This Subpoena Guide covers generally applicable statewide rules of practice regarding subpoenas in Arkansas trial courts. Local jurisdictions often have their own rules and procedures developed by judges and clerks that are not reduced to writing, and are subject to change at any time, especially regarding subpoenas to foreign witnesses and subpoenas for use in foreign actions. Therefore, it is always recommended that you consult the clerk's office for the court under whose authority the subpoena will be issued.
Defendant May Take Depositions at Any Time; Plaintiff Must Wait Thirty (30) Days
Depositions may be taken by the defendant at any time after commencement of the action and by the plaintiff once thirty (30) days have passed since commencement of the action. The plaintiff need not wait thirty (30) days to notice (or subpoena) a deposition if the defendant has already done so, if defendant has otherwise sought discovery, or if the plaintiff gives special notice under Rule 30(b)(2) to depose a party expected to leave Arkansas or the United States and be unavailable for deposition. Ark. R.C.P. 30(a).
Serve Subpoena At Least Five (5) Days Prior to Scheduled Deposition
The person on whom a deposition subpoena has been served may file a written objection to any requested production of designated materials within ten (10) days of service or, if the subpoena requires compliance in less than ten (10) days, at any time prior to the time set for compliance. Ark. R.C.P. 45(e).
Motion for Order of Compliance Before or During Deposition
If an objection to production pursuant to a subpoena has been made, the party who sought the production may move for an order of compliance at any time before or during the taking of the deposition. Ark. R.C.P. 45(e).
Any motion to quash or modify a subpoena which directs the person upon which it is served to produce books, papers, documents, or tangibles things at trial, hearing or deposition should be made at or before the time specified for compliance with the subpoena. Ark. R.C.P. 45(b).
A subpoena compelling appearance before the court at a trial or hearing must be served at least two (2) days prior to the trial or hearing. Service less than two (2) days prior to the court date may only be made with leave of court. Ark. R.C.P. 45(d).
Any party to a proceeding pending in a court outside Arkansas can take the deposition of a person found in Arkansas by filing a certified copy of the notice of deposition in an out-of-state proceeding with the circuit clerk of the county in which the deposition is to be taken. The clerk will then issue the subpoena. A deposition taken in Arkansas for an out-of-state proceeding is subject to Arkansas civil rules, including any rule or statute creating a privilege or immunity from discovery. Any objection or motion for protective order will be heard by a circuit judge of the county in which the deposition will be taken. Ark. R.C.P. 45(f).
To support the issuance of a subpoena in Arkansas, the out-of-state notice of deposition must comply with Arkansas rules for notices of deposition generally. Ark. R.C.P. 45(f). These rules require the following:
Reasonable notice of deposition must be given in writing to every other party in the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known. If the name of the deponent is unknown, a general description sufficient to identify him or the particular class or group to which he belongs must be included. If a subpoena duces tecum will be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena must be attached to or included in the notice. Ark. R.C.P. 30(b)(1).
Whether issued by the clerk's office or an attorney in the case, subpoenas should be issued on court prescribed forms. The rules do not specifically refer to these forms, however, the Supreme Court has adopted a civil subpoena form it describes as "official." Case law has established that failing to include the information specified on the form, or including additional information which is inconsistent with the form, is not permissible. Accordingly, it is strongly recommended that the official form be used at all times. A copy of the official form can be accessed on the court's Forms page.
The fee schedule for subpoenas is not available online at this time. You should contact the court at (501) 682-9400 for current information on subpoena issuance fees.
Although not expressly addressed by statute or rule, it is not customary in Arkansas to file subpoenas with the court.
Personal service of a subpoena is made by delivering a copy of the subpoena to the subpoenaed person. Personal service may be made by the sheriff of the county of service, the sheriff's deputy or any person not a party who is not less than eighteen (18) years old. Ark. R.C.P. 45(c).
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