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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-43-212. Criminal proceedings--Issuance of subpoenas pursuant to investigations

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) The prosecuting attorneys and their deputies may issue subpoenas in all criminal matters they are investigating and may administer oaths for the purpose of taking the testimony of witnesses subpoenaed before them. Such oath when administered by the prosecuting attorney or his or her deputy shall have the same effect as if administered by the foreman of the grand jury. The subpoena shall be substantially in the following form:

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

________________________________________________

Prosecuting Attorney

By _____________________________________________

________________________________________________

Deputy Prosecuting Attorney”

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

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

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-43-212. Criminal proceedings--Issuance of subpoenas pursuant to investigations - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-43-212/

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