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 representatives or successor without the consent of both parties, it shall order the action to be stricken from the docket.
Ark. Code Ann. § 16-62-109
Time for revivor — Effect of expiration
Applied in 3 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, § 563; 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.