IN RE RECOMMENDATIONS OF THE COMMITTEE ON CIVIL PRACTICE
Arkansas Supreme Court Committee on Civil Practice submitted
the following proposals:
1. Adoption of the Uniform Interstate Discovery and
Deposition Act, new Rule of Civil Procedure 45.1 and amend
2. Amendment of Supreme Court Rule 4-6, Amicus Briefs
3. Technical correction to Rule of Appellate Procedure-Civil
4. Adoption of new rule to address substitution of parties on
appeal, Rule of Appellate Procedure-Civil 12
were published for comment on May 12, 2016. In re
Recommendations of the Comm. on Civil Practice, 2016
Ark. 208 (per curiam).
adopt, effective January 1, 2018, and republish the rules as
set out below.
Arkansas Rules of Civil Procedure Rule 45. Subpoena. . . .
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.
Notes (2018). 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).
45.1. Subpoena for Interstate Depositions and
rule governs depositions and discovery conducted in Arkansas
in connection with a civil action pending in another state.
"Foreign jurisdiction" means a state other than
"Foreign subpoena" means a subpoena issued under
authority of a court of record of a foreign jurisdiction.
"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.
"State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, a federally recognized Indian tribe, or any
territory or insular possession subject to the jurisdiction
of the United States.
"Subpoena" means a document, however denominated,
issued under authority of a court of record requiring a
(A) attend and give testimony at a deposition; or
(B) produce and permit inspection and copying of designated
books, documents, records, electronically stored information,
or tangible things in the possession, ...