§ 12-62-406 - Stay of proceedings. - Arkansas Statutes

12-62-406. Stay of proceedings.

(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) This section does not apply to a party who shall be represented by counsel or to an attorney in a dependency-neglect case in which the circuit court has made specific written findings by clear and convincing evidence that:

(1) The child has been adjudicated dependent-neglected as defined by the Arkansas Juvenile Code of 1989, 9-27-301 et seq.;

(2) The delay in the judicial proceedings would result in a delay of permanency for the child and that delay would result in harm to the child; and

(3) It is in the child's best interest to proceed with the dependency-neglect case without delay.