§ 1-16-402 — Opening judgment or order rendered on service by publication

A party against whom a judgment or order has been rendered
without service other than by publication in a newspaper may
have the same opened and be allowed to defend within six (6)
months after the date of the judgment or order. Before the
judgment or order can be opened, the applicant shall give notice
to the adverse party of his intended application, file a full
answer to the petition, pay all costs if the court requires them
to be paid and make it appear to the satisfaction of the court
that during the pendency of the action he had no actual notice
thereof in time to appear in court and make his defense. Each
party may present affidavits.