Ark. Code Ann. » Title 16 Chapter 65
Arkansas Code Annotated

Ark. Code Ann. § 16-65-111 (2026)

Death of party

✓ current as of May 2026
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  1. If, after a verdict is rendered in any action, either party dies before judgment is actually entered thereon, the court may at any time during the term at which the verdict was rendered enter final judgment in the names of the original parties.
  2. Nothing in subsection (a) of this section shall be construed to authorize the entry of the judgment against any party who may have died before a verdict was actually rendered against him or her, notwithstanding he or she may have died on the first day or any other day of the term at which the verdict may have been rendered. Such a verdict shall be void.

History. Rev. Stat., ch. 1, §§ 11, 12; C. & M. Dig., §§ 1306, 1307; Pope's Dig., §§ 1531, 1532; A.S.A. 1947, §§ 29-105, 29-106.

Case Notes

Nunc Pro Tunc Order.

Where a cause has been submitted in the Supreme Court, if either party dies before final judgment, the judgment may be rendered in the names of the original parties as of a day previous to the death; or, if the death of either party is suggested and proved, a nunc pro tunc order may be made to extend back to a day between the submission and death. Pool v. Loomis, 5 Ark. (5 Pike) 110 (1843).

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Elder v. Smith, 987 A.2d 36 (Md. 2010).
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Elder v. Smith, 987 A.2d 36 (Md. 2010). “§ 12-1551 (2009); Ark.Code Ann. § 16-65-111 (2005); Colo.Rev.”
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