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16-62-107. Revivor of actions against personal representative of defendant.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-62-107. Revivor of actions against personal representative of defendant.
(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 reasonable continuance as may be necessary to enable the personal representative properly to prepare for trial.
(b)(1) An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate.
(2) An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action.
(3) No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in § 16-62-108.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-62-107
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:16-62-107
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b247fc3b6f604545b59f98763b3d8488b2ca3457960662efb3a80d29ff6c70fc
Source location: content.xml paragraph 23509
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16-62-107. Revivor of actions against personal representative of defendant.
(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 reasonable continuance as may be necessary to enable the personal representative properly to prepare for trial.
(b)(1) An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate.
(2) An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action.
(3) No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in § 16-62-108.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-62-108. Revivor of actions against plaintiff's representative or successor — Exception.
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 might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b), whichever shall be longer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-62-108
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 16-62-108. This identifies an authority to review, not proof of applicability.