reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-105 - Drawing for petit jurors

(a)
(1)
After the names have been placed in the wheel or box and not less than fifteen (15) days prior to the first jury trial in the year for which the prospective jurors have been selected, the circuit judge shall enter an order which shall be spread of record stating a time and place for the initial drawing for the names of petit jurors from the wheel or box.
(2)
At the time and place designated, the wheel or box shall be unlocked in open court.
(3)
After the names have been thoroughly mixed, the circuit judge shall cause to be drawn the number of names which in his or her opinion shall be necessary to provide a panel of qualified petit jurors for the trial of cases, after excuses from attendance have been granted to those who are entitled to be excused.
(4)
As the names are drawn, they shall be recorded in the same order by the circuit clerk in a book to be provided for that purpose, and if the name of any person known to have died or found by the court upon inquiry to be unfit and disqualified under §
16-31-102(a)
is drawn, that name shall be put aside and not used and a notation of the discarding of the name and reason therefor shall be made in the jury book.
(5)
The same procedures outlined in this section shall be followed in the event all of the jurors whose names are listed in the jury book shall be excused from further service.
(b)
The drawing and recording of jurors under subdivisions (a)(1)-(5) of this section may be accomplished by a computerized random jury selection process.
Acts 1975, No. 485, § 3; A.S.A. 1947, § 39-209.1; Acts 2005, No. 87, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-106 - Summons of petit jurors

(a)
The persons whose names have been selected under §
16-32-105
shall be summoned to appear on a date set by the court to answer questions concerning their qualifications and unless excused or disqualified, to serve the required number of days or for the maximum period during the calendar year for which selected unless sooner discharged.
(b)
Jurors shall be summoned by the court or by the sheriff, as the court directs, by:
(1)
A notice dispatched by first-class mail;
(2)
Notice given personally on the telephone; or
(3)
Service of summons personally or by such other method as is permitted or prescribed by law.
(c)
(1)
(A)
If a notice is dispatched by first-class mail, the prospective jurors shall be given a date certain to contact the sheriff or the court to confirm receipt of the notice.
(B)
Not later than five (5) days before the prospective juror is to appear, the sheriff or the court shall contact the prospective juror if the prospective juror has failed to acknowledge receipt of the notice.
(C)
The court shall have discretion to determine whether the sheriff or the court will be the prospective juror's primary contact.
(2)
A notice dispatched by first-class mail shall be sent on a form approved by the Administrative Office of the Courts or it shall include the following language:
"You are hereby notified that you have been chosen as a prospective juror. You must notify the sheriff [or the court] on or before ...............(date) ...............to confirm that you have received this notice. If you do not notify the sheriff [or the court] to confirm this notice, the sheriff [or the court] will contact you and there will be added cost. Please call the sheriff [or the court] at ...............(phone number) ................"
(d)
Unless excused by the circuit judge, a juror who has been legally summoned and who shall fail to attend on any date when directed to do so may be fined in any sum not less than five dollars ($5.00) nor more than five hundred dollars ($500). However, nothing in this subsection shall be construed to limit the inherent power of the court to punish for contempt. All excuses granted by the circuit judge shall be noted in the jury book or the computer program described in §
16-32-103
.
Acts 1969, No. 568, §§ 18, 19; A.S.A. 1947, §§ 39-210, 39-211; Acts 1989, No. 892, § 1; 2005, No. 87, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-107 - Excess number of jurors drawn and listed

(a)
Whenever it shall appear that the names of more jurors have been drawn and listed in the jury book than are needed for jury service at the current or at any subsequent session of the court, the judge, if the jurors are present in court, shall designate the number of jurors required, the names of whom shall be taken from the jury book in the same order as they appear thereon.
(b)
If the jurors are not present in court, the judge shall direct the sheriff to summon the number of jurors needed, the names of whom shall be taken from the jury book in the same order as they appear thereon, exempting those who have been excused from attendance.
(c)
Persons whose names are drawn and recorded in the jury book shall not be disqualified from further duty as provided for in §
16-31-104(a)
until they have been required to report for jury service and sworn therefor.
Acts 1969, No. 568, § 21; 1985, No. 1066, § 2; A.S.A. 1947, § 39-213.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-108 - Additional jurors

(a)
(1)
If at any time it appears that a sufficient number of qualified jurors are not available to try scheduled cases, additional names may be drawn and recorded in the jury book in open court or randomly selected by computer program described in §
16-32-103
. These jurors shall be summoned as provided in §
16-32-106(b)
.
(2)
(A)
The circuit judge may direct the circuit clerk who selected the original names placed in the jury wheel or box to submit the names and last known addresses of additional registered voters whom the circuit clerk shall select in the manner provided by §
16-32-103(a)
-(d).
(B)
These names and addresses shall be placed by the circuit clerk within the jury wheel or box when it is next unlocked in open court and prior to any additional drawing of jurors, and a master list shall be presented to the court as provided in §
16-32-103(a)
-(d).
(b)
The drawing and recording of additional jurors pursuant to subdivisions (a)(1) and (2) of this section may be accomplished by a computerized random jury selection process.
Amended by Act 2017, No. 600,§ 5, eff. 8/1/2017.
Acts 1975, No. 485, § 4; A.S.A. 1947, § 39-212.1; Acts 2005, No. 87, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-109 - Selection upon challenge by litigant

(a)
(1)
A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case.
(2)
(A)
If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by §
16-32-103(a)
-(d).
(B)
The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause.
(3)
If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause.
(b)
(1)
A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury.
(2)
In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.
Amended by Act 2017, No. 600,§ 6, eff. 8/1/2017.
Acts 1969, No. 568, § 23; 1975, No. 485, § 5; A.S.A. 1947, §§ 39-214.1, 39-215.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-110 - Electronic random selection

Beginning January 1, 1998, and thereafter, during every step in the procedure for the selection of grand jurors and petit jurors, electronic devices or mechanical devices shall be utilized to assure the random selection of all jury panels.
Acts 1997, No. 1021, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-111 - Confidentiality of juror information - Definition

(a)
As used in this section, "juror information" means:
(1)
An original or a copy of a list of potential jurors;
(2)
A list of potential jurors who were sworn and qualified;
(3)
Any response to a juror questionnaire; and
(4)
A list of an individual venire panel.
(b)
Upon application by any person and findings on the record for good cause, any juror information submitted to a circuit court or circuit clerk from which the identity of a particular juror can be determined is confidential and shall not be released or otherwise made available except:
(1)
To any attorney eligible to represent a party in a proceeding before the circuit court;
(2)
To a party appearing pro se in a proceeding before the circuit court and limited to the juror information relevant to that particular proceeding;
(3)
For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; or
(4)
To a grand jury or court upon a finding that the juror information is necessary for the determination of an issue before the grand jury or court.
(c)
(1)
The circuit clerk shall require a signed receipt from any person who receives juror information under subsection (b) of this section.
(2)
The signed receipt shall be maintained in the jury records of the circuit clerk.
(d)
(1)
Except as provided in subdivision (d)(2) of this section, no person to whom disclosure is made under this section may disclose to any other person juror information obtained under this section.
(2)
Disclosure of juror information may be made to the following persons without violating subdivision (d)(1) of this section:
(A)
A client or a legally authorized representative of a client of an attorney who receives the juror information;
(B)
An employee of an attorney who receives the juror information;
(C)
An attorney associated with an attorney who receives the juror information; or
(D)
A person with whom an attorney or a party appearing pro se who receives the juror information may consult or confer regarding potential jurors in a specific case.
(e)
A disclosure of juror information in violation of this section is a Class C misdemeanor.
Acts 2007, No. 226, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 2 - CRIMINAL PROCEEDINGS (§§ 16-32-201 — 16-32-203) › Section 16-32-202 - Selection, summons, and composition of trial generally

(a)
The jurors for the trial of criminal prosecutions shall be selected and summoned as provided by law.
(b)
(1)
Juries shall be composed of twelve (12) jurors.
(2)
However, cases other than felonies may be tried by a jury of fewer than twelve (12) jurors by agreement of the parties.
Crim. Code, § 191; C. & M. Dig., § 3142; Pope's Dig., § 3977; A.S.A. 1947, § 43-1901; Acts 1993, No. 592, § 1; 1995, No. 1296, § 61.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 2 - CRIMINAL PROCEEDINGS (§§ 16-32-201 — 16-32-203) › Section 16-32-203 - Selection for misdemeanor trial

The jury, for the trial of all prosecutions for misdemeanors, shall be selected in the following manner:
(1)
Each party shall have three (3) peremptory challenges, which may be made orally; and
(2)
(A)
The court shall cause the names of twenty-four (24) competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of eighteen (18) jurors shall be drawn and entered on a list in the order in which they were drawn, and numbered.
(B)
Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so stricken to the judge, who shall strike from the original list the names struck from the copies.
(C)
The first twelve (12) names remaining on the original list shall constitute the jury.
Crim. Code, § 192; C. & M. Dig., § 3143; Pope's Dig., § 3978; A.S.A. 1947, § 43-1902; Acts 1993, No. 592, § 2; 1995, No. 1296, § 61.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 3 - ENHANCED PROSPECTIVE JUROR POOL (§§ 16-32-301 — 16-32-304) › Section 16-32-301 - Enhanced prospective juror pool

(a)
The pool of names from which prospective jurors are chosen may be expanded from the list of registered voters to include the list of licensed drivers and persons issued an identification card under §
27-16-805
.
(b)
The qualifications for serving on a jury under §
16-31-101
and the disqualifications under §
16-31-102
shall apply to the enhanced prospective juror pool permitted under subsection (a) of this section.
Acts 2003, No. 1404, § 1; 2005, No. 87, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 3 - ENHANCED PROSPECTIVE JUROR POOL (§§ 16-32-301 — 16-32-304) › Section 16-32-303 - Judicial determination of need for expanded list

(a)
The administrative circuit judge for each county shall determine that either the list of registered voters or the enhanced list, but not both, shall be utilized in the selection of all prospective jurors for all circuit court divisions within the county, based upon a consideration of whether the use of registered voters creates a sufficient pool for the selection of jurors to offer an adequate cross section of the community.
(b)
If the judge determines that the enhanced prospective juror list, as described in §
16-32-302
, should be used by the county, then the judge on or before October 1 shall inform the circuit clerk who shall notify the Secretary of State and the Administrative Office of the Courts that the enhanced list will be requested for the county.
Acts 2003, No. 1404, § 3; 2005, No. 87, § 10.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 3 - ENHANCED PROSPECTIVE JUROR POOL (§§ 16-32-301 — 16-32-304) › Section 16-32-304 - List of disqualifications not affected

This subchapter shall not affect the list of disqualifications from jury service found in §
16-31-102
.
Acts 2003, No. 1404, § 5[4].
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 1 - GENERAL PROVISIONS (§ 16-33-101) › Section 16-33-101 - Examination of prospective jurors

(a)
In all cases, both civil and criminal, the court shall examine all prospective jurors under oath upon all matters set forth in the statutes as disqualifications.
(b)
Further questions may be asked by the court or by the attorneys in the case, in the discretion of the court.
(c)
(1)
(A)
(i)
If a court utilizes prospective juror questionnaires, the questionnaires may request a prospective juror's mailing or residential address or phone number.
(ii)
However, the address and phone number shall be redacted from the questionnaires before providing completed questionnaires to the attorneys for the parties.
(B)
The attorneys for the parties shall be precluded from asking for that information during voir dire.
(C)
However, the attorneys or the court may ask a prospective juror his or her city or town of residence.
(2)
Except as provided in §
13-4-302
, nothing in this section shall preclude the clerk of the court from keeping and maintaining records of potential jurors that contain mailing or residential addresses or phone numbers.
Init. Meas. 1936, No. 3, § 16, Acts 1937, p. 1384; Pope's Dig., § 3996; A.S.A. 1947, § 39-226; Acts 2001, No. 210, § 1; 2005, No. 87, § 11; 2007, No. 226, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 2 - CIVIL PROCEEDINGS (§§ 16-33-201 — 16-33-203) › Section 16-33-201 - Challenge to the array

A challenge to the array shall be decided by the court.
Civil Code, § 345; C. & M. Dig., § 6379; Pope's Dig., § 8341; A.S.A. 1947, § 39-227.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 2 - CIVIL PROCEEDINGS (§§ 16-33-201 — 16-33-203) › Section 16-33-202 - Challenge for cause

(a)
A challenge for cause shall be decided by the court, and, in order to determine the challenge, the particular juror challenged may be sworn, or, at the instance of either party, all of the jurors may be sworn to make true and perfect answers to such questions as may be demanded of them, touching their qualifications as jurors.
(b)
The court may allow other testimony in regard to the qualifications of any juror.
Civil Code, § 346; C. & M. Dig., § 6380; Pope's Dig., § 8342; A.S.A. 1947, § 39-228.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 2 - CIVIL PROCEEDINGS (§§ 16-33-201 — 16-33-203) › Section 16-33-203 - Peremptory challenges - Panel

(a)
Each party shall have three (3) peremptory challenges, which may be made orally.
(b)
(1)
However, if either party desires a panel, the court shall cause the names of twenty-four (24) competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of eighteen (18) shall be drawn and entered on a list in the order in which they were drawn, and numbered.
(2)
Each party shall be furnished with a copy of the list, from which each may strike the names of three (3) jurors and return the list so struck to the judge, who shall strike from the original list the names so stricken from the copies, and the first twelve (12) names remaining on the original list shall constitute the jury.
Civil Code, § 347; C. & M. Dig., §§ 6381, 6383, 6384; Pope's Dig., §§ 8343, 8345, 8346; A.S.A. 1947, § 39-229.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-301 - Challenge to grand juror

(a)
Every person held to answer a criminal charge may object to the competency of anyone summoned to serve as a grand juror, before he is sworn, on the ground that he is the prosecutor or complainant upon any charge against the person or that he is a witness on the part of the prosecution and has been summoned or bound in a recognizance as such.
(b)
If the objection is established, the person so challenged shall be set aside and another juror summoned.
Rev. Stat. ch. 45, § 60; C. & M. Dig., § 3005; Pope's Dig., § 3827; A.S.A. 1947, § 43-902.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-302 - Challenge to trial jurors generally

A challenge is an objection to the trial jurors and is of two (2) kinds:
(1)
To the panel;
(2)
To the individual juror.
Crim. Code, § 199; C. & M. Dig., § 3151; Pope's Dig., § 3986; A.S.A. 1947, § 43-1910.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-303 - Challenge to trial jurors - Individual juror generally

(a)
The challenge to the individual juror is:
(1)
For cause;
(2)
Peremptory.
(b)
The challenge must be taken before he is sworn in chief, but the court, for a good cause, may permit it to be made at any time before the jury is completed.
(c)
The challenge to the juror shall first be made by the state and then by the defendant, and the state must exhaust its challenges to each particular juror before the juror is passed to the defendant for challenge or acceptance.
Crim. Code, §§ 203, 204, 216; C. & M. Dig., §§ 3153, 3154, 3164; Pope's Dig., §§ 3988, 3989, 4000; A.S.A. 1947, §§ 43-1913, 43-1914, 43-1924.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-304 - Challenge to trial jurors - Individual juror for cause

(a)
The challenge for cause may be taken either by the state or by the defendant.
(b)
It may be general, that the juror is disqualified in serving in any case, or particular, that he is disqualified from serving in the case on trial.
(1)
Causes of general challenge are:
(A)
A want of the qualifications prescribed by law;
(B)
A conviction for a felony;
(C)
Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of properly performing the duties of a juror.
(2)
Particular causes of challenge are actual and implied bias.
(A)
Actual bias is the existence of such a state of mind on the part of the juror, in regard to the case or to either party, as satisfies the court, in the exercise of a sound discretion, that he cannot try the case impartially and without prejudice to the substantial rights of the party challenging.
(B)
A challenge for implied bias may be taken in the case of the juror:
(i)
Being related by consanguinity, or affinity, or who stands in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, employer and employed on wages, or who is a member of the family of the defendant or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted;
(ii)
Being adverse to the defendant in a civil suit, or having complained against or being accused by him in a criminal prosecution;
(iii)
Having served on the grand jury that found the indictment or on the coroner's jury that inquired into the death of the party, whose death is the subject of the indictment;
(iv)
Having served on a trial jury which has tried another person for the offense charged in the indictment;
(v)
Having been one of the former jury sworn to try the same indictment and whose verdict was set aside, or who were discharged without a verdict;
(vi)
Having served as a juror in a civil action brought against the defendant for the act charged in the indictment;
(vii)
When the offense is punishable with death, the entertaining of such conscientious opinions as would preclude him from finding the defendant guilty.
(c)
An exemption from serving on a jury is not a cause of challenge. Having formed or expressed an opinion merely from rumor shall not be a cause of challenge.
Crim. Code §§ 207-212, 218; C. & M. Dig., §§ 3156-3160, 3163; Pope's Dig., §§ 3990-3995, 3999; A.S.A. 1947, §§ 43-1915 -- 43-1920, 43-1923.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-305 - Challenge to trial jurors - Individual juror - Peremptory

(a)
The state shall be entitled to ten (10) peremptory challenges in prosecutions for capital murder, to six (6) peremptory challenges in prosecutions for all other felonies, and to three (3) peremptory challenges in prosecutions for misdemeanors.
(b)
The defendant shall be entitled to twelve (12) peremptory challenges in prosecutions for capital murder, to eight (8) peremptory challenges in prosecutions for all other felonies, and to three (3) peremptory challenges in prosecutions for misdemeanors.
Init. Meas. 1936, No. 3, §§ 17, 18, Acts 1937, p. 1384; Pope's Dig., §§ 3997, 3998; Acts 1981, No. 115, § 1; A.S.A. 1947, §§ 43-1921, 43-1922.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-306 - Challenge to trial jurors - Order

The challenges of either party need not be all taken together, but may be taken separately, in the following order:
(1)
To the panel;
(2)
To the individual juror for general disqualification;
(3)
To the individual juror for implied bias;
(4)
To the individual juror for actual bias;
(5)
Peremptory.
Crim. Code, § 217, C. & M. Dig., § 3165; Pope's Dig., § 4001; A.S.A. 1947, § 43-1925.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-307 - Challenge to trial jurors - Several defendants

When several defendants are tried together, the challenge of any one (1) of the defendants shall be the challenge of all.
Crim. Code, § 200, C. & M. Dig., § 3169; Pope's Dig., § 4005; A.S.A. 1947, § 43-1929.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 33 - EXAMINATION AND CHALLENGE (§§ 16-33-101 — 16-33-308) › Subchapter 3 - CRIMINAL PROCEEDINGS (§§ 16-33-301 — 16-33-308) › Section 16-33-308 - Challenge to trial jurors - Hearing

(a)
Challenges shall be tried and determined by the court in a summary manner, without the issues of law or of fact arising thereon being reduced to writing.
(b)
The juror himself may be examined on oath by either party upon challenge.
(c)
Other witnesses may also be examined and their attendance coerced.
Crim. Code, §§ 213-215; C. & M. Dig., §§ 3166-3168; Pope's Dig., §§ 4002-4004; A.S.A. 1947, §§ 43-1926 -- 43-1928.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 34 - FEES AND EXPENSES (§§ 16-34-101 — 16-34-107) › Section 16-34-103 - Per diem compensation for jurors and prospective jurors

(a)
Any person who receives official notice that he or she has been selected as a prospective juror or who is chosen as a juror is eligible to receive per diem compensation for service if:
(1)
The person actually appears at the location to which the juror or prospective juror was summoned; and
(2)
The person's appearance is duly noted by the circuit clerk.
(b)
(1)
The per diem compensation payable to any person who is eligible for payment under subsection (a) of this section and who is selected and seated to serve as a member of a grand jury or petit jury is fifty dollars ($50.00) per day.
(2)
Any person who is eligible for payment under subsection (a) of this section and who is excused or otherwise not selected and seated as a member of a grand jury or petit jury shall be provided per diem compensation of not less than fifteen dollars ($15.00) as established by ordinance of the county quorum court.
Acts 1953, No. 46, § 2; 1977, No. 320, § 1; A.S.A. 1947, § 39-301; Acts 1999, No. 629, § 1; 2007, No. 1033, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 34 - FEES AND EXPENSES (§§ 16-34-101 — 16-34-107) › Section 16-34-104 - Mileage reimbursement for jurors

In the event and to the extent that a county quorum court adopts by ordinance a policy for reimbursement of mileage costs for jurors, any person who is eligible to receive per diem compensation under §
16-34-103
and whose primary place of residence is outside the city limits of the city where the court that summoned the juror or prospective juror is located may receive, in addition to the per diem compensation, a mileage reimbursement payment for mileage from and to his or her home by the most direct and practicable route at the rate prescribed by the county.
Acts 1911, No. 89, § 2; C. & M. Dig., § 4607; Pope's Dig., § 5696; Acts 1983, No. 169, § 2; A.S.A. 1947, § 39-303; Acts 2007, No. 1033, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 34 - FEES AND EXPENSES (§§ 16-34-101 — 16-34-107) › Section 16-34-106 - Payment by county - Reimbursement by state

(a)
The per diem compensation under §
16-34-103
shall be paid promptly to each juror or prospective juror by a county from funds appropriated for that purpose by the quorum court.
(b)
(1)
(A)
The state shall reimburse a county for a portion of the costs incurred for a payment under §
16-34-103(b)(1)
if the county makes a request under subdivision (b)(3) of this section.
(B)
(i)
If funds are available, the state shall reimburse a county for the cost of a prospective juror orientation for a juror eligible for payment under §
16-34-103(b)(2)
up to fifteen dollars ($15.00) if the county makes a request under subdivision (b)(3) of this section.
(ii)
The reimbursement under this subdivision (b)(1)(B) shall not exceed the minimum per diem compensation under §
16-34-103(b)(2)
.
(2)
The Administrative Office of the Courts shall administer the state reimbursement to a county under subdivision (b)(1) of this section.
(3)
A county may request reimbursement for costs incurred for a payment under §
16-34-103(b)(1)
or §
16-34-103(b)(2)
on a quarterly basis as follows:
(A)
On or before May 1 of each year for costs incurred between January 1 and March 31 of that year;
(B)
On or before August 1 of each year for costs incurred between April 1 and June 30 of that year;
(C)
On or before December 1 of each year for costs incurred between July 1 and September 30 of that year; and
(D)
On or before February 1 of each year for costs incurred between October 1 and December 31 of the prior year.
(4)
The Administrative Office of the Courts shall consult with Arkansas Legislative Audit and shall prescribe the information that shall be documented and certified by a county in order to receive reimbursement under subdivision (b)(1) of this section.
Amended by Act 2017, No. 276,§ 1, eff. 8/1/2017.
Acts 2007, No. 1033, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 34 - FEES AND EXPENSES (§§ 16-34-101 — 16-34-107) › Section 16-34-107 - Donation of per diem compensation and mileage reimbursement

(a)
A person eligible to receive per diem compensation or mileage reimbursement, or both, under this chapter may donate the per diem compensation or mileage reimbursement, or both, that he or she receives to an eligible nonprofit entity.
(b)
(1)
(A)
The Administrative Office of the Courts shall compile a list of eligible nonprofit entities to which a person receiving per diem compensation or mileage reimbursement, or both, under this chapter may make his or her donation under this section.
(B)
(i)
In compiling the list of eligible nonprofit entities described under subdivision (b)(1)(A) of this section, the office shall consult with the Supreme Court and the Arkansas Judicial Council, Inc., to determine the eligible nonprofit entities under this section.
(ii)
The office is encouraged to seek input through public comment while compiling the list of eligible nonprofit entities.
(2)
An eligible nonprofit entity should have as one (1) of its primary goals the providing of:
(A)
Crime victim assistance or counseling;
(B)
Services for abused or neglected children;
(C)
Shelter for victims of domestic violence;
(D)
Services for veterans; or
(E)
Legal education for students seeking a Juris Doctor degree.
(c)
The office shall offer guidance on procedures for making, collecting, and distributing donations under this section.
Added by Act 2021, No. 219,§ 1, eff. 1/1/2022.
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 40 - GENERAL PROVISIONS (§§ 16-40-101 — 16-40-107) › Section 16-40-101 - Burden of proof

(a)
The party holding the affirmative of an issue must produce the evidence to prove it.
(b)
The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.
Civil Code, §§ 578, 579; C. & M. Dig., §§ 4112, 4113; Pope's Dig., §§ 5121, 5122; A.S.A. 1947, §§ 28-101, 28-102.
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 40 - GENERAL PROVISIONS (§§ 16-40-101 — 16-40-107) › Section 16-40-102 - Order of proof

The order of proof shall be regulated by the court so as to expedite the trial and enable the tribunal to obtain a clear view of the whole evidence. However, the party who begins the case must ordinarily exhaust his evidence before the other begins.
Civil Code, § 649; C. & M. Dig., § 4182; Pope's Dig., § 5192; A.S.A. 1947, § 28-103.
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 40 - GENERAL PROVISIONS (§§ 16-40-101 — 16-40-107) › Section 16-40-103 - Modes of taking testimony of witnesses

(a)
The testimony of witnesses is taken in three (3) modes:
(1)
By affidavit;
(2)
By deposition;
(3)
By oral examination.
(b)
An affidavit is a written declaration under oath, made without notice to the adverse party.
(c)
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.
(d)
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.
Civil Code, §§ 596-599; C. & M. Dig., §§ 4195-4198; Pope's Dig., §§ 5206-5209; A.S.A. 1947, §§ 28-104 -- 28-107.
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 40 - GENERAL PROVISIONS (§§ 16-40-101 — 16-40-107) › Section 16-40-104 - Judicial knowledge of laws of other states

The courts of this state shall take judicial knowledge of the laws of other states.
Acts 1901, No. 98, § 1, p. 164; C. & M. Dig., § 4110; Pope's Dig., § 5119; A.S.A. 1947, § 28-109.
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 40 - GENERAL PROVISIONS (§§ 16-40-101 — 16-40-107) › Section 16-40-105 - Death presumed after five years' absence

Any person absenting himself beyond the limits of this state for five (5) years successively shall be presumed to be dead in any case in which his death may come into question, unless proof is made that he was alive within that time.
Rev. Stat., ch. 46, § 1; C. & M. Dig., § 4111; Pope's Dig., § 5120; A.S.A. 1947, § 62-1601.
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 40 - GENERAL PROVISIONS (§§ 16-40-101 — 16-40-107) › Section 16-40-107 - Evidence of sermons by a religious leader - Definitions

(a)
As used in this section:
(1)
"Religious leader or member of the clergy" includes without limitation a:
(A)
Minister;
(B)
Pastor;
(C)
Preacher;
(D)
Priest;
(E)
Nun;
(F)
Rabbi;
(G)
Imam; or
(H)
Layperson who is engaged in the ministering in, instruction of, or teaching of a religion; and
(2)
"Religious organization" means an organization that qualifies as a religious organization under state or federal tax law.
(b)
In a civil action or other civil administrative proceeding to which the state or a local government is a party, the state or the local government may not compel the:
(1)
Production or disclosure of a written copy or an audio or video recording of a sermon, religious instruction, or religious teaching delivered by a religious leader or member of the clergy during religious services of a religious organization; or
(2)
Religious leader or member of the clergy to testify regarding the sermon, religious instruction, or religious teaching described in subdivision (b)(1) of this section.
(c)
This section does not apply to a civil action or other civil administrative proceeding to which the state or a local government is a party and that concerns a legitimate investigation into terrorism-related activities.
Added by Act 2019, No. 816,§ 1, eff. 7/24/2019.
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 41 - UNIFORM RULES OF EVIDENCE (§ 16-41-101) › Section 16-41-101 - [Repealed]

Repealed by Act 2013, No. 1148,§ 2 [
sic
], eff. 8/16/2013.
Acts 1975 (Extended Sess. 1976), No. 1143, § 1; 1985, No. 405, § 1; 1985, No. 462, § 1; reen. Acts 1987, No. 876, § 1; A.S.A. 1947, § 28-1001; Acts 1991, No. 361, § 1; 1992 (1st Ex. Sess.), No. 66, § 1; 1997, No. 794, § 1; 2001, No. 629, § 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 42 - SEXUAL OFFENSES (§§ 16-42-101 — 16-42-103) › Section 16-42-102 - Presence of parent or custodian at proceedings involving minor sexual assault victims

In any prosecution for a sexual offense or inchoate offense to a sexual offense, upon motion of the prosecuting attorney and after notice to opposing counsel, the court may, for good cause shown, allow the presence of the parent, stepparent, guardian, custodian, or other person with custody of an alleged minor victim of a sexual offense or inchoate offense to a sexual offense during the examination and cross-examination of the minor at any hearing, deposition, or trial.
Acts 1985, No. 444, § 1; A.S.A. 1947, § 43-2038.
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 42 - SEXUAL OFFENSES (§§ 16-42-101 — 16-42-103) › Section 16-42-103 - Admissibility of evidence of similar crimes in sexual assault cases

(a)
In a criminal case where the defendant is accused of a sexual assault, evidence of the defendant's commission of another sexual assault is admissible and may be considered for its bearing on any matter to which it is relevant, subject to the circuit court's consideration of the admissibility of any such evidence under Rule 403 of the Arkansas Rules of Evidence.
(b)
In a case where the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence to the defendant or the defendant's attorney if an attorney is representing the defendant, including statements of witnesses or a summary of the substance of any testimony at least forty-five (45) days before the scheduled date of trial or at such later time as the court may allow for good cause.
(c)
This section shall not be construed to limit the admission or consideration of evidence under any rule of the Arkansas Rules of Evidence, the Arkansas Rules of Criminal Procedure, or any law.
(d)
For purposes of this section, the term "sexual assault" includes the following offenses:
(1)
Rape, §
5-14-103
;
(2)
Sexual assault in the first degree, §
5-14-124
; and
(3)
Sexual assault in the second degree, §
5-14-125
.
Acts 2005, No. 536, § 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 1 - GENERAL PROVISIONS (§§ 16-43-101 — 16-43-103) › Section 16-43-101 - Exemption of witnesses from summons when obeying subpoena

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.
Civil Code, § 595; C. & M. Dig., § 4171; Pope's Dig., § 5181; A.S.A. 1947, § 28-521.
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 1 - GENERAL PROVISIONS (§§ 16-43-101 — 16-43-103) › Section 16-43-102 - Privilege from arrest while serving as witness

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, allowing one (1) day for every twenty-five (25) miles from their residence.
Rev. Stat., ch. 158, § 10; C. & M. Dig., § 4159; Pope's Dig., § 5169; A.S.A. 1947, § 28-522.
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 1 - GENERAL PROVISIONS (§§ 16-43-101 — 16-43-103) › Section 16-43-103 - Unlawful arrest - Abatement of suit - Fine

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).
Rev. Stat., ch. 158, § 11; C. & M. Dig., § 4160; Pope's Dig., § 5170; A.S.A. 1947, § 28-523.
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 16-43-203 - Excusing of witness when deposition given

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.
Civil Code, § 608; C. & M. Dig., § 4207; Pope's Dig., § 5219; A.S.A. 1947, § 28-520.
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 16-43-204 - Attendance until discharged or case decided

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 discharged by the court or justice trying the case.
Acts 1845, § 1, p. 44; C. & M. Dig., § 4172; Pope's Dig., § 5182; A.S.A. 1947, § 28-509.
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 16-43-205 - Authorization for officials taking depositions to compel attendance of witnesses

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 attendance in the same manner and under the same penalties as any court of record of this state.
Rev. Stat., ch. 48, § 14; C. & M. Dig., § 4154; Pope's Dig., § 5164; A.S.A. 1947, § 28-504; Acts 2003, No. 1185, § 182.
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 16-43-206 - Discharge of contempt order

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.
Civil Code, §§ 587, 590-592; C. & M. Dig., §§ 4163, 4166-4168; Pope's Dig., §§ 5173, 5176-5178; A.S.A. 1947, §§ 28-512, 28-515 -- 28-517; Acts 2005, No. 1994, § 315.