Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Subpoena Form. This is a Ohio form and can be use in Court Of Claims.
Loading PDF...
Tags: Subpoena, Ohio Court Of Claims,
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614. 387.9800 or 1.800.824.8263
www.cco.state.oh.us
Subpoena
Plaintiff
V.
Case Number:
Judge:
Defendant
To:
YOU ARE HEREBY COMMANDED TO:
Attend and give testimony at a (trial) (hearing) (deposition) on the date, time and at the place specified below.
Attend to testify and produce documents and/or tangible things at a (trial) (hearing) (deposition) on the date,
time and at the place specified below.
Produce and permit inspection and copying, on the date and at the time and place specified below, of any
designated documents that are in your possession custody or control.
Produce and permit inspection and copying, testing or sampling, on the date and at the time and place
specified below, of any tangible things that are in your possession, custody or control.
Permit entry upon the following described land or other property, for the purposes described in civil 34(a)(3)),
on the date and at the time and place specified below.
Description of land or other premises:
DATE:
TIME:
PLACE:
DESCRIPTION OF ITEMS TO BE PRODUCED:
Page 1 of 4
American LegalNet, Inc.
www.FormsWorkflow.com
THE STATE OF OHIO
County, ss
To the Sheriff of
County, Ohio, Greetings:
YOU ARE HEREBY COMMANDED TO SUBPOENA THE ABOVE NAMED PERSON.
WITNESS MY HAND AND SEAL OF SAID COURT THIS
DAY OF
, 20____ ,
CLERK OF THE COURT OF CLAIMS OF OHIO.
BY:
Assistant Clerk
REQUESTING PARTY INFORMATION:
NAME:
(ATTORNEY FOR:)
TELEPHONE NUMBER
.
Page 2 of 4
American LegalNet, Inc.
www.FormsWorkflow.com
Civil Rule 45 (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)(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 produce under divisions
(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 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 the production. An order t 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 waiver applies;
(c) Requires disclosure of a fact known or opinion held by an expert not retained 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 rule, 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
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.
(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
material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is
addressed will be reasonably compensated.
Civil Rule 45 (D) Duties in responding to subpoena.
(1) 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 labelled 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 (E) 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 issued. A subpoenaed person or that person’s attorney who
frivolously resists 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 the duty imposed by division (C)(1) of this rule an appropriate sanction,
which may include, but is not limited to, lost earnings and reasonable attorney’s fees.
Page 3 of 4
American LegalNet, Inc.
www.FormsWorkflow.com
RETURN OF SERVICE
I RECEIVED THIS SUBPOENA ON _____________________________, AND SERVED THE PARTY
NAMED ON THE REVERSE
HEREOF BY______________________________________ ON ______________________
I WAS UNABLE TO COMPLETE SERVICE FOR THE FOLLOWING REASON:
Sheriff’s Fees
Service
Signature of serving party
Mileage
Copy
Circle one:
Deputy Sheriff
Total
Process Server
Attorney
Deputy Clerk
Other
Page 4 of 4
American LegalNet, Inc.
www.FormsWorkflow.com