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Current as of March 28, 2024 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-43-806. State employee as a witness - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-43-806/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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