Public-domain · open source
OpenJurist

Ark. Code Ann. § 16-43-208

Criminal proceedings — Subpoenas for witnesses generally

Applied in 2 court decisions — leading case MacKintrush v. State (1998)

Most recently applied in Holder v. State (October 2003)

Crim

(1) 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.

(2) The state shall have the right to subpoena at the expense of the county six (6) witnesses if the charge is a misdemeanor and twelve (12) witnesses if it is a felony less than a capital offense. The defendant shall have the right to subpoenas at the expense of the county for six (6) witnesses in misdemeanor and twelve (12) witnesses in felony cases less than capital. There shall be no limit upon the number of witnesses who may be subpoenaed at the expense of the county in capital cases.

(3) Either party shall have the right to recall subpoenas before service and substitute the names of other witnesses for those for whom subpoenas were originally issued.

(4) Neither side shall in any event have at the expense of the county more than six (6) character witnesses in any type of case, capital or otherwise.

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.