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Ark. Code Ann. § 16-115-104

Hearings — Necessity — Time

Applied in 3 court decisions — leading case Jenkins v. Bogard (1998)

Most recently applied in Jenkins v. Bogard (December 1998)

Acts 1939, No. 54, § 6; A.S.A. 1947, § 33-106; Acts 1991, No. 582, § 1.

(1) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted.

(2) In the event a hearing is deemed necessary, the judge shall fix and announce a day of court to be held within forty-five (45) days from the date of application.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.