Subpoena Service & Witness Fee Calculation Rules in Arkansas (Ark. R. Civ. P. 45)

Serving a subpoena in an Arkansas civil action is governed by Arkansas Rule of Civil Procedure 45. Unlike a civil summons, which initiates jurisdiction over a party and requires an Administrative Order No. 20 appointment, an Arkansas subpoena commands a non-party witness to appear for trial or deposition, or to produce books, documents, or electronically stored information (ESI).

However, Rule 45 contains strict procedural traps regarding witness fee advances, round-trip mileage tenders, minimum notice days, and opposing counsel notice requirements. Failure to tender the exact statutory witness fee and mileage at the moment of service renders a witness subpoena unenforceable by contempt under Ark. R. Civ. P. 45(g).

This guide breaks down every requirement of Ark. R. Civ. P. 45 so your trial, deposition, and medical/business records subpoenas are 100% enforceable in every Arkansas Circuit and District Court.

1. Who Can Legally Serve a Subpoena in Arkansas (Ark. R. Civ. P. 45(c))

Under Ark. R. Civ. P. 45(c), a subpoena for a trial, hearing, or deposition may be served:

1. Personal Service by Any Non-Party Adult: By the sheriff of any county in which the witness may be found, by his deputy, or “by any other person who is not a party and is not less than eighteen (18) years of age.”
2. Telephone Notice by Sheriff (Trial Subpoenas Only): Under a unique Arkansas provision in Rule 45(c), a county sheriff may serve a trial subpoena by communicating the contents via telephone to the witness at least 10 days before trial, though this method does not apply to private process servers or deposition subpoenas.
3. Restricted-Delivery Certified Mail (Rule 45(c)): A subpoena may also be served by the attorney of record via certified mail with restricted delivery and return receipt requested, provided that if the witness refuses to sign the green card, personal hand-delivery by a process server is required to compel attendance.

Because witnesses—especially hostile witnesses, former employees, or busy physicians—frequently ignore certified mail, personal hand-delivery by a professional process server with a sworn Return of Service is the gold standard for trial and deposition preparation.

2. Mandatory Arkansas Statutory Witness Fee & Mileage Formula (Ark. R. Civ. P. 45(d))

Whenever a subpoena commands a witness to personally appear for a trial, hearing, or deposition in an Arkansas state court action, Ark. R. Civ. P. 45(d) mandates that the subpoena “must be accompanied by a tender of a witness fee” calculated as follows:

Step-by-Step Arkansas Witness Fee Calculation Example

Suppose you are subpoenaing a witness who resides in Conway, Arkansas (Faulkner County) to testify at a trial or deposition at the Pulaski County Courthouse in downtown Little Rock (401 W. Markham St, Little Rock, AR 72201):

1. One-Way Distance: 33 miles
2. Round-Trip Distance: 33 miles × 2 = 66 miles
3. Mileage Calculation: 66 miles × $0.25/mile = $16.50
4. Daily Attendance Fee: $30.00
5. Total Statutory Check Required at Service: $30.00 + $16.50 = $46.50

At Arkansas Process Service, we can either attach your firm’s witness fee check directly to the subpoena or advance the exact statutory witness fee check on your behalf at the time of service and itemize it on your invoice.

3. Statutory Notice Deadlines Before Trial or Deposition

Under Ark. R. Civ. P. 45, timing is critical when serving a witness in Arkansas:

A. Trial or Hearing Subpoenas (Rule 45(d))

• 2-Day Standard Window (In-County / Standard): A trial or hearing subpoena served personally must be served at least two (2) days prior to the trial or hearing, unless the court grants leave for shorter notice.
• Right to Quash on Less Than 3 Days’ Notice (Rule 45(b)): If a subpoena duces tecum is served within fewer than 3 days of the trial or hearing, the court may quash or modify it if the time allowed for compliance is unreasonable.

B. Deposition Subpoenas & Subpoenas Duces Tecum (Rule 45(e))

• Minimum 3 Business Days Before Deposition: A subpoena commanding attendance at a deposition must be served at least three (3) business days before the deposition date, and the party issuing the subpoena must first serve a formal Notice of Deposition on all other parties to the lawsuit under Ark. R. Civ. P. 30(b).
• County Restrictions on Where a Deponent Can Be Compelled to Appear (Rule 45(e)(1)): A resident of the State of Arkansas may be required by subpoena to attend an examination only:
  1. In the county wherein he or she resides, is employed, or transacts business in person; or
  2. At such other convenient place as is fixed by an order of the court.
• Records-Only Subpoena Duces Tecum (Rule 45(b)(2)): When issuing a subpoena strictly for the production and copying of books, papers, documents, or medical records without a deposition, you must serve a copy of the subpoena on all opposing counsel of record prior to or simultaneously with service on the non-party custodian, and provide a reasonable time (customarily 10 to 14+ days) for production.

4. Serving Medical Records & Hospital Subpoenas in Arkansas (Ark. Code Ann. § 16-46-106)

When serving a subpoena duces tecum on an Arkansas hospital—such as UAMS (4301 W. Markham St, Little Rock), Baptist Health Medical Center (9601 Baptist Health Dr, Little Rock), or Arkansas Children’s Hospital (1 Children’s Way, Little Rock)—two additional rules apply:

1. HIPAA Satisfactory Assurances or Authorization (45 C.F.R. § 164.512(e)): Arkansas hospitals will reject a civil subpoena unless it is accompanied by either a HIPAA-compliant patient authorization signed by the patient/representative, a Qualified Protective Order signed by the Circuit Judge, or a signed Attorney Certification of Satisfactory Assurances proving that the patient was given written notice and an opportunity to object and that no objection was filed.
2. Statutory Medical Record Copying Fee Caps (Ark. Code Ann. § 16-46-106): Under Arkansas law, health care providers and their Release of Information (ROI) vendors (such as Datavant/Ciox) are capped by statute on what they may charge for reproducing medical records pursuant to a subpoena:
   • $0.50 per page for the first 25 pages, and $0.25 per page for each additional page for paper copies (or statutory electronic retrieval fee limits for electronic production), plus a maximum $15.00 labor/retrieval fee and actual postage.
3. Medical Record Custodian Affidavit (Ark. Code Ann. § 16-46-108): To admit subpoenaed hospital records at trial without calling the live custodian of records, always attach a blank Affidavit of Custodian of Medical Records pursuant to Ark. Code Ann. § 16-46-108 when serving the subpoena.

5. Fast Subpoena Dispatch Across Arkansas

Whether you need a last-minute trial witness served in Little Rock, a corporate custodian subpoena delivered to CT Corporation System or Walmart’s corporate legal intake in Bentonville, or hospital HIM records subpoenaed at UAMS, our process servers verify witness fees, calculate exact round-trip mileage, and return a notarized Rule 45 Proof of Service within 24 hours.

Submit your Arkansas subpoena for immediate service or call (501) 472-8315.

Ready to serve your legal documents? Submit your Arkansas service order online now → or call (501) 472-8315 for immediate dispatch anywhere in Arkansas.

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