How to Domesticate an Out-of-State Subpoena in Arkansas
- Mar 20, 2023
- 2 min read
Updated: Feb 25
Enforcing an out-of-state subpoena in Arkansas requires adherence to state laws and procedures. Arkansas has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which simplifies the process of subpoena domestication for legal professionals seeking discovery from witnesses or entities within the state.
Understanding Subpoena Domestication
A subpoena issued in another state does not automatically have legal authority in Arkansas. To be enforceable, it must be domesticated through Arkansas’s judicial system, ensuring it complies with state jurisdictional and procedural requirements.
Arkansas Law on Subpoena Domestication
Arkansas follows the UIDDA under Arkansas Code § 16-43-201, providing a streamlined process for obtaining discovery in the state. This allows attorneys to obtain an Arkansas subpoena without the need for filing a motion or appearing in court.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Arkansas
1. Obtain a Valid Subpoena from the Issuing State
Before initiating domestication in Arkansas, ensure that the original subpoena is properly issued in compliance with the laws of the originating jurisdiction. The subpoena should explicitly detail the requested testimony, documents, or evidence.
2. Submit the Foreign Subpoena to an Arkansas Court Clerk
Under Arkansas Code § 16-43-201, the subpoena must be submitted to the clerk of the circuit court in the county where discovery is sought. The clerk will then issue an Arkansas subpoena that mirrors the terms of the original subpoena, ensuring compliance with Arkansas Rules of Civil Procedure Rule 45.
3. Ensure Compliance with Arkansas’s Subpoena Requirements
The newly issued Arkansas subpoena must adhere to state legal requirements, including:
Providing reasonable time for compliance (Arkansas R. Civ. P. 45(c)).
Avoiding undue burden or expense on the subpoenaed party (Arkansas R. Civ. P. 45(d)).
Conforming to Arkansas’s discovery limitations and procedural rules.
4. Serve the Subpoena Properly
The Arkansas subpoena must be served according to Arkansas Rule of Civil Procedure 4. Service may be completed by:
A licensed process server
The county sheriff
An individual authorized under Arkansas R. Civ. P. 4(d)
Proper documentation of service must be maintained for legal enforceability.
5. Handling Objections and Compliance Issues
Under Arkansas R. Civ. P. 45, the recipient of the subpoena has the right to file objections based on legal grounds such as privilege, undue hardship, or lack of relevance. If a dispute arises, the requesting party may need to seek court intervention through a motion to compel compliance.
6. Enforcing Compliance or Filing a Motion to Compel
If the subpoenaed party fails to comply, the requesting party may file a motion to compel in the appropriate Arkansas circuit court. Courts may impose penalties, including contempt charges, for failure to adhere to a properly issued subpoena.
Why Choose Served 123 LLC for Subpoena Domestication in Arkansas?
Successfully domesticating an out-of-state subpoena in Arkansas requires legal expertise and procedural accuracy. Served 123 LLC specializes in subpoena domestication and process serving in Arkansas, ensuring full compliance with Arkansas Code § 16-43-201 and Arkansas Rules of Civil Procedure Rule 45.
Our experienced team streamlines the process, minimizing delays and ensuring a legally sound approach.
Consider Served 123 LLC for professional and efficient subpoena domestication services in Arkansas. Contact us today to get started!
