RETURN OF SERVICE
I received this subpoena on , and served the above named party
by on
I was unable to complete service for the following reason:
.
Signature of Serving Party
Check one: Deputy Sheriff Attorney Process Server Deputy Clerk
SHERIFF FEES
Service
Mileage
Copy
Total
COC-CV-79 (Rev.
7-2023)
The State of Ohio, Franklin County, ss
To: Attorney Process Server Sheriff of County, Ohio Greetings:
YOU ARE HEREBY COMMANDED TO SUBPOENA THE FOLLOWING NAMED PERSON, To wit:
Person Business
COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
Subpoena - Civil
Case No.
(Example: 11CV0142345)
SCPO
To be and appear before the Court of Common Pleas of the County of Franklin, General Division, 345 South High Street,
Columbus, Ohio 43215, OR at on the day of
20 , at
o'clock m. of said day in courtroom # to:
ATTEND AND GIVE TESTIMONY AT A TRIAL, HEARING OR DEPOSITION ON THE DATE, TIME AND AT THE PLACE SPECIFIED ABOVE. IF A
NONPARTY ORGANIZATION, PLEASE CONFER WITH THE SERVING PARTY TO DESIGNATE EACH PERSON(S) WHO WILL TESTIFY.
ATTEND AND PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION OR TANGIBLE THINGS AT A TRIAL, HEARING OR
DEPOSITION ON THE DATE, TIME AND AT THE PLACE SPECIFIED ABOVE.
PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED ABOVE, OF ANY
DESIGNATED DOCUMENTS OR ELECTRONICALLY STORED INFORMATION 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
ABOVE, 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 CIV. R. 34(A)(3), ON
THE DATE AND AT THE TIME SPECIFIED ABOVE.
DESCRIPTION OF LAND OR OTHER PREMISES:
DESCRIPTION OF ITEMS TO BE PRODUCED:
Location
Plaintiff/Petitioner
-VS/AND
Defendant/Petitioner
Last Name / Business Name Street Address
First Name Middle Int. Designation Address Line 2
Address Line 3
City State Zip Code
Attorney Address/Phone # (Required) Supreme Court #
Choose One:
Plaintiff
Defendant
Other (Specify):
WITNESS my hand and seal of said court Maryellen O'Shaughnessy, Clerk of Court of Common Pleas
NOTE: Read all information on the second page of this subpoena
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 specied 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 to compel production shall protect any person who
is not a party or an ofcer of a party from signicant 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 pro-
duction only under specied 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)(5), if the fact or opinion does not describe specic events or occur-
rences 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 ling 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 led pursuant to division (c)(3)(d) of this rule shall be
supported by an afdavit of the subpoenaed person or a certicate 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 labeled to correspond with the categories in the subpoena. A person producing documents or
electronically stored information 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. If a request does not specify the form or forms for producing electronically stored information, a person responding to a subpoe-
na may produce the information in a form or forms in which the information is ordinarily maintained if that form is reasonably useable,
or in any form that is reasonably useable. Unless ordered by the court or agreed to by the person subpoenaed, a person responding
to a subpoena need not produce the same electronically stored information in more than one form.
3. A person need not provide discovery of electronically stored information when the production imposes undue burden or expense. On
motion to compel discovery or for a protective order, the person from whom electronically stored information is sought must show
that the information is not reasonably accessible because of undue burden or expense. If a showing of undue burden or expense
is made, the court may nonetheless order production of electronically stored information if the requesting party shows good cause.
The court shall consider the factors in civ. R. 26(b)(4) when determining if good cause exists. In ordering production of electronically
stored information, the court may specify the format, extent, timing, allocation of expenses and other conditions for the discovery of
the electronically stored information.
4. When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation mate-
rials, 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 sufcient to enable the demanding party to contest the claim.
5. If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation materi-
al, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notied,
a receiving party must promptly return, sequester, or destroy the specied information and any copies within the party’s possession,
custody or control. A party may not use or disclose the information until the claim is resolved. A receiving party may promptly present
the information to the court under seal for a determination of the claim of privilege or of protection as trial-preparation material. If the
receiving party disclosed the information before being notied, it must take reasonable steps to retrieve it. The person who produced
the information must preserve the information until the claim is resolved.
COC-DR-82 (Rev. 9-2018)
