2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 86 - Insanity Defense
§ 16-86-106. Testimony of mental health examiners

Universal Citation: AR Code § 16-86-106 (2017)
  • (a) (1) (A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party.
    • (B) If summoned, the psychiatrist or psychologist shall be examined by the court and may be examined by either party. A copy of the written report may be made part of the record at trial in every case in which the fact of sanity is an issue at the trial.
      • (2) A witness employed by the state shall be so summoned to appear as to require as little loss of time as possible from his or her other duties.
  • (b)
    • (1) The actual necessary expenses of a witness incurred in attending the trial shall be borne by the state. The claims of the witness for the expenses shall be examined and approved by the trial judge before they may be allowed by the state.
    • (2) A witness employed by the Arkansas State Hospital shall receive no fees for his or her service as a witness.
    • (3)
      • (A) If a witness is employed by a clinic or center on a part-time basis and is summoned to appear in court on a day he or she would normally be on duty, the clinic or center shall be reimbursed by the state at the same rate it pays for the employee's services.
      • (B) If the witness is summoned to appear on a day he or she is not on duty at the clinic or center, he or she shall be paid at the same rate he or she is paid by the clinic or center.
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