Ohio Juv.R. 17

(A) Form; issuance

(1) Every subpoena shall do all of the following;

(a) State the name of the court from which it is issued, the title of the

action, and the case number;

(b) Command each person to whom it is directed, at a time and place

specified in the subpoena, to do one or more of the following:

(i) Attend and give testimony at a trial, hearing,

proceeding, or deposition;

(ii) Produce documents or tangible things at a trial,

hearing, proceeding, or deposition;

(iii) Produce and permit inspection and copying of any

designated documents that are in the possession,

custody, or control of the person;

(iv) Produce and permit inspection and copying, testing,

or sampling of any tangible things that are in the

possession, custody, or control of the person.

(c) Set forth the text of divisions (D) and (E) of this rule.

A command to produce and permit inspection may be joined with a command to

attend and give testimony, or may be issued separately.

(2) The clerk shall issue a subpoena, signed but otherwise in blank, to a party

requesting it, who shall complete it before service. An attorney who has filed an

appearance on behalf of a party in an action also may sign and issue a subpoena on

behalf of the court in which the action is pending.

(3) If the issuing attorney modifies the subpoena in any way, the issuing attorney shall

give prompt notice of the modifications to all other parties.

(B) Parties unable to pay

The court shall order at any time that a subpoena be issued for service on a named witness

upon an ex parte application of a party and upon a satisfactory showing that the presence

of the witness is necessary and that the party is financially unable to pay the witness fees

required by division (C) of this rule. If the court orders the subpoena to be issued, the costs

incurred by the process and the fees of the witness so subpoenaed shall be paid in the same

manner that similar costs and fees are paid in case of a witness subpoenaed in behalf of the

state in a criminal prosecution.

(C) Service

A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, probation

officer, or a deputy of any, by an attorney or the attorney's agent, or by any person

designated by order of the court who is not a party and is not less than eig hteen years of

age. Service of a subpoena upon a person named in the subpoena shall be made by

delivering a copy of the subpoena to the person, by reading it to him or her in person, or

by leaving it at the person's usual place of residence, and by tender ing to the person upon

demand the fees for one day's attendance and the mileage allowed by law. The person

serving the subpoena shall file a return of the subpoena with the clerk. 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.

(D) 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 division (A)(1)(b)(ii), (iii), or (iv)

of this rule is not required to appear in person at the place of production or

inspection unless commanded to attend and give testimony at a trial,

hearing, proceeding, or deposition.

(b) Subject to division (E)(2) of this rule, a person commanded to produce

under division (A)(1)(b)(ii), (iii), or (iv) of this rule may serve upon the

party or attorney designated in the subpoena written objections to

production. The objections must be serve d within fourteen days after

service of the subpoena or before the time specified for compliance if that

time is less than fourteen days after service. If objection is made, the party

serving the subpoena shall not be entitled to production except pursuan t to

an order of the court that issued the subpoena. 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 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 if the fact or opinion does not

describe specific events or occurrences in dispute and r esults 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 (D)(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 (D)(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 (D)(3)(c) or (D)(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.

(6) Records of or concerning the victim may be produced as permitted by law.

(E) Duties in responding to subpoena

(1) A person responding to a subpoena to produce documents shall, at the person's

option, produce the documents 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 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, 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.

(F) Sanctions

Failure by any person without adequate excuse to obey a subpoena served upon that person

may be 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 (D)(1) of this rule an appropriate

sanction, that may include, but is not limited to, lost earnings and reasonable attorney's

fees.

(G) Privileges

Nothing in this rule shall be construed to authorize a party to obtain information protected

by any privilege recognized by law or to authorize any person to disclose such information.

(H) Time

Nothing in this rule shall be construed to expand any other time limits imposed by rule or

statute. All issues concerning subpoenas shall be resolved prior to the time otherwise set

for hearing or trial.