Ohio Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within this state.
Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
(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 ...
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Failure to appear at the time and place indicated on your subpoena may result in your being held in contempt of court. A warrant for your arrest will be issued and, upon your arrest, a hearing will be scheduled for you to appear before the judge and explain why you did not appear.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Motions to quash shall be filed with the board and served upon the opposing party prior to a hearing. Unless a motion to quash has been granted, a witness shall attend the hearing to which he or she was subpoenaed subject to the provisions contained within paragraph (C) of this rule.
If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.
