§ 16-19-609 - Examination of adversary -- Effect of refusal to submit to examination -- Application on appeal. - Arkansas Statutes

16-19-609. Examination of adversary -- Effect of refusal to submit to examination -- Application on appeal.

(a) Either party may examine the other on oath and for that purpose may cause him to be summoned to attend the trial if he resides in the county or, if he resides out of the county, may file written interrogatories with the court or magistrate before whom the trial is to be had, together with an affidavit that he believes the answers to them are necessary to his obtaining justice, and cause a copy of the interrogatories to be delivered to the party required to answer them, who shall make out, swear to, and file with the court or magistrate, on or before the day of trial, a plain, direct response to the interrogatories, which may be read by either party.

(b) The court shall render judgment against the party who refuses to attend and be examined, when summoned two (2) days before trial, or to make proper responses to interrogatories when a copy has been delivered to him three (3) days before the trial, when he resides within fifty (50) miles of the place of trial, and one (1) additional day for every thirty (30) miles he may reside therefrom. However, the court may grant further time for attending or answering.

(c) Subsections (a) and (b) of this section shall apply to circuit courts upon the trial of appeals from judgments of justices of the peace.