Ark. Code Ann. » Title 16 Chapter 43
Arkansas Code Annotated

Ark. Code Ann. § 16-43-102 (2026)

Privilege from arrest while serving as witness

✓ current as of May 2026
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All witnesses shall be privileged from arrest in all cases except treason, felony, or breach of the peace during their attendance on any court where their attendance is required by subpoena, and going to and returning from the place where they may be required to appear to testify, allowing one (1) day for every twenty-five (25) miles from their residence.

History. Rev. Stat., ch. 158, § 10; C. & M. Dig., § 4159; Pope's Dig., § 5169; A.S.A. 1947, § 28-522.

Case Notes

Out-of-state Witnesses.

Subsection (c) of ARCP 45 does not provide for subpoena power over out-of-state witnesses testifying in a civil case. McNees v. Mountain Home, 993 F.2d 1359 (8th Cir. 1993).

Because ARCP 45 does not give the Chancery Court authority to compel an out-of-state witness to appear to testify, a witness' appearance would be voluntary, and the witness would not be entitled to immunity from arrest under this section. McNees v. Mountain Home, 993 F.2d 1359 (8th Cir. 1993).

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Patricia McNees v. Mountain Home, Ar, City of Lyle Scott, Individually & in His Off. Capacity as a Mountain Home Police Officer, 993 F.2d 1359 (8th Cir. 1993).
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Patricia McNees v. Mountain Home, Ar, City of Lyle Scott, Individually & in His Off. Capacity as a Mountain Home Police Officer, 993 F.2d 1359 (8th Cir. 1993). · cites it 2× “” Thus, she would not be entitled to immunity under Ark.Code Ann. § 16-43-102. The district court did not discuss McNees’s second appearance in January 1989.”
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