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Ark. Code Ann. § 16-58-106

Issuance and execution of process, writ, summons, etc., on Sunday or a holiday

Applied in 1 court decision — leading case 2023 Ark. App. 530 - James Robert MacOm, Individually and D/B/A Benson Home Repair And Christy Benson v. Peter P. Di Cresce and Delores Di Cresce, by and Through Their Powers of Attorney, Joy Christie Di Cresce and Juantia Di Cresce (2023)

Most recently applied in 2023 Ark. App. 530 - James Robert MacOm, Individually and D/B/A Benson Home Repair And Christy Benson v. Peter P. Di Cresce and Delores Di Cresce, by and Through Their Powers of Attorney, Joy Christie Di Cresce and Juantia Di Cresce (November 2023)

Civil Code, §§ 763-767; C. & M

(1) It shall be no objection to any process, writ, summons, affidavit, or order for a provisional remedy that it was issued, made, or is dated on a holiday nor shall it be an objection to any bond given by or for any party to an action or taken by an officer in the course of the action that it was made or is dated on any such day.

(2) A summons or order for a provisional remedy may be issued on any holiday, except Sunday. It may be issued on Sunday if an affidavit of the plaintiff or some other person is made to the effect that, unless it is issued on that day, there is reasonable cause to believe that it cannot be executed.

(3) An order of attachment or for the delivery of property or a writ of execution may be issued or executed on any holiday, including Sunday.

(4) A summons, subpoena, notice, order of arrest, or order of injunction may be executed on any holiday except Sunday. It may be executed on Sunday if the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the affiant believes, that the process cannot be executed after such holiday.

(5) The defendant shall have no privilege of exemption from the service of the process mentioned in subdivision (d)(1) of this section, except from an arrest by reason of his or her attendance at any muster, election, or order of survey or as a witness at any court or other place.

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.