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In re Recommendations of Committee on Civil Practice

Supreme Court of Arkansas

December 7, 2017

IN RE RECOMMENDATIONS OF THE COMMITTEE ON CIVIL PRACTICE

          PER CURIAM.

         The 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 Rule 45
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

         They were published for comment on May 12, 2016. In re Recommendations of the Comm. on Civil Practice, 2016 Ark. 208 (per curiam).

         We adopt, effective January 1, 2018, and republish the rules as set out below.

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

         (f) 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 (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).

         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 Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

         (5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:

(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, ...

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