Title 16 — Practice, Procedure, And Courts

(a) (1) In any criminal proceeding, on motion of the prosecutor after notice to the defendant or on motion of the defense attorney, the court may, upon a showing of clear and convincing evidence that testifying in open court would be harmful or detrimental to the child, order tha…

(a) As used in this section:(1) “Certified facility dog” means a dog that has:(A) Graduated from a program of an assistance dog organization that is a member of Assistance Dogs International or a similar nonprofit organization that sets the highest standard of training and placem…

A witness shall not be liable to be sued in a county in which he does not reside by being served with a summons in that county while going, returning, or attending in obedience to a subpoena.

All witnesses shall be privileged from arrest in all cases except treason, felony, or breach of the peace during their attendance on any court where their attendance is required by subpoena, and going to and returning from the place where they may be required to appear to testify…

Any person who causes a witness to be arrested, knowing him to be in attendance as such upon a subpoena, shall have his suit abated and shall be fined at the discretion of the court from which the subpoena issued, in any sum not exceeding one hundred dollars ($100).

(1) No person or other entity who maintains genetic information shall be compelled to disclose such information pursuant to a request for compulsory disclosure in any judicial, legislative, or administrative proceeding, unless:(1) The request for compulsory disclosure is in accor…

This subchapter shall be known and may be cited as the “Safeguards for Abused and Neglected Children Act”.

(1) In order to facilitate testimony that is fair and accurate, the following safeguards should be followed:(1) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall inform the child about the nature of the judicial pro…

A witness shall not be compelled to attend court for oral examination where his deposition may be used unless he has failed, when duly summoned, to appear and give his deposition.

Any person subpoenaed to appear before any court of record of this state, or justice of the peace, to give evidence in any case brought before the court or justice shall attend each and every term, or from time to time, until the case is decided, or until the witness is discharge…

Every person in this state who is required to take depositions or examinations of witnesses by virtue of any commission issued out of any court of record of this or any other government shall have power to issue subpoenas for witnesses to appear and testify and to compel their at…

A witness imprisoned or fined for contempt by an officer before whom his or her deposition is being taken may apply to the circuit judge, who shall have power to discharge the witness if it appears that the imprisonment is illegal.

A.C.A. § 16-43-207Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The clerk of the court, upon request of the prosecuting attorney or upon request of the defendant or his attorney, shall issue subpoenas for witnesses. (b) The state shall have the right to subpoena at the expense of the county six (6) witnesses if the charge is a misdemeanor…

(a) Should either party desire additional witnesses at the expense of the county, he may file, in term time or in vacation of the court, his verified application for the additional witnesses with the judge of the court. (b) The application shall contain a statement of the facts w…

A witness subpoenaed to attend before any circuit court in more than one (1) criminal case at the same time shall be allowed pay, when the costs are paid by the county, in only one (1) case and only for the actual number of days he or she is in attendance, regardless of the numbe…

The provisions of the Code of Practice in Civil Cases shall apply to and govern summoning and coercing the attendance of witnesses and compelling them to testify in all prosecutions and all criminal or penal actions or proceedings, except that the attendance of witnesses residing…

(a) The prosecuting attorneys and their deputies may issue subpoenas in all criminal matters they are investigating and may administer oaths for the purpose of taking the testimony of witnesses subpoenaed before them. Such oath when administered by the prosecuting attorney or his…

A person confined in any prison in this state for any cause other than a sentence for felony may, by order of the court, be required to be produced for oral examination in the county where he is imprisoned. However, in all other cases his examination must be taken by deposition.

(a) Upon presentation by the prosecuting attorney or interested defense counsel of a petition duly verified and for good cause, any circuit court having jurisdiction of any criminal offense involving a felony pending for trial in that court may have jurisdiction and authority to …

(a) As used in this section, the term “videotaped deposition” means the visual recording on a magnetic tape, together with the associated sound, of a witness testifying under oath in the course of a judicial proceeding, upon oral examination, and where an opportunity is given for…

(1) As used in this subchapter:(1) “Witness” means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court;(2) “Penal institut…

(1) A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify:(1) That there is a criminal proceeding or investigation by a gra…

(1) If at the hearing the judge determines:(1) That the witness may be material and necessary;(2) That his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness;(3) That the laws of the state in which he is request…

The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expen…

This subchapter does not apply to any person in this state confined as insane or mentally ill.

(1) If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify:(1) That there is a criminal proceeding or investigation…

The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because o…

This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

This subchapter may be cited as the “Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act”.

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end…

A.C.A. § 16-43-312Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 16-43-401Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution or criminal proceeding pending in such court,…

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or proceedings or grand jury or prosecuting attorney's investigations commenced or about to commence, in this state, is a materi…

If a person comes into this state in obedience to a summons directing him to attend and testify in a criminal prosecution in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with …

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

This subchapter may be cited as the “Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases”.

All acts or parts of acts inconsistent with this subchapter are hereby repealed.

A.C.A. § 16-43-408Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

Whereas, under the present statutes of the State of Arkansas there is no adequate remedy whereby the attendance of witnesses from without the state may be enforced, and whereas, it is necessary for the immediate preservation of the peace of the State of Arkansas that adequate mea…

On the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offenses, and misdemeanors in this state, the person so charged shall, at his own request, but not otherwise, be a competent witness. The failur…

When two (2) or more persons are indicted in the same indictment, each defendant may testify in behalf of, or against, the other defendants.

No person shall be rendered incompetent to testify in criminal cases by reason of his being the person injured or defrauded, or intended to be injured or defrauded, or because he would be entitled to satisfaction for the injury or may be liable to pay the costs of prosecution.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Court” means the circuit court for the judicial district of this state in which the proceeding is or may be held;(2) “Grand jury” means any grand jury impaneled in accordance with the laws of this state;(3…

Any person who refuses to give testimony after an order has been issued by the circuit court for the judicial district in which the proceeding is or may be held directing him or her to give such testimony, as provided in this subchapter shall be guilty of a Class B misdemeanor. E…

Whenever a witness refuses, on the basis of his privilege of self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney and the person presiding over the proceeding communicates to the witnes…

(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney, the circuit court for the judicial district in which the proceeding is or may be held…

No prosecuting attorney shall grant immunity until he has applied for and obtained in each case a written order from the judge of the circuit court approving the grant of immunity. No such immunity shall be granted by a prosecuting attorney until after the individual has declined…