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Ark. Code Ann. § 16-43-212

Criminal proceedings — Issuance of subpoenas pursuant to investigations

Applied in 7 court decisions — leading case Echols v. State (1996)

Most recently applied in Lacy v. State (October 2010)

Acts 1937, No. 160, §§ 1-3; Pope's Dig., §§ 3793-3795; A.S.A. 1947, §§ 43-801 — 43-803; Acts 2005, No. 1994, § 395.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) 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 or her deputy shall have the same effect as if administered by the foreman of the grand jury. The subpoena shall be substantially in the following form:

(2) The subpoena provided for in subsection (a) of this section shall be served in the manner as provided by law and shall be returned and a record made and kept as provided by law for grand jury subpoenas. The fees and mileage of officers serving the subpoenas and of witnesses in appearances in answer to the subpoenas shall be the same and shall be paid in the same manner as provided by law for grand jury witnesses.

(3) The failure of any officer to serve the subpoena or of a witness to appear on the returned date shall constitute a Class B misdemeanor.

“The State of Arkansas to the Sheriff of County: You are commanded to summon to attend before the Prosecuting Attorney at, A.D. 20.M., and testify in the matter of an investigation then to be conducted by the said Prosecuting Attorney growing out of a representation that has committed the crime of in said County. Witness my hand this, A.D. 20. Prosecuting Attorney By Deputy Prosecuting Attorney”

form.

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.