Question 1

How much money has to go with an Arkansas subpoena?

Accepted Answer

The Arkansas Judiciary's form states it twice: the subpoena must be accompanied by a witness fee calculated at the rate of $30.00 per day for attendance and $0.25 per mile for travel from the witness's residence to the place of the trial or hearing, under Rule 45(d), and the identical figures apply to a deposition subpoena under Rule 45(e). Because the rule uses the word accompanied, the fee is part of what gets served rather than something settled later, which is the single most common way an Arkansas subpoena goes wrong.

Question 2

How many days before a hearing must an Arkansas subpoena be served?

Accepted Answer

At least two days, or a shorter time if the court so orders. The Arkansas rule is worded to close off an argument about geography: regardless of his or her county of residence, a witness subpoenaed for examination at a trial or hearing must be properly served at least two days prior. A witness who lives at the far end of the state gets the same two days as one who lives across the street from the courthouse. The separate deposition rule is longer, at five business days.

Question 3

Why does an Arkansas deposition subpoena need five business days instead of two?

Accepted Answer

Because Rule 45(e) sets its own clock for depositions. A witness subpoenaed in connection with a deposition must be properly served with a subpoena at least five business days prior to the deposition, or within a shorter time if the court so orders. Note that these are business days, not calendar days, so a weekend or a court holiday pushes the service date earlier. Pairing that with the two-day trial rule means a single Arkansas case can carry two different service deadlines at the same time.

Question 4

How far from home can an Arkansas deposition subpoena require someone to travel?

Accepted Answer

Rule 45(e) provides that the witness is required to attend a deposition at any place within 100 miles of where he or she resides, is employed, or transacts business in person, or at such other convenient place set by court order. This is Arkansas's own limit, printed on the Arkansas Judiciary's subpoena form, and it is about the place of a deposition. It is not the federal 100-mile rule, and it does not carry over to the trial and hearing rule in Rule 45(d), which is expressly indifferent to the witness's county of residence.

Question 5

Who signs and issues an Arkansas subpoena?

Accepted Answer

The Arkansas form carries one signature block, captioned Issuing Officer Signature and Title, with the parenthetical instruction to indicate if the signer is Attorney for Plaintiff or Defendant, followed by the issuing officer's name, address and phone number. In practice that means counsel of record signs and issues the subpoena directly rather than returning to the clerk for each one. The form is captioned as issued by the named court for the named Arkansas county, so the caption still has to match the court where the case is pending.

Question 6

Can an Arkansas subpoena demand documents without an appearance?

Accepted Answer

Yes. The Arkansas form carries a dedicated check box commanding the recipient, no more than a stated number of business days after receiving the subpoena, to produce and permit inspection and copying of the listed documents or objects. That is an alternative to the boxes requiring production at a trial, hearing or deposition. Rule 45(b) also lets the recipient ask the court to require the party on whose behalf the subpoena was issued to pay the reasonable cost of that production.

Question 7

How does someone object to an Arkansas subpoena for records?

Accepted Answer

Two routes, both on the form. First, Rule 45(b) lets the person subpoenaed ask the court to quash or modify the subpoena if it is unreasonable or oppressive, or to require the requesting party to pay the reasonable cost of production. Second, the person may object in writing to inspection or copying of any or all of the designated materials, or seek a protective order. If a written objection is made within ten days of service, or by the compliance time if that is less than ten days, the party who caused the Arkansas subpoena to issue is not entitled to inspect the materials unless the court so orders.

Question 8

What can an Arkansas court do if a witness simply does not show up?

Accepted Answer

Rule 45(g) is blunt about it: when a witness fails to attend in obedience to a subpoena, or intentionally evades the service of a subpoena by concealment or otherwise, the court may issue a warrant for arresting and bringing the witness before the court to give testimony and answer for contempt. Arkansas attaches no fixed dollar forfeiture to nonappearance in the subpoena rule, so the enforcement tools are the warrant and the contempt finding rather than a statutory penalty figure.

Arkansas Subpoena

Find out where you stand in Arkansas

Introduction

Key Things to Know

Key decisions before you file

Customize your Subpoena Template with DocDraft

Arkansas Requirements for Subpoena

Fee Must Accompany the Subpoena

Witness Fee of $30.00 a Day

Mileage at $0.25 a Mile

Two Days Before a Trial or Hearing

Five Business Days Before a Deposition

Deposition Place Within 100 Miles

Ten-Day Written Objection

Warrant and Contempt for Nonattendance

Frequently Asked Questions