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.
Ark. Code Ann. § 16-62-108
Revivor of actions against plaintiff's representative or successor — Exception
Applied in 6 court decisions — leading case Deaver v. Faucon Properties, Inc. (2006)
Most recently applied in 2024 Ark. App. 411 - G. Solomon Enterprises, Inc. And Gene S. Carmical v. Cheria Russenberger and Patrick Russenberger (September 2024)
Civil Code, § 562; C. & M
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.