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16-119-105. Restoration of records in pending cases.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-119-105. Restoration of records in pending cases.
(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in any such matters or proceedings may file a petition in the office of the clerk of the court in which the matter or proceeding is pending, addressed to the court, setting forth the nature and substance of the matter or proceedings, or of the original papers filed and lost, destroyed, or burned, and praying that the original papers may be reinstated upon the record.
(b) Thereupon, if the court is satisfied and advised of the truth of the allegation in the petition, it shall order, adjudge, or decree that the original papers, pursuant to the allegation of the petitioner, be filed and reinstated upon the records of the court, to have the same force and effect and to relate back and take effect from the time when the original was filed or the original matter or proceedings were had.
(c) No such order, judgment, or decree shall be made by any of the courts unless the applicant shall have given to the other party or parties interested or concerned in the matters or proceedings due notice of the intended application, according to the provisions regarding notice in § 16-119-104.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-119-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-119-105
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e9a91e1024e1d7101f9dfee5610181230a0e688a5b4b03d293e53a020341eaa3
Source location: content.xml paragraph 48723
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16-119-105. Restoration of records in pending cases.
(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in any such matters or proceedings may file a petition in the office of the clerk of the court in which the matter or proceeding is pending, addressed to the court, setting forth the nature and substance of the matter or proceedings, or of the original papers filed and lost, destroyed, or burned, and praying that the original papers may be reinstated upon the record.
(b) Thereupon, if the court is satisfied and advised of the truth of the allegation in the petition, it shall order, adjudge, or decree that the original papers, pursuant to the allegation of the petitioner, be filed and reinstated upon the records of the court, to have the same force and effect and to relate back and take effect from the time when the original was filed or the original matter or proceedings were had.
(c) No such order, judgment, or decree shall be made by any of the courts unless the applicant shall have given to the other party or parties interested or concerned in the matters or proceedings due notice of the intended application, according to the provisions regarding notice in § 16-119-104.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-119-104. Restoration of destroyed judgments — Procedural conditions.
No reinstating order, sentence, or decree shall be rendered by the court, unless:
(1) The petition is verified by affidavit and has been filed in the office of the clerk of the court thirty (30) days previous to the term of the court at which the application is intended to be made; and
(2) Due notice of the intended application, setting forth, in a brief manner, the object and intent of the application, is given to the adverse party or parties, either by personal service, by delivering a copy of the notice in writing at least thirty (30) days before the first day of the term of court at which the intended application is to be made, or by publication in some newspaper published in the county for two (2) consecutive weeks, the last publication to be at least six (6) weeks before the first day of the term of the court at which the intended application is to be made. However, if there is no newspaper printed in the county, then the publication shall be made in some newspaper printed in Little Rock, Arkansas.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-119-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-119-104. This identifies an authority to review, not proof of applicability.