Arkansas AO-89 Subpoena in a Criminal Case - Federal District Court Official Form

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Multi-State
Control #:
US-AO-89
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Federal District Court form.
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FAQ

Under Rule 45, federal subpoenas can be served by any means authorized under the Federal Rules of Civil Procedure. This allows for delivery either in person or by certified mail[1].

In general, the speedy trial guarantee means that the accused must be brought to trial or released within a reasonable amount of time. The government is not legally permitted to lock people up indefinitely without trying them.

Once a plea of guilty or no contest has been accepted by the judge, you may offer an explanation to the judge before sentencing. The judge will then render a decision about your case.

Rule 28.2 - When Time Commences to Run (a) The time for trial shall commence running from the date of arrest or service of summons.

In Arkansas the prosecution has o 12 months to bring you to trial if you are not incarcerated, or o 9 months if you are incarcerated. However, if you or your lawyer asks for more time to prepare your case, that time will not count as a delay of your right to a speedy trial.

Rule 8.1 - Prompt First Appearance. An arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay.

A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence.

The party must bring a subpoena form (AO-88, AO-88A or AO-088B) and be prepared to provide the case name and case number. The clerk will issue a subpoena, signed but otherwise in blank, to the requesting party. The party must complete the subpoena before service. See Fed.

As an initial matter, for a subpoena on a federal agency to be effective, the subpoena must be sent from a party to a litigation that originated and remains in federal court; otherwise, the federal government has not waived its sovereign immunity.

Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.

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Arkansas AO-89 Subpoena in a Criminal Case - Federal District Court Official Form