Arkansas Code Title 5. Criminal Offenses § 5-68-412. Injunctions--Requirements--Enforceability
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(a) Any order granting an injunction shall:
(1) Set forth the reasons for its issuance;
(2) Be specific in terms;
(3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and
(4) Be binding only upon the respondents to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation by contract or arrangement with the respondents that receive actual notice of the order by personal service or otherwise.
(b) A copy of any order of the circuit court in finding any matter to be obscene and any order of injunction issued in regard to the matter shall be served upon all persons, and in the same manner, as is provided in § 5-68-408.
(a) Any person who proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, does not thereby waive any right of arbitration the person may have pursuant to a written agreement to arbitrate, if, in filing an action to enforce the claim of lien, the claimant does either of the following:
(1) Includes an allegation in the complaint that the claimant does not intend to waive any right of arbitration, and intends to move the court, within 30 days after service of the summons and complaint, for an order to stay further proceedings in the action.
(2) At the same time that the complaint is filed, the claimant files an application that the action be stayed pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien.
(b) Within 30 days after service of the summons and complaint, the claimant shall file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien. The failure of a claimant to comply with this subdivision is a waiver of the claimant's right to compel arbitration.
(c) The failure of a defendant to file a petition pursuant to Section 1281.2 at or before the time the defendant answers the complaint filed pursuant to subdivision (a) is a waiver of the defendant's right to compel arbitration.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-68-412. Injunctions--Requirements--Enforceability - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-68-412.html
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