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l8·E BARRETT BROTHERS, PUBLISHERS, SPRINGFIELD, OHIO

Reset Form PRECIPE FOR SUBPENA


DUCES TECUM
Revised Code, Sec. 2303.11

COMMON PLEAS COURT

____________________________ County, Ohio


Plaintiff
vs. No. ______________
Case No.

PRECIPE

Defendant
To the Clerk of Courts:
Issue Subpena for the following persons, to wit:

NAME
I ADDRESS
.! Miles •Served Served

I
to appear as witnesses in the above case, on the ~ . ____ day of ________.~__________ 20
19 , at
____ o'clock ~ _____ M" and testify as a witness in the above case, and to bring and produce at the time
aforesaid ______________________________________________________
Signature

_________________________ Attorney

Subpena in Civil Case


Revised Code, Sec. 2317.14,15

The State of Ohio, _ _ _ _ _ _ _ _ _ _ _ _ County. Common Pleas Court


To each of above named Persons:
You are hereby required to be and appear before the Common Pleas Court at the Court House in said County, on the
day and hour set forth in the above Precipe, to testify as a witness in a certain case pending in said Court, wherein the Plain­
tiff and Defendant _ are as named above, and not depart the Court without leave, Herein fail not, under penalty of the law,
And have you then and there this writ.
Said Court requires your said attendance on behalf of the party filing said precipe.
WITNESS my hand and the seal of said Court, this

________ day of ________________ 20


19 _ _

______________________ Clerk

By _____________________ Deputy
Case No.
No. _____________ (C) Protection of persons subject to (4) Before filing a motion pursuant to division
App. Doc. Page ___________ subpoenas. (C)(3)(d) of this rule, a person resisting discovery
(1) A party or an attorney responsible for the is­ under this rule shall attempt to resolve any claim
Common Pleas Court suance and service of a subpoena shall take of undue burden through discussions with the is­
reasonable steps to avoid imposing undue burden suing attorney. A motion filed pursuant to division
or expense on a person subject to that subpoena. (C)(3)(d) of this rule shall be supported by an af­
fidavit of the subpoenaed person or a certificate
(2)(a) A person commanded to produce under
of that person's attorney of the efforts made to
divisions (A)(1)(b)(ii), (iii), (iv), or (v) of this rule need
vs. resolve any claim of undue burden.
not appear in person at the place of production
or inspection unless commanded to attend and (5) If a motion is made under division (C)(3)(c)
give testimony at a deposition, hearing, or trial. or (C)(3)(d) of this rule, the court shall quash or
modify the subpoena unless the party in whose
(b) Subject to division (0)(2) of this rule, a per­ behalf the subpoena is issued shows a sUbstan­
son commanded to produce under divisions tial need for the testimony or material that cannot
PRECIPE AND SUBPENA
(A)(1)(b)(ii), (iii), (iv), or (v) of this rule may, within be otherwise met without undue hardship and
DUCES TECUM
fourteen days after service of the subpoena or assures that the person to whom the subpoena
before the time specified for compliance if such is addressed will be reasonably compensated.
time is less than fourteen days after service, serve
Returned and Filed upon the party or attorney designated in the sub­ Duties in responding to subpoena.
poena written objections to production. If objec­ A person responding to a subpoena to pro­
, 19
20
duce documents shall, at the person's option, pro­
tion is made, the party serving the subpoena shall
not be entitled to production, except pursuant to duce them as they are kept in the usual course
Clerk an order of the court by which the subpoena was of business or organized and labeled to corres·
By issued. If objection has been made, the party ser­ pond with the categories in the subpoena. A per­
Deputy Clerk ving the subpoena, upon notice to the person son producing documents pursuant to a subpoena
commanded to produce, may move at any time for for them shall permit their inspection and copy­
PRINT FORM ing by all parties present at the time and place set
an order to compel the production. An order to
RETURN OF SERVICE compel production shall protect any person who in the subpoena for inspection and copying.
is not a party or an officer of a party from (2) When information subject to a subpoena is
I received this writ on the day
significant expense resulting from the production withheld on a claim that it is provileged or subject
u'-________________________20
19 ,at _____ commanded. to protection as trial preparation materials under
o'clock ___ M., and served the persons named therein, on Civ.A. 26(B)(3) or (4), the claim shall be made ex­
(3) On timely motion, the court from which the
the day and in the manner indicated against each name. pressly and shall be supported by a description
subpoena was issued shall quash or modify the
of the nature of hte documents, communications,
SHERIFF FEES subpoena, or order appearance or production only
or things not produced that is sufficient to enable
under specified conditions, if the subpoena does
the demanding party to contest the claim.
any of the following:
Service & Return each name (E) Sanctions.
(a) Fails to allow reasonable time to comply; Failure by any person without adequate excuse
Mileage mi. at (b) Requires disclosure of privileged or other­ to obey a subpoena served upon that person may
wise protected matter and no exception or waiver be deemed a contempt of the court from which
applies; the subpoena issued. A subpoenaed person or
that person's attorney who frivolously resists
(c) Requires disclosure of a fact known or opi­
Total ­
discovery under this rule may be required by the
nion held by an expert not retained or specially
court to pay the reasonable expenses,
employed by any party in antiCipation of
reasonable attorney's fees, of the
or preparation for trial as described by
the discovery. The court from which a subpoena
26(B)(4), if the fact or opinion does not describe
Sheriff was issued may impose upon a party or attorney
specific events or occurrences in dispute and
By in breach of the duty imposed by division (C)(1)
results from study by that expert that was not
Deputy of this rule an appropriate sanction, which may in­
made at the request of any party;
clude, but is not limited to, lost earnings and
BAiH-tFI'I· B;HHHEI{S, PUBJ 1~ln"RS, ~I'RINGFlEl.n, {)mo (d) Subjects a person to undue burden. reasonable attorney's fees.