Arkansas Statutes

§ 16-40-101 — Burden of proof

Arkansas § 16-40-101

This text of Arkansas § 16-40-101 (Burden of proof) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ark. Code Ann. § 16-40-101 (2026).

Text

(a)The party holding the affirmative of an issue must produce the evidence to prove it.
(b)The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side. Civil Code, §§ 578, 579; C. & M. Dig., §§ 4112, 4113; Pope's Dig., §§ 5121, 5122; A.S.A. 1947, §§ 28-101, 28-102.

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Related

Calhoun v. Calhoun
138 S.W.3d 689 (Court of Appeals of Arkansas, 2003)
10 case citations
Del Mack Construction, Inc. v. Owens
118 S.W.3d 581 (Court of Appeals of Arkansas, 2003)
3 case citations

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Bluebook (online)
Arkansas § 16-40-101, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/16-40-101.