The Arkansas subpoena form is the official Rule 45 document used in Circuit Court cases to command a person to appear and testify, to produce documents, or both. You can get it from the Circuit Court Clerk in the county where the case is pending, or download it from the Arkansas Judiciary’s website.1Arkansas Courts. Subpoena Form, Arkansas Rule of Civil Procedure 45 The form works only if you complete it correctly, have the right person issue it, and serve it in the exact way Rule 45 requires, including handing the witness their fees at the moment of delivery.
Pick the Right Type Before You Fill Anything In
The same form covers two different commands, and you tell the recipient which one applies by checking the appropriate box.
A standard subpoena orders a specific person to appear at a set date, time, and place to give sworn testimony. That could be a deposition, a pretrial hearing, or the trial itself.
A subpoena duces tecum commands the person to produce documents, electronically stored information, or other tangible items. You can require documents only, or combine testimony and production in a single subpoena. If you want documents, list them with enough specificity that the recipient knows exactly what to gather. Vague requests invite objections.2Arkansas Courts. Subpoena in a Civil Case
What Goes on the Form
The form has fields for the case caption (court name, full names of all parties, and the official case number), the full name and address of the person being subpoenaed, and the date, time, and location where they must appear or deliver the documents. For a duces tecum, you also include a detailed description of every document, record, or item you want produced.
Who Issues It
A filled-out form has no legal force until it is issued. In Arkansas, only two people can issue a subpoena: the Clerk of the Circuit Court, or any attorney of record in the case.2Arkansas Courts. Subpoena in a Civil Case The Clerk signs and applies the court’s official seal. An attorney of record signs in their capacity as an officer of the court. Either method produces a binding command.
Serving the Subpoena
Once issued, the subpoena must be personally delivered to the named individual. Mailing it or leaving it at the door does not count. The person who makes delivery must be either the sheriff or a deputy sheriff of the county where service happens, or any other person who is at least 18 years old and is not a party to the lawsuit. That second category covers professional process servers, paralegals, and friends who meet the age requirement.3Code of Arkansas Rules. 17 CAR 240-1316 – Subpoenas
How Far in Advance
You cannot drop a subpoena on someone the night before. For a trial or hearing, service must happen at least two days beforehand. For a deposition, the minimum is five business days. A court can shorten either deadline for good cause, but do not count on that unless the reason is compelling.2Arkansas Courts. Subpoena in a Civil Case
Witness Fees Have to Be Tendered at Delivery
This is where subpoenas most often fail. At the moment of service, the server must hand the witness the fees required by Rule 45(e): a $30.00 per day attendance fee and travel mileage at $0.25 per mile, calculated from the witness’s home to the place of appearance. If those fees are not tendered at delivery, the service is invalid and the witness has no obligation to comply.3Code of Arkansas Rules. 17 CAR 240-1316 – Subpoenas
This is not reimbursement you can send later. The money has to be physically offered alongside the subpoena. Forgetting it is one of the most common mistakes, and it can derail a case if a key witness refuses to appear and the service turns out to be invalid.
Proof of Service
After delivery, the person who served the subpoena must complete a proof of service. This is typically an affidavit describing the date, time, place, and manner of delivery.4Code of Arkansas Rules. 23 CAR 301-1318 – Subpoenas It gets filed with the court. Without it, you have no official record that the witness was properly notified, which matters if you later need to enforce the subpoena.
If You Were Served With One
A subpoena is not an absolute command without recourse. If you received one and believe it demands privileged information, imposes an unreasonable burden, requests material that is not relevant, or was served improperly, you can file a motion to quash or modify it with the court. For a duces tecum, raise privilege objections promptly and identify which specific documents you are withholding and why; silently refusing to produce anything is treated very differently from a proper objection.
What Happens if a Valid Subpoena Is Ignored
A person who was validly served and simply does not appear or produce the required documents faces contempt of court. The court has broad discretion over the punishment, which can include monetary fines and, in extreme cases, jail time. More commonly, the court orders compliance and requires the noncompliant person to pay the attorney’s fees the other side incurred in bringing the contempt motion. If service was improper or the required witness fees were not tendered, those are valid defenses, and the burden is on the party who issued the subpoena to show that service was done correctly.