Statute Annotations › Arkansas › Ark. Code Ann. § 16-56-105

Ark. Code Ann. § 16-56-105

Three-year limitation for certain actions: the cases that interpreted this section

Jurisdiction
Arkansas
Case notes
166
Cited in passing
67
Citing cases indexed
269
Case dates
1988–2026
Screened through
2026-06-08
Checked for later law changes
2026-10-21
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

233 citing cases reviewed of 269 in the citation index: 166 interpreted the section (annotated below), 67 cited it only in passing. Cases filed after 2026-06-08 may not have been reviewed yet.

Have a situation under Ark. Code Ann. § 16-56-105?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Three-year limitation for trespass and conversion

Section 16-56-105 sets a three-year limit for professional negligence claims; fraudulent concealment does not toll that limit when the alleged fraud is not pleaded with particularity.

Parrott v. West Fraser, Inc. · filed 2025-03-31

Therefore, the Court finds that West Fraser has not pled its allegations of fraud with the particularity required by Federal Rule of Civil Procedure 9, and the doctrine of fraudulent concealment does not toll the three-year statute of limitations. Accordingly, West Fraser’s professional negligence claim is time-barred and must be dismissed.
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Section 16-56-105(4) sets a three-year limitation period for trespass claims.

Hampton v. Wells Fargo Bank NA · filed 2022-03-15(4)

Under Arkansas law, the statute of limitations for trespass is three years.
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Section 16-56-105(4) bars a trespass claim filed more than three years after the alleged trespass, even when the claim relates back to an original pleading filed after that deadline.

Ko v. Wills · filed 2025-11-19(4)

Thus, even Ko’s original counterclaim was filed more than three years after any trespass relating to the shed could have occurred.
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Section 16-56-105(3)’s three-year limitation bars a claim when an amended complaint identifying the plaintiff is filed after the period expires and does not relate back.

Capers v. Nat'l Railroad Passenger Corp. · filed 2016-12-23(3)

Based on this precedent and the absence of a “direct collision” with the Federal Rules, see Walker, 446 U.S. at 749 (citation omitted), we find that Arkansas Rule 15 controls, thus precluding relation back.
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Written acknowledgment of oral debt

A written acknowledgment of an oral debt starts a new three-year limitations period but does not convert the obligation into a written contract subject to a five-year period.

Still v. Perroni Law Firm · filed 2011-10-27

We conclude that the reasoning in Shelton and other state courts, combined with the lack of language in Blake and other cases concerning whether a written acknowledgment of a debt converts an oral obligation into a written contract, supports the conclusion that the security agreement merely acknowledged the debt agreed to in the oral agreement between Perroni and Still and extended the limitations period for an oral contract for another three years. However, the acknowledgment of the debt in no way removed that original agreement from an extended three-year statute of limitations; nor did it convert the limitations period into a five-year term.
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Section 1983 actions

Section 16-56-105(3) supplies a three-year limitations period for § 1983 actions in Arkansas.

Conway v. Oliver · filed 2018-03-07(3)

In Arkansas, the three-year personal injury statute of limitations found in Ark. Code Ann. § 16-56-105(3) is applicable to section 1983 cases.
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Section 16-56-105(3) supplies the three-year limitations period for section 1983 actions in Arkansas.

Hayes v. Daniel · filed 2020-09-02(3)

In Arkansas, the three-year personal injury statute of limitations, codified at Ark. Code Ann. § 16-56-105(3), is applicable to section 1983 cases.
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Section 16-56-105(3) supplies a three-year limitations period for § 1983 claims in Arkansas.

Jefferson v. Stapleton · filed 2018-08-21(3)

In Arkansas, this is the three-year personal injury statute of limitations codified at Ark. Code Ann. 16-56-105(3) (West, Westlaw current through July 1, 2018). ... Thus, any claim based on an event that occurred on March 3, 2015, is barred by the three-year statute of limitations.
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Section 16-56-105(3) supplies the three-year limitations period for § 1983 claims arising in Arkansas.

Watts v. Watts · filed 2019-03-18(3)

In Arkansas, this is the three-year personal injury statute of limitations, Ark. Code Ann. § 16-56- 105(3) (2005). See Miller v. Norris, 247 F.3d 736, 739 (8th Cir. 2001) (Ark. Code Ann. § 16-56- 105(3) is the statute of limitations applicable to § 1983 cases). Thus, any § 1983 claims based on events that occurred prior to January 14, 2016 are barred by the statute of limitations.
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Section 16-56-105(3) supplies the three-year limitations period for § 1983 claims in Arkansas.

Fields v. Milan · filed 2020-02-12(3)

In Arkansas, this is the three-year personal injury statute of limitations, Ark. Code Ann. § 16-56-105(3) (2005).
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Section 16-56-105(3) supplies the three-year limitations period for § 1983 claims in Arkansas.

Morris v. Hewitt · filed 2020-10-19(3)

In Arkansas, this is the three-year personal-injury statute of limitations, Ark. Code Ann. § 16-56-105(3).
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Section 16-56-105(3) supplies a three-year limitations period for § 1983 actions in Arkansas.

Torres v. Helder · filed 2021-03-05(3)

In Arkansas, this is the three-year personal injury statute of limitations, Ark. Code Ann. § 16-56-105(3).
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Section 16-56-105(3) provides a three-year limitations period for Arkansas personal injury actions, including § 1983 claims arising in Arkansas.

Crawford v. Singleton · filed 2019-06-10(3)

In Arkansas, the statute of limitations for personal injury actions is three years. Ark. Code Ann. § 16-56-105(3); see Miller v. Norris, 247 F.3d 736, 739 (8th Cir. 2001). ... Accordingly, Plaintiff’s claim for excessive force based on the February 16, 2016 incident against Deputy Crider is not time-barred by the statute of limitations.
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Section 16-56-105(3) provides a three-year limitations period for Arkansas personal injury actions, including § 1983 claims brought in Arkansas.

Spainhour v. Jones · filed 2020-03-18(3)

Under Arkansas law, personal injury actions have a three-year statute of limitations. See Ark. Code Ann. § 16-56-105(3).
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Limitation period for libel

Section 16-56-105(5) gives libel claims a three-year limitations period.

Dawson v. Dolgencorp LLC · filed 2024-03-26(5)

The statute of limitations for false imprisonment and slander is one year, Ark. Code Ann. §§ 16-56-104(2)(B) and (3), while the statute of limitations for libel is three years.
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Section 16-56-105(5) gives libel actions a three-year limitations period.

Bakhaty v. CHI St Vincent Hot Springs · filed 2025-06-03(5)

This short one-year statute of limitations can be juxtaposed with the longer three- year statute of limitations for libel actions.
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Notes 151–166 of 166, oldest cases first.

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