§ 16-60-101 — Venue in circuit courts - General rules and exceptions

Arkansas § 16-60-101

• Jurisdiction: Arkansas
• Title: 16

Text

(a) A civil action other than a civil action mentioned in §§ 16-60-102 - 16-60-109 , 16-106-101 , and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties: (1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred; (2) (A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action. (B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or (3) (A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action. (B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action. (b) (1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action. (2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action. (c) In a civil action with multiple plaintiffs, venue shall be proper as to each named plaintiff joined in the civil action unless: (1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and (2) The existence of a substantial number of questions of law or material fact common to all the plaintiffs not only will arise in the civil action, but also that: (A) The common questions of law or material fact will predominate over individual questions of law or material fact pertaining to each plaintiff; (B) The civil action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (C) The interest of justice supports the joinder of the parties as plaintiffs in one (1) civil action. (d) (1) Unless venue objections are waived by the defendant or by unanimous agreement of multiple defendants, if venue is improper for any plaintiff joined in the civil action, then the claim of the plaintiff shall be severed and transferred to a court where venue is proper. (2) (A) If severance and transfer is mandated and venue is appropriate in more than one (1) court, a defendant sued alone or multiple defendants, by unanimous agreement, may select another court to which the civil action shall be transferred. (B) If there are multiple defendants who are unable to agree on another court, the court in which the civil action was originally filed may transfer the action to another court. (e) When venue is proper as to one (1) defendant, it is also proper as to any other defendant with respect to all causes of action arising out of the same transaction or occurrence. Civil Code, § 84; C. & M. Dig., § 1164; Pope's Dig., § 1386; A.S.A. 1947, § 27-601.

Legislative History

Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.