Subpoena | Ohio Court of Claims

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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

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Subpoena

Plaintiff

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:

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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;

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.