Arkansas

Civil Procedure

Rule 1 – Scope of Rules
Rule 2 – One Form of Action
Rule 3 – Commencement of Action; “Clerk” Defined
Form – Form of Summons
Rule 5 – Service and Filing of Pleadings and Other Papers
Rule 6 – Time
Rule 7 – Pleadings and Motions
Rule 8 – General Rules of Pleading
Rule 9 – Pleading Special Matters
Rule 10 – Form of Pleadings
Rule 11 – Signing of Pleadings, Motions, and Other Papers; Sanctions
Rule 12 – Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings
Rule 13 – Counterclaim and Cross-Claim
Rule 14 – Third-Party Practice
Rule 15 – Amended and Supplemental Pleadings
Rule 16 – Pretrial Procedure; Formulated Issues
Rule 17 – Parties Plaintiff and Defendant
Rule 18 – Joinder of Claims and Remedies
Rule 19 – Joinder of Persons Needed for Just Adjudication
Rule 20 – Permissive Joinder of Parties
Rule 21 – Misjoinder and Non-Joinder of Parties
Rule 22 – Interpleader
Rule 23 – Class Actions
Rule 23.1 – Actions by Shareholders
Rule 23.2 – Actions Relating to Unincorporated Associations
Rule 24 – Intervention
Rule 25 – Substitution of Parties
Rule 26 – General Provisions Governing Discovery
Rule 26.1 – Electronic Discovery
Rule 27 – Depositions Before Action or Pending Appeal
Rule 28 – Persons Before Whom Depositions May Be Taken
Rule 29 – Stipulations Regarding Discovery Procedures
Rule 30 – Depositions Upon Oral Examination
Rule 31 – Depositions Upon Written Questions
Rule 32 – Use of Depositions in Court Proceedings
Rule 33 – Interrogatories to Parties
Rule 34 – Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 35 – Physical and Mental Examination of Persons
Rule 36 – Requests for Admission
Rule 37 – Failure to Make Discovery; Sanctions
Rule 38 – Jury Trial of Right
Rule 39 – Trial by Jury or by the Court
Rule 40 – Trial Settings and Continuances
Rule 41 – Dismissal of Actions
Rule 42 – Consolidation; Separate Trials
Rule 43 – Taking of Testimony
Rule 44 – Proof of Official Record
Rule 44.1 – Determination of Foreign Law

Rule 45 – Subpoena
Rule 45.1 – Subpoena for Interstate Depositions and Discovery
Rule 46 – Exceptions Unnecessary
Rule 47 – Jurors
Rule 48 – Number of Jurors – Verdict
Rule 49 – Verdicts and Interrogatories
Rule 50 – Motion for Directed Verdict and for Judgment Notwithstanding Verdict
Rule 51 – Instructions to Jury; Objection
Rule 52 – Findings by the Court
Rule 53 – Masters
Rule 54 – Judgments; Costs
Rule 54(B) – Certificate
Rule 55 – Default
Rule 56 – Summary Judgment
Rule 57 – Declaratory Judgments
Rule 58 – Entry of Judgment or Decree
Rule 59 – New Trials
Rule 60 – Relief from Judgment, Decree or Order
Rule 61 – Harmless Error
Rule 62 – Stay of Proceedings to Enforce a Judgment
Rule 63 – Disability of a Judge
Rule 64 – Addition and Withdrawal of Counsel
Rule 65 – Injunctions and Temporary Restraining Orders
Rule 65.1 – Security; Proceedings Against Sureties
Rule 66 – Receivers
Rule 67 – Deposit in Court
Rule 68 – Offer of Judgment
Rule 69 – Execution Discovery
Rule 70 – Judgment for Specific Acts; Vesting Title
Rule 71 – Process in Behalf of and Against Persons Not Parties
Rule 72 – Suits in Forma Pauperis
Rule 73-76 – Reserved
Rule 77 – Courts and Clerks
Rule 78 – Motion Day and Hearings on Motions
Rule 79 – Abolished
Rule 80 – Admissibility of Testimony at Prior Trial
Rule 81 – Applicability of Rules
Rule 82 – Jurisdiction and Venue Unaffected
Rule 83 – Abolishe
Rule 84 – Uniform Paper Size
Rule 85 – Title
Rule 86 – Effective Date
Rule 87 – Limited Scope Representation
Rule 88 – Reserved
Rule 89 – Reserved
Rule 90 – Reserved

Rule 80 – Admissibility of Testimony at Prior Trial

When admissible, the testimony of any witness given in any court at any former trial between the same parties or their privies and involving the same issue or claim for relief may be proved by the duly certified transcript thereof.

Ark. R. Civ. P. 80

Reporter’s Notes to Rule 80: 1. Rule 80 is a slightly revised version of FRCP 80. Superseded Ark. Stat. Ann. § 28-713 (Repl. 1962) contained the grounds for admitting former testimony although Rule 804 of the Uniform Rules of Evidence now contains such grounds. The question, therefore, as to when former testimony is admissible is determined by Rule 804. When it is admissible, it is proved under this rule.

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