office is located in Pulaski County; and
- Other civil actions required by law to be brought in Pulaski County.
History. Civil Code, § 90; Acts 1871, No. 48, § 1 [90], p. 219; A.S.A. 1947, § 27-603; Acts 2001, No. 806, § 1; 2003, No. 1185, § 190; 2011, No. 600, § 1; 2015, No. 830, § 2; 2017, No. 967, § 1.
Publisher's Notes. Acts 2001, No. 806, became law without the Governor's signature.
This section was formerly codified as § 16-60-103.
Amendments. The 2001 amendment inserted “except that if … county or counties; and” in (3).
The 2003 amendment, in (4), inserted “other,” substituted “required” for “now authorized” and deleted “the separate Court of Chancery of” preceding “Pulaski.”
The 2011 amendment added present (4) and redesignated former (4) as (5).
The 2015 amendment substituted “civil action” for “action” in the introductory language and in (2), (3), and (5); substituted “Pulaski County” for “the county in which the seat of government is situated” in the introductory language; redesignated former (3) as (3)(A) and (B); in (3)(B), substituted “However” for “except that” and “including without limitation” for “as provided in”; and made stylistic changes.
The 2017 amendment added (1)(B) and (2)(B); and made stylistic changes.
Case Notes
Actions Against Administrative Agency.
In a case in which respondents filed a lawsuit in White County, Arkansas, against the Arkansas Game and Fish Commission (AGFC), seeking an injunction enjoining the AGFC from leasing, conveying, encumbering, or otherwise transferring mineral rights to certain land, a writ of prohibition that was sought by the AGFC was not appropriate. Former § 16-60-101 (see now § 16-60-102) and former § 16-60-103 (see now this section) provided the circuit court with the authority to conclude that venue was proper in White County. Ark. Game & Fish Comm'n v. Mills, 371 Ark. 317, 265 S.W.3d 760 (2007).
Trial court erred in dismissing the property owners' action challenging the construction of a gas-well pad and access road for lack of venue where the owners had named the Arkansas Oil and Gas Commission as a defendant and asserted a constitutional due process claim, and thus the county in which the action was filed was an appropriate venue. Phifer v. Seeco, Inc., 2014 Ark. App. 211 (2014).
Actions Against State, Etc.
This section relates only to venue and not jurisdiction so that an action for a mandatory injunction to compel state commission to issue license to petitioner was maintainable in another county where improper venue was waived. Arkansas State Racing Comm'n v. Southland Racing Corp., 226 Ark. 995, 295 S.W.2d 617 (1956), superseded by statute as stated in, Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).
Action for mandatory injunction was a common law cause of action wherein venue by statute was in Pulaski County until waived by defendant's entering his appearance by filing demurrer. Arkansas State Racing Comm'n v. Southland Racing Corp., 226 Ark. 995, 295 S.W.2d 617 (1956), superseded by statute as stated in, Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).
Actions by State, Etc.
A foreign corporation authorized to do business in Arkansas is not recognized as having a local or county residence, and a suit brought in the name of the state against the corporation must be brought at the seat of government, which is in Pulaski County. Southwestern Bell Tel. Co. v. Roberts, 246 Ark. 864, 440 S.W.2d 208 (1969).
Other Legislation.
This section does not restrict the venue of a habeas corpus action which by § 16-112-102(a) is made coextensive with the state. State Dep't of Pub. Welfare v. Lipe, 257 Ark. 1015, 521 S.W.2d 526 (1975).