As of January 1, 2018, there is a new Rule 45.1 in the Arkansas Rules of Civil Procedure.
Rule 45.1 is an implementation of the Uniform Interstate Depositions and Discovery Act. The UIDDA has been enacted in about 40 states.
Under Rule 45.1:
- Procedure:
- An attorney in a pending out-of-state case may have issued a subpoena (for attending a deposition or for records) in the state where the case is pending.
- The attorney may then submit the out-of-state subpoena and an Arkansas subpoena form (with the same terms) to the Arkansas clerk.
- The clerk will then issue the Arkansas subpoena without opening a case. The out-of-state attorney thus does not have to hire Arkansas counsel for the subpoena to be issued.
- Objections. The Arkansas person served with the subpoena may serve a written objection to the subpoena or discovery sought. If that is done, the requesting party must get an order to proceed further.
- Arkansas Jurisdiction. Arkansas jurisdiction is invoked (and an Arkansas case would be opened) if needed to enforce or resolve any issues regarding the subpoena.
- Arkansas Law. The discovery conducted in Arkansas must comply with Arkansas law.
The new rule was announced by the Supreme Court of Arkansas in a December 7, 2017 per curiam opinion (2017 Ark. 356).
Links updated: 12-28-2019