reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-208 - Criminal proceedings - Subpoenas for witnesses generally

(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 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.
(c)
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.
(d)
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.
Crim. Code, § 151; C. & M. Dig., § 3109; Init. Meas. 1936, No. 3, § 34, Acts 1937, p. 1384; Pope's Dig., § 3939; A.S.A. 1947, § 43-2001.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-209 - Criminal proceedings - Additional witnesses

(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 which the party expects to prove by each one of the additional witnesses sought and an affidavit that such facts cannot be adequately established by the witnesses for whom the party has had subpoenas issued. If any such affidavit is willfully false, the party making it may be punished as for contempt of court. If the judge finds the application should be granted, he shall direct the clerk to issue subpoenas for the additional witnesses he finds the party should have.
(c)
After the trial of the case or after the witnesses have testified, and not before, the judge shall file the application with the clerk of the court, and it shall become a part of the record in the case. In no event shall the judge disclose the contents of the application until the case has been tried or the witnesses have testified.
(d)
While the trial is actually in progress, the court in its discretion may direct the clerk to issue additional subpoenas at the expense of the county without affidavits required by this subchapter.
(e)
In any event, either party may have additional witnesses who receive no compensation from the county for their services.
Init. Meas. 1936, No. 3, § 35, Acts 1937, p. 1384; Pope's Dig., § 3940; A.S.A. 1947, § 43-2002.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-210 - Criminal proceedings - Attendance by witness in several criminal cases

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 number of cases in which he or she is summoned or called upon to testify.
Acts 1875, No. 77, § 40, p. 167; C. & M. Dig., § 4612; Pope's Dig., § 5701; A.S.A. 1947, § 43-2003; Acts 2005, No. 1994, § 263.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-211 - Criminal proceedings - Civil procedure to govern

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 in any part of the state may be coerced, and it shall never be necessary to tender to the witnesses any compensation for expenses or otherwise before process of contempt shall issue.
Crim. Code, § 152; Acts 1871, No. 49, § 1 [152], p. 255; C. & M. Dig., § 3110; Pope's Dig., § 3941; A.S.A. 1947, § 43-2004.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-213 - Prisoner as witness - Attendance - Examination by deposition

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.
Civil Code, § 593; C. & M. Dig., § 4169; Pope's Dig., § 5179; A.S.A. 1947, § 28-518.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-214 - Prisoner from Division of Correction as witness

(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 provide by proper order for the presence in court, and for the trial and as a witness, of any person incarcerated in the Division of Correction whose testimony would be material either for the State of Arkansas or for the defendant in the action.
(b)
Upon the granting of a petition by the circuit court pursuant to subsection (a) of this section and upon presentation to the authorized officials of the division of a signed order or certified copy thereof by the circuit clerk of such court, the officials having custody of the prisoner are authorized and directed to transport or cause to be transported the prisoner by such means and methods as they deem proper, at the time and place as directed by the order of the circuit court.
(c)
The custody of a prisoner sought to be used as a witness shall at all times remain in the authorized officials of the division, subject to the order and direction of the circuit court. Immediately upon the completion of the testimony by the prisoner in court or upon the completion of the trial requiring his or her presence, the prisoner shall be immediately returned to the division by the official having his or her custody.
Amended by Act 2019, No. 910,§ 854, eff. 7/1/2019.
Acts 1959, No. 162, §§ 1-3; A.S.A. 1947, §§ 43-2022 -- 43-2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 2 - SECURING ATTENDANCE GENERALLY (§§ 16-43-201 — 16-43-215) › Section 16-43-215 - Videotaped deposition of State Crime Laboratory analyst - Definition

(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 cross-examination in the presence of the defendant and intended to be played back upon the trial of the action in court.
(b)
(1)
In all criminal trials in which the defendant is charged under the Uniform Controlled Substances Act, §
5-64-101
et seq., upon motion of the prosecuting attorney and after notice to the opposing counsel, the court, for good cause shown and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the demeanor of the witness and testimony by the defendant, the court, and the jury, and absent a showing of prejudice by the defendant, may order the taking of a videotaped deposition of any State Crime Laboratory analyst.
(2)
The videotaped deposition shall be taken at the State Crime Laboratory, or at a location ordered by the court, in the presence of the prosecuting attorney, the defendant, and the defendant's attorney.
(3)
Examination and cross-examination of the analyst shall proceed at the taking of the videotaped deposition in the same manner as permitted at trial under the provisions of the Arkansas Rules of Evidence.
(c)
(1)
Any videotaped deposition taken under the provisions of this section shall be admissible at trial and received into evidence in lieu of the direct testimony of the analyst.
(2)
However, neither the presentation nor the preparation of such videotaped deposition shall preclude the prosecutor or the defendant's attorney from calling the analyst to testify at trial if that is necessary to serve the interests of justice.
Amended by Act 2013, No. 1148,§ 7, eff. 8/16/2013.
Acts 2001, No. 1234, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-301 - Interstate rendition of prisoners as witnesses - Definitions

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 institutions" includes a jail, prison, penitentiary, house of correction, or other place of penal detention;
(3)
"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
Acts 1959, No. 216, § 1; A.S.A. 1947, § 43-2025.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-302 - Hearing or request for presence of prisoner in another state

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 grand jury or a criminal action pending in the court;
(2)
That a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action; and
(3)
That his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
Acts 1959, No. 216, § 2; A.S.A. 1947, § 43-2026.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-303 - Finding of court - Order that prisoner be produced in other state

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 requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and
(4)
That as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached:
(A)
Directing the witness to attend and testify;
(B)
Directing the person having the custody of the witness to produce him, in the court where the criminal action is pending or where the grand jury investigation is pending, at a time and place specified in the order; and
(C)
Prescribing such conditions as the judge shall determine.
Acts 1959, No. 216, § 3; A.S.A. 1947, § 43-2027.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-304 - Contents of order - Safeguarding custody - Payment of expenses

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 expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Acts 1959, No. 216, § 4; A.S.A. 1947, § 43-2028.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-305 - Insane or mentally ill persons not subject to subchapter

This subchapter does not apply to any person in this state confined as insane or mentally ill.
Acts 1959, No. 216, § 5; A.S.A. 1947, § 43-2029.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-306 - Certificate for obtaining prisoner from another state to testify in this state

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 by a grand jury or a criminal action pending in the court;
(2)
That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and
(3)
That his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the Attorney General of the state in which the prisoner is confined.
Acts 1959, No. 216, § 6; A.S.A. 1947, § 43-2030.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-307 - Order for compliance with terms prescribed by court of other state

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.
Acts 1959, No. 216, § 7; A.S.A. 1947, § 43-2031.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-308 - Prisoner from other state immune from arrest or process while being transported or held as witness

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 of any act committed prior to his arrival in this state under the order.
Acts 1959, No. 216, § 8; A.S.A. 1947, § 43-2032.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-309 - Uniformity of construction

This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1959, No. 216, § 9; A.S.A. 1947, § 43-2033.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-310 - Short title

This subchapter may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act".
Acts 1959, No. 216, § 10; A.S.A. 1947, § 43-2034.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 3 - UNIFORM RENDITION OF PRISONERS AS WITNESSES IN CRIMINAL PROCEEDINGS ACT (§§ 16-43-301 — 16-43-312) › Section 16-43-311 - Severability

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 the provisions of this subchapter are severable.
Acts 1959, No. 216, § 11; A.S.A. 1947, § 43-2034n.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 4 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE IN CRIMINAL CASES (§§ 16-43-401 — 16-43-409) › Section 16-43-403 - Witness from another state

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 material witness in a prosecution or proceeding pending in a court of record in this state, or in a grand jury or prosecuting attorney's investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall be tendered the sum of twelve cents (12¢) a mile for each mile by the ordinary traveled route or the actual expenses of travel, lodging, and meals to and from the court where the prosecution or proceeding is pending or the grand jury or prosecuting attorney's investigation is being conducted and twenty-five dollars ($25.00) for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Acts 1935, No. 65, § 2; Pope's Dig., § 3943; Acts 1953, No. 352, § 1; 1977, No. 453, § 2; A.S.A. 1947, § 43-2006.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 4 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE IN CRIMINAL CASES (§§ 16-43-401 — 16-43-409) › Section 16-43-404 - Witnesses immune from arrest

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 matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in a criminal prosecution in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Acts 1935, No. 65, § 3; Pope's Dig., § 3944; A.S.A. 1947, § 43-2007.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 4 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE IN CRIMINAL CASES (§§ 16-43-401 — 16-43-409) › Section 16-43-405 - Uniformity of interpretation

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.
Acts 1935, No. 65, § 4; A.S.A. 1947, § 43-2008.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 4 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE IN CRIMINAL CASES (§§ 16-43-401 — 16-43-409) › Section 16-43-406 - Short title - Uniform Act

This subchapter may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases".
Acts 1935, No. 65, § 5; A.S.A. 1947, § 43-2009.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 4 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE IN CRIMINAL CASES (§§ 16-43-401 — 16-43-409) › Section 16-43-407 - Repealer

All acts or parts of acts inconsistent with this subchapter are hereby repealed.
Acts 1935, No. 65, § 6; A.S.A. 1947, § 43-2009n.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 4 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE IN CRIMINAL CASES (§§ 16-43-401 — 16-43-409) › Section 16-43-409 - Effective date

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 means be provided whereby the attendance of witnesses from without the state may be had, an emergency is hereby declared and this subchapter shall become operative and in effect and be in force from and after its passage.
Acts 1935, No. 65, § 7; A.S.A. 1947, § 43-2009n.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 5 - COMPETENCY - CRIMINAL PROCEEDINGS (§§ 16-43-501 — 16-43-503) › Section 16-43-501 - Accused as witness

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 failure of the person so charged to make such a request shall not create any presumption against him.
Acts 1885, No. 82, § 1, p. 126; C. & M. Dig., § 3123; Pope's Dig., § 3957; A.S.A. 1947, § 43-2016.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 5 - COMPETENCY - CRIMINAL PROCEEDINGS (§§ 16-43-501 — 16-43-503) › Section 16-43-502 - Joint defendant as witness

When two (2) or more persons are indicted in the same indictment, each defendant may testify in behalf of, or against, the other defendants.
Acts 1893, No. 89, § 1, p. 157; C. & M. Dig., § 3124; Pope's Dig., § 3958; A.S.A. 1947, § 43-2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 5 - COMPETENCY - CRIMINAL PROCEEDINGS (§§ 16-43-501 — 16-43-503) › Section 16-43-503 - Party injured as witness

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.
Rev. Stat., ch. 45, § 166; C. & M. Dig., § 3121; Pope's Dig., § 3955; A.S.A. 1947, § 43-2018.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 6 - IMMUNITY - CRIMINAL PROCEEDINGS (§§ 16-43-601 — 16-43-606) › Section 16-43-601 - Definitions

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)
"Prosecuting attorney" means the prosecuting attorney for the judicial district of this state in which the proceeding is or may be held and includes his duly appointed deputies.
Acts 1973, No. 561, § 1; A.S.A. 1947, § 28-531.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 6 - IMMUNITY - CRIMINAL PROCEEDINGS (§§ 16-43-601 — 16-43-606) › Section 16-43-602 - Penalty

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. Each refusal of the witness to so testify shall constitute a separate offense.
Acts 1973, No. 561, § 5; A.S.A. 1947, § 28-535; Acts 2005, No. 1994, § 396.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 6 - IMMUNITY - CRIMINAL PROCEEDINGS (§§ 16-43-601 — 16-43-606) › Section 16-43-603 - Immunity generally

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 witness an order issued under this subchapter, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. However, no testimony or other information compelled under the order, or any other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
Acts 1973, No. 561, § 2; A.S.A. 1947, § 28-532.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 6 - IMMUNITY - CRIMINAL PROCEEDINGS (§§ 16-43-601 — 16-43-606) › Section 16-43-604 - Issuance of order to testify

(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 shall issue, in accordance with subsection (b) of this section and upon the request of the prosecuting attorney for the district, an order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in this subchapter.
(b)
A prosecuting attorney may request an order under subsection (a) of this section when, in his judgment:
(1)
The testimony or other information from the individual may be necessary to the public interest; and
(2)
The individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
Acts 1973, No. 561, § 3; A.S.A. 1947, § 28-533; Acts 1995, No. 1296, § 62.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 6 - IMMUNITY - CRIMINAL PROCEEDINGS (§§ 16-43-601 — 16-43-606) › Section 16-43-605 - Court order approving grant of immunity - Granting of immunity only after refusal to testify

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 to answer questions or has requested immunity before answering questions.
Acts 1973, No. 561, § 4; A.S.A. 1947, § 28-534.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 6 - IMMUNITY - CRIMINAL PROCEEDINGS (§§ 16-43-601 — 16-43-606) › Section 16-43-606 - Limitation on immunity

An individual who has once been granted immunity under the provisions of this subchapter for an offense in connection with which his testimony has been sought shall not again be granted immunity under this subchapter in connection with any subsequent offenses.
Acts 1973, No. 561, § 6; A.S.A. 1947, § 28-536.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 7 - [Repealed] EXAMINATION (§§ 16-43-701 — 16-43-703) › Section 16-43-701 - [Repealed]

Repealed by Act 2013, No. 1148,§ 8, eff. 8/16/2013.
Civil Code, § 659; C. & M. Dig., § 4192; Pope's Dig., § 5203; A.S.A. 1947, § 28-701.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 7 - [Repealed] EXAMINATION (§§ 16-43-701 — 16-43-703) › Section 16-43-702 - [Repealed]

Repealed by Act 2013, No. 1148,§ 8, eff. 8/16/2013.
Civil Code, § 651; C. & M. Dig., § 4184; Pope's Dig., § 5194; A.S.A. 1947, § 28-704.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 7 - [Repealed] EXAMINATION (§§ 16-43-701 — 16-43-703) › Section 16-43-703 - [Repealed]

Repealed by Act 2013, No. 1148,§ 8, eff. 8/16/2013.
Civil Code, § 657; C. & M. Dig., § 4190; Pope's Dig., § 5200; A.S.A. 1947, § 28-710.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 8 - COMPENSATION (§§ 16-43-801 — 16-43-806) › Section 16-43-801 - Witness fees generally

Witnesses shall be allowed compensation as follows:
(1)
For attendance before any circuit court, arbitration, auditor, commissioner, or other persons in civil cases, five dollars ($5.00) per day; and
(2)
For attendance in criminal cases, five dollars ($5.00) per day.
Acts 1875, No. 77, § 39, p. 167; C. & M. Dig., § 4611; Pope's Dig., § 5700; Acts 1969, No. 157, § 1; 1975, No. 344, § 1; A.S.A. 1947, § 28-524; Acts 2005, No. 1994, § 264.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 8 - COMPENSATION (§§ 16-43-801 — 16-43-806) › Section 16-43-802 - Witness fees in county and probate courts

Witnesses, duly summoned, shall be allowed for their attendance as such before either county or probate courts the sum of one dollar ($1.00) for each day's attendance, to be taxed as other costs and paid by the unsuccessful party.
Acts 1885, No. 121, § 2, p. 198; C. & M. Dig., § 4611; Pope's Dig., § 5700; A.S.A. 1947, § 28-525.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 8 - COMPENSATION (§§ 16-43-801 — 16-43-806) › Section 16-43-804 - Proof of attendance

(a)
Every account for attendance of a witness shall be sworn to and shall state that he or she was summoned to attend as a witness in the cause upon which the charge is made, shall state the number of days he or she attended, and, if the witness was summoned outside the limits of the county in which he or she resides, shall state the number of miles he or she traveled in consequence of the summons.
(b)
Every witness shall prove his or her attendance before any court, whether the case is determined or not, before the clerk of the court before which he or she may be summoned to appear.
Acts 1875, No. 77, §§ 43, 45, p. 167; C. & M. Dig., §§ 4615, 4616; Pope's Dig., §§ 5704, 5705; A.S.A. 1947, §§ 28-528, 28-529; Acts 2003, No. 1185, § 183.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 8 - COMPENSATION (§§ 16-43-801 — 16-43-806) › Section 16-43-805 - Fee for ferriage

Witnesses who leave home and attend any court in pursuance of a subpoena shall be allowed the amount necessarily paid out for crossing any ferry or toll bridge in going to and returning from the court.
Acts 1875, No. 77, § 46, p. 167; C. & M. Dig., § 4617; Pope's Dig., § 5706; A.S.A. 1947, § 28-530.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 8 - COMPENSATION (§§ 16-43-801 — 16-43-806) › Section 16-43-806 - State employee as a witness

(a)
If a state employee is subpoenaed as a witness to give a deposition or testimony at a hearing in state or federal court or before any body with power to issue a subpoena, the state employee is:
(1)
Entitled to retain any witness fees that may be tendered to him or her under state or federal law or court rules only if:
(A)
The matter is outside the employee's scope of state employment; or
(B)
The employee is a party to the matter other than as a representative of the state employer; and
(2)
Entitled to retain any mileage fees that may be tendered to him or her under state or federal law or court rules only if the matter is:
(A)
Within the employee's scope of state employment and the employee uses a personal vehicle for travel in obeying the subpoena and the employee's employer does not reimburse the employee for travel expenses; or
(B)
Outside the employee's scope of state employment and the employee does not use a state-owned vehicle for travel in obeying the subpoena.
(b)
If the state employee is subpoenaed for purposes under subsection (a) of this section to appear on a nonwork day, the employee may retain any witness and mileage fees tendered to him or her.
Acts 2005, No. 1845, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 11 - DISCLOSURES OF GENETIC INFORMATION (§ 16-43-1101) › Section 16-43-1101 - Compulsory disclosure

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 accordance with court-ordered paternity testing in a civil action to determine paternity;
(2)
The individual whose genetic information is requested is a party to the proceeding and the genetic information is at issue;
(3)
The genetic information is for use in a law enforcement investigation or criminal trial; or
(4)
The genetic information is for use in a law enforcement investigation where an insurer is reporting fraud or criminal activity.
Acts 2001, No. 1222, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 12 - SAFEGUARDS FOR ABUSED AND NEGLECTED CHILDREN ACT (§§ 16-43-1201 — 16-43-1202) › Section 16-43-1201 - Title

This subchapter shall be known and may be cited as the "Safeguards for Abused and Neglected Children Act".
Acts 2007, No. 703, § 15.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 43 - WITNESSES GENERALLY (§§ 16-43-101 — 16-43-1202) › Subchapter 12 - SAFEGUARDS FOR ABUSED AND NEGLECTED CHILDREN ACT (§§ 16-43-1201 — 16-43-1202) › Section 16-43-1202 - Safeguards for child victims testifying in judicial and administrative proceedings

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 proceeding or administrative proceeding;
(2)
The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain:
(A)
The oath that will be administered to the child; and
(B)
That the judge will determine whether the child is competent to testify;
(3)
The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain to the child that if the child does not understand a question while testifying in the judicial proceeding or administrative proceeding, the child has a right to say that he or she does not understand the question;
(4)
The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify at a time of day when the child is most alert and best able to understand questions posed in court;
(5)
If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a comfort item when testifying in a judicial or administrative proceeding;
(6)
If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a support person present when the child testifies in a judicial proceeding or an administrative proceeding;
(7)
The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney shall consider the effect upon the child when the child is subjected to argumentative or harassing questions and shall make the proper objections when appropriate to ensure that the child is not subjected to argumentative or harassing questioning; and
(8)
The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify remotely using closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably.
Amended by Act 2021, No. 1026,§ 2, eff. 7/28/2021.
Acts 2007, No. 703, § 15.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 4 - EVIDENCE AND WITNESSES (§§ 16-40-101 — 16-47-218) › Chapter 44 - DEPOSITIONS (§§ 16-44-101 — 16-44-203) › Subchapter 2 - CRIMINAL PROCEEDINGS (§§ 16-44-201 — 16-44-203) › Section 16-44-201 - Authorization for deposition generally - Manner of taking - Use

(a)
The court or judge in vacation, or a Justice of the Supreme Court, may authorize either party to take the deposition of a material witness where there are reasonable grounds to apprehend that, before trial, the witness will die, will become mentally incapable of giving testimony or physically incapable of attending the trial, or will become a nonresident of the state. The materiality of the testimony and the reason for taking the deposition shall be shown by affidavit.
(b)
The court or judge shall, by written order, prescribe the manner of taking the deposition whether by interrogatories or upon notice to the parties.
(c)
Upon the death of the witness, or upon his becoming mentally incapable of testifying or a nonresident of the state and absent therefrom so that he could not be summoned, the deposition taken in pursuance of such order may be read as evidence, provided that the grounds of nonresidence and absence from the state shall not be sufficient unless the party wishing to use the deposition makes an affidavit that he has tried in good faith to procure the attendance of such witness and been unable to do so.
Crim. Code, § 154; C. & M. Dig., §§ 3112-3115; Pope's Dig., §§ 3946-3949; Acts 1979, No. 1022, § 1; A.S.A. 1947, § 43-2011.