SUBPOENA PROBATE DIVISION The Probate Court of Montgomery County, Ohio Plaintiff CASE NO. vs TYPE OF CASE CIVIL OTHER Defendant SUBPOENA FOR PERSON DOCUMENT(S) or OBJECT(S) TO: YOU ARE HEREBY COMMANDED to appear before the Probate Court of the County of Montgomery, Ohio, at the place, date, and time specified below to testif y in the above-entitled case. PLACE COURTROOM: FLOOR: MONTGOMERY COUNTY PROBATE COURT 41 N. PERRY STREET DAYTON, OHIO 45402 JUDGE: DATE AND TIME: FAILURE TO APPEAR MAY RESULT IN YOUR ARREST OR OTHER PENALTIES AS PROVID ED BY LAW. THIS SUBPOENA MUST BE BROUGHT WITH YOU TO THE ABOVE PLACE AND COURTROOM. YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):* See Additional Information on Reverse This subpoena shall remain in effect until you are granted leave to depa rt by the court or by an officer acting on behalf of the court. TYPE OF SERVICE: Please issue service to: This subpoena is issued upon application of the: Sheriff Process Server Plaintiff Defendant Certified Mail Attorney to Serve ATTORNEYS NAME, ADDRESS AND PHONE ALICE O. McCOLLUM, JUDGE (BY) DEPUTY CLERK or ATTORNEY SIGNATURE (pursuant to Civil Rule 45A(2) DATE: (SEAL) WITNESS MUST NOTIFY THE BAILIFF AND THE CLERK OF THEIR APPEARANCE AND CL AIM THEIR ATTENDANCE EACH DAY. OTHERWISE NO FEES WILL BE ALLOWED. * IF NOT APPLICABLE, ENTER "NONE". American LegalNet, Inc. IF ALL BLANKS ARE NOT FILLED IN, THE CLERKS OFFICE WILL NOT ACCEPT THIS SUBPOENA. www.USCourtForms.com>>>> 2 RETURN OF SERVICE TYPE OF SERVICE: PERSONAL RESIDENCE FAILURE RECEIVED DATE PLACE BY SERVER SERVED DATE PLACE SERVED ON (NAME) FEES TENDERED YES NO AMOUNT $ ________________SERVED BY TITLE STATEMENT OF SERVICE FEES SERVICE MILEAGE TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the State of Ohio t he foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on _____________________________ Signature of Server Address of Server PURSUANT TO CIVIL RULE 45, (A), (1), (c): (C) Protection of persons subject to subpoenas. (1) A party or an attorney responsible for the issuance and service of subpo ena 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) (ii), (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 prod uce under division (A) (1) (b) (ii), (iii), (iv), or (v), of this rule may, within fourteen days after service of the subpoena or before the time specified for comp liance 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 subpoen a 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 the production. An order to compel production shall protect any person who is not a party or an officer of a party from sign ificant expense resulting from the production commanded. (3) On timely motion, the court from which the subpoena was issued shall qua sh 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 e xception or waiver applies; (c) Requires disclosure of a fact known or opinion held by an expert not ret ained or specially 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 in dispute and results from study by that expert that was not made at the request of any party; (d) Subjects a person to undue burden, (4) Before filing a motion pursuant to division (C) (3) (d) of this ru le, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through discussions with the issuing attorney. A motion filed pu rsuant to division (C) (3) (d) of this rule shall be supported by an affidavit of the subpoenaed person or certificate of that persons attorney of the effort s made to resolve any claim of undue burden. (5) 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 materia l that cannot be otherwise 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. (1) A person responding to a subpoena to produce documents shall, at the per sons option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the subpoe na. A person producing documents pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time a nd 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 s upported 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. ADDITIONAL INFORMATION American LegalNet, Inc. www.USCourtForms.com