On September 24, 2009, the Supreme Court of Arkansas adopted Rule 26 to the Arkansas Rules of Civil Procedure. Rule 26.1 addresses electronic discovery and is largely analogous to the Federal Rules of Civil Procedure. However, Rule 26 is optional since the parties must agree to apply the rule or the circuit court must order that it will apply on motion for good cause shown. The Rules of Civil Procedure also include Rule 26(b)(5) which addresses inadvertent disclosure. Rule of Evidence 502(f) was also adopted by Arkansas. According to the Explanatory Note for Arkansas Rule of Evidence 502: “Under new subdivision (f), disclosure of information covered by the attorney-client privilege or the work-product doctrine to a government agency conducting an investigation of the client does not constitute a general waiver of the information disclosed.”
Rule 26.1, Rule 26(b)(5), Rule of Evidence 502(f), Local Rule 26.1, (US District Court).