Subpoena {CV-1}

PROBATE COURT OF SUMMIT COUNTY, OHIO 209 South High Street, Akron, Ohio 44308-1668 __________________________________ CASE NO.____________________ Plaintiff(s) v. _______________________________ Defendant(s) STATE OF OHIO SUMMIT COUNTY, ss. TO: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ SUBPOENA (Civil Rules 34 and 45) YOU ARE HEREBY COMMANDED TO APPEAR before __________________________________________ (Indicate to whom and where appearance is to be made.) the day of , 20 , at o'clock .M., on behalf of _______________________________________________________________________________________ and give testimony at the ___________________________________________________________________ (Trial, Hearing, Deposition) and bring with you ________________________________________________________________________ _______________________________________________________________________________________ YOUR FAILURE TO APPEAR MAY RESULT IN PENALTY, PURSUANT TO LAW. _______________________________________ Attorney's Typed or Printed Name _______________________________________ Address _______________________________________ City, State, Zip _______________________________________ Telephone Number (include area code) Subpoena to be served by: _______________________________________ WITNESS my hand and the Seal of said Court, this _____day of ________________,20_____. Elinore Marsh Stormer, Judge and Ex-Officio Clerk ___________________________________________ Deputy Clerk ___________________________________________ Clerk, Attorney, Notary Form CV.1 American LegalNet, Inc. www.FormsWorkFlow.com RULE 45 (B), (C) and (D), OHIO RULES OF CIVIL PROCEDURE (B) Service. A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by order of court who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person, by reading it to him or her in person, by leaving it at the person's usual place of residence, or by placing a sealed envelope containing the subpoena in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal authority to show to whom delivered, date of delivery and address where delivered, and by tendering to the person upon demand the fees for one day's attendance and the mileage allowed by law. The person responsible for serving the subpoena shall file a return of the subpoena with the clerk. When the subpoena is served by mail delivery, the person filing the return shall attach the signed receipt to the return. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service or otherwise. (C) Protection of Persons Subject to Subpoenas. (1) A party or an attorney respons ble 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 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 orderappearance 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 descr bed by C.R. 26 (B)(4), if the fact or opinion does not descr be 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. (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 thei