Arkansas § 5-2-309 - Determination of fitness to proceed.
Full text of Arkansas Arkansas Code of 1987 Annotated § 5-2-309 — Determination of fitness to proceed., with citation guidance and answers to common questions.
§ 5-2-309. Determination of fitness to proceed.
If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court. If neither party contests the finding of the report filed pursuant to § 5-2-327, the court may make the determination under subsection (a) of this section on the basis of the report. If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
Source: official Arkansas text · Last verified 2026-08-27
Frequently Asked Questions About Arkansas § 5-2-309
What does Arkansas Code of 1987 Annotated § 5-2-309 cover?
Section 5-2-309 ("Determination of fitness to proceed.") is part of the Arkansas Code of 1987 Annotated, the codified statutory law of Arkansas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arkansas § 5-2-309?
A common citation format is "Arkansas Code of 1987 Annotated § 5-2-309" (Arkansas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arkansas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arkansas official source linked on this page or consult a licensed Arkansas attorney.
How does Arkansas § 5-2-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arkansas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arkansas.