§ 12-62-406 — Stay of proceedings

Arkansas § 12-62-406

• Jurisdiction: Arkansas
• Title: 12

Text

(a) All lawsuits pending in any court of this state in which any attorney for either party or any party is a member of the reserve components of the armed forces and who has been ordered to a period of active duty in the armed forces of the State of Arkansas or of the United States, pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas, upon written notice to the parties and the court, shall be stayed for a period of not less than fifteen (15) days preceding the period of active duty and for thirty (30) days following the period of active duty, unless for a time less as requested by the party or attorney. The proceedings shall be stayed without regard to the number of other attorneys also representing parties litigant. Judgments, decrees, sentences, or fines rendered or imposed in violation hereof after written notice for continuance has been filed hereunder shall be void and unenforceable. (b) (1) This section does not apply to any dependency-neglect actions. (2) However, in dependency-neglect actions, a member of the National Guard or reserve component of the armed forces of the United States who has been ordered to a period of active duty in the armed forces of the State of Arkansas or the United States pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas shall be afforded the protections under the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., as in effect on February 1, 2011, to the same extent as if his or her duties were for federal military status.

Legislative History

Acts 1969, No. 50, § 198; A.S.A. 1947, § 11-1009; Acts 1991, No. 965, § 3; 2009, No. 956, § 30; 2011, No. 1170, § 1.