Title 16 — Practice, Procedure, And Courts
99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-62-101 Survival of actions — Wrongs to person or property
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(a) (1) For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the …
Ark. Code Ann. § 16-62-102 Wrongful death actions — Survival
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(a) (1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not …
Ark. Code Ann. § 16-62-103 Suits involving public officers
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No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office o…
Ark. Code Ann. § 16-62-107 Revivor of actions against personal representative of defendant
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(a) An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reason…
Ark. Code Ann. § 16-62-108 Revivor of actions against plaintiff's representative or successor — Exception
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An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order m…
Ark. Code Ann. § 16-62-109 Time for revivor — Effect of expiration
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When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her represent…
Ark. Code Ann. § 16-62-110 Failure of plaintiff's representatives to revive after notice — Motion to strike
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At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an…
Ark. Code Ann. § 16-62-111 Trial not postponed by revivor
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When, by the provisions of § 16-62-110, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.