§ 12-41-209 - Service of process. - Arkansas Statutes

12-41-209. Service of process.

(a) (1) A person who is summoned to appear in the justice center under Arkansas law:

(A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state;

(B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and

(C) May be personally served with process in any part of the center for a proceeding in Arkansas.

(2) A person who is summoned to appear in the center under the law of the other state:

(A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas;

(B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and

(C) May not be personally served with process in any part of the center for a proceeding in Arkansas.

(b) (1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution.

(2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.

(c) (1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not constructively present may be applied to that person only to the extent that such law would apply if the person were actually outside that state.

(2) However, the law applicable to that person's conduct in the center is governed by 12-41-206 and whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section.