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16-43-806. State employee as a witness.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-43-806
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-43-806
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ad3f2b16f8e3853a95af3554b9c776c93f12cc7ec106d3688d9ff067153fbdc6
Source location: content.xml paragraph 17844
Stored source content
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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