§ 25-16-705 - Subpoena power -- Attendance of witnesses.
25-16-705. Subpoena power -- Attendance of witnesses.
(a) In all litigation in which the interests of the State of Arkansas are involved or may become involved, before any tribunal, board, or commission, the Attorney General shall have the right to subpoena any person or the books, records, or other documents being held by any person. He or she shall have the authority to administer oaths for the purpose of taking testimony of witnesses subpoenaed before him or her which he or she may deem necessary to adequately present the state's case.
(b) The subpoena provided for in subsection (a) of this section shall be substantially in the following form:
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(c) The subpoena provided for in subsection (a) of this section shall be served in the manner provided by law and returned and a record made and kept by the Attorney General. The fees and mileage of officers serving the subpoena, and of witnesses in answer to the subpoena, shall be as provided by law.
(d) (1) The failure of any officer to serve such subpoena, and the failure of a witness to appear on the return date thereof, shall constitute a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), by imprisonment in the county jail not to exceed six (6) months, or both fine and imprisonment.
(2) In addition to paying the penalty provided in subdivision (d)(1) of this section, any witness who fails to attend before the Attorney General at the time and place designated in the subpoena, or who refuses to testify or give evidence when he or she does attend, shall be cited on affidavit by the Attorney General to the Pulaski County Circuit Court or any other circuit court of the state where the subpoena was served and proceeded against. Such failure or refusal shall be punished by the court as if the witness had been subpoenaed to appear before the circuit court citing the person.