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RELATED DOCUMENTS:
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 Subpoena

 

 Ohio Court of Common Pleas
 Hamilton County

This is a preview. For access to the full SmartRules Guide,
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 Timing

Time for Service of Subpoena-"Prompt Notice"

Original Subpoena

A party issuing a subpoena "shall serve prompt written notice, including a copy of the subpoena, on all more...   

Modified Subpoena

"If the issuing attorney modifies a subpoena . . . in any way, the issuing attorney shall give more...

Reasonable Time for Compliance

The court will grant a motion to quash a subpoena if the subpoena fails to allow a "reasonable more...

Discovery Cut-Off Date

Many judges customarily set a cut-off date for the completion of discovery. more...

 Rules & Requirements

Subpoena Requirements

Identification of Action

Every subpoena must state the name of the court from which it is issued, the title of the more...

Subpoena May Command

Every subpoena must command each person to whom it is directed, at a time and place specified in more...

Attend and give testimony at a trial or hearing at any place within this state; more...

Attend and give testimony at a deposition in the county where the deponent resides or is employed or more...

Produce documents, electronically stored information, or tangible things at a trial, hearing, or deposition; more...

Produce and permit inspection and copying of any designated documents or electronically stored information that are in the possession, more...

Produce and permit inspection and copying, testing, or sampling of any tangible things that are in the possession, more...

Permit entry upon designated land or other property that is in the possession or control of the person more...

.

Set Forth Certain Language

Every subpoena must set forth the text of divisions (C) and (D) of Ohio Rule of Civil Procedure. more...

May Command Production, Attendance or Both

A command to produce and permit inspection may be joined with a command to attend and give testimony, more...

May Not be Issued to Party

A subpoena may not be used to obtain the attendance of a party or the production of documents more...

Issued by Clerk or Attorney

The clerk shall issue a subpoena, signed, but otherwise in blank, to a party requesting it, who shall more...

Notice to All Parties

A party on whose behalf a subpoena is issued must serve prompt written notice, including a copy of more...

Subpoena May Not Be Used To Obtain Privileged Information

The rules authorizing subpoenas may not be construed to authorize any party to obtain or disclose privileged information. more...

Claim of Privilege

When subpoenaed information is withheld on a claim of privilege (or subject to protection as trial preparation materials), more...

Avoid Imposing Undue Burden or Expense

The party issuing the subpoena must take reasonable steps to avoid imposing undue burden or expense on the more...

Any party or attorney who breaches this duty is subject to appropriate sanctions that may include, but are more...

Subpoena For Use in a Case Pending Outside State

In General

Depositions may be taken in Ohio when the testimony is required for a case pending before a court more...

Contact Clerk's Office Before Proceeding

Local clerks' offices have specific procedures, not detailed in the local rules, for handling the issuance of subpoenas more...

Response to Subpoena

Production of Documents and Things

A person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (vi) of this rule need not more...

Objections to Subpoena for Production

Subject to division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), more...

Production as Maintained in the Ordinary Course of Business

At the option of the subpoenaed person, documents can be produced as maintained in the ordinary course of more...

Sanctions for Failure to Comply

Failure to obey a subpoena without adequate excuse may be deemed a contempt of court.A subpoenaed person or that person's attorney who frivolously resists discovery may be required to pay reasonable expenses, including more...

Motion to Quash or Modify

The court will grant a motion to quash a subpoena if it fails to allow a reasonable time more...

Before moving to quash or modify, the person resisting discovery must make a reasonable effort to resolve the more...

 Form & Format of Papers

Use Forms Available From Clerk's Office

Each county clerk's office has a standard form subpoena available at the office or on-line.These forms are fully compliant with Ohio's civil rules. Counsel are strongly urged to use these standard forms more...

A standard form subpoena for use in Hamilton County cases can be viewed on the Hamilton County civil more...

 Filing & Service

Filing

File Return

The person serving a subpoena must file a return of the subpoena with the clerk's office. The return can be filed by postal mail or otherwise. more...

Service

Who May Serve

A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or deputy of any more...

Manner of Service

Service on the person named in the subpoena can be made by: more...

.

Mileage and Fees

As a component of the service, the serving party must tender to the subpoenaed person, upon demand, the more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Ohio - Cuyahoga Common Pleas
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