Sunday, Holiday & Late-Night Service of Process Rules in Arkansas (Ark. Code Ann. § 16-58-106)
When a defendant works long shifts, travels during the week, or deliberately hides during normal weekday business hours, attorneys and litigants often ask: “Is it legal for a process server to serve papers on a Sunday, on a state holiday, or late at night in Arkansas?”
Unlike states such as New York, Florida, or Minnesota—which strictly prohibit Sunday service of civil process absent an emergency court order—Arkansas law permits service of civil process on any day of the week, including Sundays and legal holidays, as well as during early morning and late evening hours.
This guide examines the statutory history of Ark. Code Ann. § 16-58-106, why evening and weekend attempts are the most effective tool for serving working or evasive defendants across Arkansas, and best practices for workplace and gated-community service.
1. Is Sunday or Holiday Service of Process Legal in Arkansas? (Ark. Code Ann. § 16-58-106)
Yes. In Arkansas, a civil summons, complaint, subpoena, eviction notice, or family court petition served on a Sunday or on an official state or federal holiday is 100% legally valid.
The Statutory Context: Ark. Code Ann. § 16-58-106 & Ark. R. Civ. P. 4
Historically, nineteenth-century Arkansas statutes (Ark. Code Ann. § 16-58-106, originally derived from the Civil Code of 1869) required a plaintiff to sign an affidavit showing that the defendant was about to leave the county or that process could not be executed on another day before a summons or writ could be served on a Sunday or holiday. However:
- Supersession by the Arkansas Rules of Civil Procedure: Under the Arkansas Supreme Court’s constitutional rulemaking authority (Amendment 80, § 3) and the Supersession Rule, Arkansas Rule of Civil Procedure 4 governs the time and manner of service of civil process in all Arkansas courts and imposes no prohibition or special affidavit requirement for Sunday or holiday service.
- Even Under
§ 16-58-106: Even where historical statutory provisions are referenced for extraordinary writs (such as orders of attachment, arrest, or replevin), Arkansas law explicitly authorizes holiday and Sunday execution whenever regular weekday service is impracticable or the defendant cannot be reached on ordinary business days.
2. How Weekend or Holiday Service Affects the Defendant’s 30-Day Answer Deadline (Ark. R. Civ. P. 6(a))
While serving a defendant on a Saturday, Sunday, or legal holiday is completely valid in Arkansas, how does it affect the calculation of the defendant’s 30-day window to file an Answer under Ark. R. Civ. P. 12(a)?
Under Arkansas Rule of Civil Procedure 6(a):
- Day of the Act Is Excluded: In computing any period of time prescribed by the Arkansas Rules of Civil Procedure, the actual day of the act or event (the day of service) is not included. Day 1 of the 30-day clock is always the day after service.
- Intermediate Weekends & Holidays Count (For Periods of 14+ Days): Because the 30-day answer window is longer than 11/14 days, intermediate Saturdays, Sundays, and legal holidays are counted as ordinary calendar days.
- When Day 30 Falls on a Weekend or Legal Holiday: If the 30th day after service lands on a Saturday, a Sunday, a legal holiday, or a day on which the Circuit or District Clerk’s office is closed, the defendant’s deadline to file an Answer automatically extends to the end of the next business day that is not a Saturday, Sunday, or legal holiday (
Ark. R. Civ. P. 6(a)).
3. Early-Morning & Late-Night Service Hours in Arkansas
Does Arkansas law set a curfew (such as 8:00 AM to 8:00 PM) for serving civil papers?
- No Statutory Curfew: Neither Ark. R. Civ. P. 4 nor the Arkansas Code imposes a time-of-day restriction on serving a civil summons, complaint, or subpoena.
- Industry Standard Due Diligence Hours (6:30 AM – 9:30 PM): In practice, professional court-appointed process servers in Arkansas schedule residential attempts across three distinct time blocks to demonstrate genuine due diligence to the court:
- Early Morning Block (6:30 AM – 8:30 AM): Before commuters leave for work in Little Rock, Conway, Fayetteville, Bentonville, or Rogers.
- Midday / Business Hours Block (9:00 AM – 4:30 PM): Ideal for commercial registered agents, corporate offices, hospitals, and retail workplaces.
- Evening Block (5:30 PM – 9:30 PM) & Weekends: When working defendants and adult household co-residents (
Rule 4(f)(1)(B)) are home for the evening.
- Late-Night / 24-Hour Stakeout Service: If a defendant works a night shift, performs at a late-night venue in Hot Springs or downtown Little Rock, or actively sneaks in and out of their residence after 10:00 PM, our servers can conduct targeted late-night service while maintaining calm, professional conduct that avoids any breach of the peace.
4. Can a Process Server Serve Papers at Someone’s Workplace in Arkansas?
Yes. Under Ark. R. Civ. P. 4(f)(1)(A), personal service upon an individual may be made “by delivering a copy of the process to the defendant personally” anywhere the defendant can be found within the State of Arkansas—including their place of employment, a parking lot, a courthouse hallway (unless the person is an out-of-state witness immune while attending trial under Ark. Code Ann. § 16-43-401), or a public area.
Important Workplace Service Rule for Individual Defendants
While you can serve an individual defendant in person at their workplace, you cannot leave an individual’s personal summons and complaint with their boss, HR manager, or coworker!
- Under Ark. R. Civ. P. 4(f)(1)(B), substituted service on another person is valid only at the defendant’s “dwelling house or usual place of abode” with a co-resident aged 18 or older—not at their workplace (unless the coworker holds a specific appointment as an agent authorized to receive service of process under
Rule 4(f)(1)(C)). - When serving an individual at work in Arkansas, our process servers politely request that the receptionist or manager ask the employee to step to the front lobby or reception desk so the documents can be handed directly to the named individual in a discreet envelope.
Need weekend, evening, or same-day process serving anywhere in Arkansas? Submit your service order online now or call (501) 472-8315.
Ready to serve your legal documents? Submit your Arkansas service order online now → or call (501) 472-8315 for immediate dispatch anywhere in Arkansas.