Ohio
The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within Ohio:
The party seeking the subpoena must comply with the following statute:
Click here for Ohio 2319.09 Uniform foreign depositions
Serving the subpoena (Rule 45)
Click here for Ohio Rules on Civil Procedure
Ohio sample subpoena:
Click here for Ohio Subpoena Form
Click here for Ohio Courts Forms Main Website
Required Steps:
Check with county for specific requirements. Generally:
- File a Petition for the Issuance of Subpoenas with the clerk of the court in the county in which you seek the subpoena.
- Present the original subpoena from the foreign state, along with the new Ohio subpoena that is identical in content to the original subpoena.
- Obtain a mandate, writ, or commission from the foreign court, or a notice or agreement.
- The clerk of the court must sign the new subpoena.
Witness fees:
As per Ohio Code 2335.06, witness fees are $12 per full day and $6 per half day. Mileage is set each year by each board of county commissioners but cannot exceed fifty and one half cents per mile.
Notice time:
Must allow reasonable time for compliance.
Notice to adverse parties:
As per Rule 30, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.