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ARKANSAS STATUTES AND CODES

§ 16-43-806 - State employee as a witness.

16-43-806. State employee as a witness.

(a) If a state employee is subpoenaed as a witness to give a deposition or testimony at a hearing in state or federal court or before any body with power to issue a subpoena, the state employee is:

(1) Entitled to retain any witness fees that may be tendered to him or her under state or federal law or court rules only if the matter is:

(A) Outside the employee's scope of state employment; or

(B) The employee is a party to the matter other than as a representative of the state employer; and

(2) Entitled to retain any mileage fees that may be tendered to him or her under state or federal law or court rules only if the matter is:

(A) Within the employee's scope of state employment and the employee uses a personal vehicle for travel in obeying the subpoena and the employee's employer does not reimburse the employee for travel expenses; or

(B) Outside the employee's scope of state employment and the employee does not use a state-owned vehicle for travel in obeying the subpoena.

(b) If the state employee is subpoenaed for purposes under subsection (a) of this section to appear on a nonwork day, the employee may retain any witness and mileage fees tendered to him or her.

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