Ark. Code Ann. § 16-40-103

Modes of taking testimony of witnesses

Applied in 2 court decisions — leading case Jones v. Jones (1996)

Most recently applied in 2026 Ark. App. 76 - Risie Howard, Special Administratrix for the Estate of Mrs. George Howard, Jr. v. Baptist Health A.K.A. Baptist Health Home Health Network; Diamond Risk Insurance Co., L.L.C.; John Harris, M.D.; Leah Willett, Bsn, Rn, Individually; Alicia Brucks, Slp, Individually; And Brandy M. Cantwell, Pt, Individually (February 2026)

Civil Code, §§ 596-599; C. & M

(1) The testimony of witnesses is taken in three (3) modes: By affidavit;

(2) By deposition;

(3) By oral examination.

(4) An affidavit is a written declaration under oath, made without notice to the adverse party.

(5) A deposition is a written declaration under oath, made upon notice to the adverse party, for the purpose of enabling that party to attend and cross-examine; or upon written interrogatories.

(6) An oral examination is an examination in the presence of the tribunal which is to decide the fact or to act upon it, the testimony being heard by the tribunal from the lips of the witness.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.