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Arkansas Code Annotated

Ark. Code Ann. § 4-75-603 (2026)

Statute of limitations

✓ current as of May 2026
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An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

History. Acts 1981, No. 439, § 6; A.S.A. 1947, § 70-1006.

Case Notes

In General.

Trial court did not err in dismissing plaintiff's complaint for misappropriation of trade secrets as the statute of limitations was three years under this section; the cause of action arose in January 1999, when defendant left plaintiff's employment, started a directly competing business and induced plaintiff's employees and customers to leave plaintiff's business, but the complaint was not filed until August 2002. Quality Optical of Jonesboro, Inc. v. Trusty Optical, L.L.C., 365 Ark. 106, 225 S.W.3d 369 (2006).

Defendants' motion to dismiss plaintiffs' claims for trade secret misappropriation under § 4-75-601, intentional interference with contractual relationships or business expectancies, fraud, unjust enrichment, and civil conspiracy was denied because there were fact issues as to whether plaintiffs' claims accrued within the applicable three-year statute of limitations set forth in this section and § 16-56-105 and whether the application of the doctrine of fraudulent concealment was appropriate, and further, plaintiffs' allegations were sufficient to withstand a motion to dismiss. Roach Mfg. Corp. v. Northstar Indus., 630 F. Supp. 2d 1004 (E.D. Ark. 2009).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2026 · leading case: Quality Optical of Jonesboro, Inc. v. Trusty Optical, L.L.C., 225 S.W.3d 369 (Ark. 2006).
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Quality Optical of Jonesboro, Inc. v. Trusty Optical, L.L.C., 225 S.W.3d 369 (Ark. 2006). · cites it 6× “Ark. Code Ann. § 4-75-603 sets out the statute of limitations relative to trade secret misappropriation, “An action for misappropriation must be brought within three (3) years after the misappropriation is discovered, or by the exercise of reasonable diligence, should have been…”
Ruth R. Remmel Revocable Trust v. Regions Fin. Corp., 255 S.W.3d 453 (Ark. 2007). · cites it 2× “1 Sec Ark. Code Ann. § 4-75-603 (Repl. 2001) (three years for misappropriation of trade secrets); Ark.”
Mountain Meadows Pet Prods., Inc. v. NT Consulting, LLC; Nathan Thomas; & Seth Kaufman (W.D. Ark. 2026). · cites it 3× “” Ark. Code Ann. § 4-75-603 ; 18 U.S.C. § 1836 (d); Mont.”
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