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In re Recommendations of Committee on Civil Practice

Supreme Court of Arkansas

May 12, 2016

IN RE RECOMMENDATIONS OF THE COMMITTEE ON CIVIL PRACTICE

PER CURIAM

The Arkansas Supreme Court Committee on Civil Practice submitted proposals for changes in rules affecting civil practice. We are publishing the following recommendations for comment.

1.Adoption of the Uniform Interstate Discovery and Deposition Act, new Rule of Civil Procedure 45.1
2.Amendment of Supreme Court Rule 4-6, Amicus Briefs
3.Technical correction to Rule of Appellate Procedure–Civil 2
4.Adoption of new rule to address substitution of parties on appeal, Rule of Appellate Procedure–Civil 12

The Reporter's Notes explain the changes, and the proposed changes are set out in "line-in, line-out" fashion (new material is underlined; deleted material is lined through).

We express our gratitude to the committee members for their work with respect to the rules. Comments on the suggested rule changes should be made in writing before June 20, 2016, and they should be addressed to: Stacey Pectol, Clerk, Supreme Court of Arkansas, Attn.: Civil Procedure Rules, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201.

1. Arkansas Rules of Civil Procedure Rule 45. Subpoena. . . . .

(f)Depositions for Use in Out-of-State Proceedings. Any party to a proceeding pending in a court of record outside this state may take the deposition of any person who may be found within this state. A party who has filed a notice of deposition upon oral examination in an out-of-state proceeding, which complies with Rule 30(b), may file a certified copy thereof with the circuit clerk of the county in which the deposition is to be taken; whereupon, the clerk shall issue a subpoena in accordance with the notice. A deposition, including any subpoenas issued therefor, shall be subject to these rules as well as to any rule or statute creating a privilege or immunity from discovery. Any objection or motion for protective order with respect to the deposition shall be heard by a circuit judge of the county in which the deposition is to be taken.

(g)Contempt. 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 at a time and place to be fixed in the warrant, to give testimony and answer for contempt.

Reporter's Notes (20 Amendments). Subdivision (f), "Depositions for Use in Out-of-State Proceedings, " was deleted and replaced with new Rule 45.1. The last subdivision, "Contempt, " was redesignated as (f).

RULE 45.1. Subpoena for Interstate Depositions and Discovery.

(a) Purpose. This rule governs depositions and discovery conducted in Arkansas in connection with a civil action pending in another state. (b) Definitions.

(1)"Foreign jurisdiction" means a state other than Arkansas.

(2)"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized ...


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