PROBATE COURT OF HAMILTON COUNTY, OHIO RALPH WINKLER, JUDGE IN THE MATTER OF CASE NO. SUBPOENA [ ] DUCES TECUM To: You are required to appear at: Date: day of Time: Judge/Magistrate: You are further ordered to bring with you the following documents: FAILURE TO APPEAR MAY RESULT IN CONTEMPT CHARGES AGAINST YOU. Subpoena requested by: Name: Phone: Witness my hand and seal of said court, this day of Ralph Winkler, Probate Judge and Ex-Off icio Clerk By: Deputy Clerk RETURN I have served a true copy of this subpoena to the above named, by delivering to him or her by personal/residence/other: Date: Time: SIGNATURE SHERIFF-PERSON APPOINTED (SHERIFF SERVICE ONLY) DEPUTY (SHERIFF SERVICE ONLY) SHERIFF FEES SERVICE AND RETURN MILEAGEMILES AT TOTAL H.C. FORM 200.13 - SUBPOENA American LegalNet, Inc. www.FormsWorkFlow.com 02/10/03 CASE NO. RULES OF CIVIL PROCEDURE RULE 45. Subpoena (C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1 ) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. (2) (a) A person commanded to produce under Divisions (A) (1) (b) (11). (iii) (iv) or (v) of this rule need not appear in person at the place of production or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial. (b) Subject to division (D)(2) of this rule. a person commanded to produce under Divisions (A) (1) (b) (H) AHOAM or (v) of this rule may within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service. serve upon the party or attorney designated in the subpoena written objections to production. If objection is made. the party serving the subpoena shall not be entitled to production except pursuant to an order of the Court by which the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce, may move at any time for an order to compel production. An order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the production commanded. (3) On timely motion. the Court from which the subpoena was issued shall quash or modify the subpoena. or order appearance or production only under specified conditions. if the subpoena does any of the following: (a) Fails to allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise protected matter and no exception or waivers applies; (c) Requires disclosure of a fact known or opinion held by an expert not retained or specifically employed by any party in anticipation of litigation or preparation for trial as described by Civ. R. 26 (B) (4). If the fact or opinion does not describe specific events or occurrences of dispute and result from study by that expert that was not made at the request of any party; (d) Subject a person to undue burden. (4) Before filing a motion pursuant to Division (C)(3)(d) of this rule. a person resisting discovery under this rule shall attempt to resolve any claim of undue burden though discussions with the issuing attorney. A motion filed pursuant to Division (C)(3)(d) of this rule. shall be supported by an affidavit of the subpoenaed person or a certificate of that person's attorney of the efforts made to resolve any claim of undue burden. (~) If a motion is made under Division (C)(3)(c) or (C)(3)(d) of this rule. the court shall quash or modify the subpoena unless the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated. (D) DUTIES IN RESPONDING TO SUBPOENA (I) A person responding to a subpoena to produce documents shall at the person's option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the subpoena. A person producing documents pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and copying. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials under Civ. R. 26 (B) (3) or (4). the claim shall be made expressly and shall be supported by a description of the nature of the documents. communications, or things not produced that is sufficient to enable the demanding party to contest the claim. CIVIL RULE 45(F) SANCTIONS Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena was issued. A subpoenaed person or that person's attorney frivolously resisting discovery under this rule may be required by the court to pay the reasonable expenses, including reasonable attorney's fees, of the party seeking the discovery. The court from which a subpoena was issued may impose upon a party or attorney in breach of this duty imposed by division (C)(1) of this rule an appropriate sanction, which may include, but is not limited to, lost earning and reasonable attorney's fees. H.C. FORM 200.13 -SUBPOENA American LegalNet, Inc. www.FormsWorkFlow.com