Arkansas Code Annotated

Ark. Code Ann. § 16-60-109 (2020)

Actions against a public school district

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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A civil action, other than a civil action described in § 16-60-104 or a civil action for personal injury or death, against a public school district, a public school district board of directors, or a public school district's officer, agent, servant, or employee acting within the course and scope of his or her agency or employment shall be brought in the county or in the judicial district of the county in which the public school district is situated or has its principal office.

History. Acts 2013, No. 1315, § 2; 2015, No. 830, § 2.

Publisher's Notes. This section was formerly codified as § 16-60-119.

Amendments. The 2015 amendment substituted “civil action” for “action” twice and substituted “§ 16-60-104 or a civil action for personal injury or death” for “§ 16-60-103 or § 16-60-112.”

16-60-110 — 16-60-119. [Repealed.]

Publisher's Notes. As to repeal of these sections, see note at beginning of subchapter.

Subchapter 2 — Change of Venue

Cross References. Disqualification of judges, Ark. Const., Art. 7, § 20.

Justices of the peace, § 16-19-406.

Effective Dates. Acts 1875, No. 38, § 7: effective on passage.

Acts 1909, No. 192, § 2: effective on passage.

Acts 1909, No. 249, § 2: effective on passage.

Acts 2017, No. 967, § 4: Apr. 5, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas will benefit from immediate access to the most efficient venues for prosecution of litigation in which the state is a party. 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: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

ALR.

Change of venue justified by fact that large number of inhabitants of local jurisdiction have interest adverse to party to action. 10 A.L.R.4th 1046.

Venue change in action for malicious prosecution. 12 A.L.R.4th 1278.

Am. Jur. 18 Am. Jur. 2d, Contrib., § 39 et seq.

77 Am. Jur. 2d, Venue, § 50 et seq.

C.J.S. 92A C.J.S., Venue, § 145 et seq.

Case Notes

Applicability.

The sections set forth in this subchapter govern all proceedings for change in venue in civil cases. Arkansas State Hwy. Comm'n v. Heirs of Ring, 247 Ark. 170, 444 S.W.2d 705 (1969).

Notes of Decisions
Cited in 2 cases, 1990–1996 · leading case: Helm v. Mid-Am. Indus., Inc., 785 S.W.2d 209 (Ark. 1990).
Helm v. Mid-Am. Indus., Inc., 785 S.W.2d 209 (Ark. 1990). · cites it 3× “Venue Helm contends Mid-America’s action was one on an open account and thus the governing venue provision is Ark. Code Ann. § 16-60-111 (a) (1987) which requires that it be brought in the county of the defendant’s residence at the time the claim arose.”
Equity Fire & Cas. Ins. v. Coleman, 928 S.W.2d 796 (Ark. 1996). · cites it 2× “We have held the statute permitting a contract action against a nonresident foreign corporation to be brought in the county of the plaintiff’s residence, Ark. Code Ann. § 16-60-109 (1987), to be unconstitutional when the foreign corporation is one that has qualified to do…”
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