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:

  1. File a Petition for the Issuance of Subpoenas with the clerk of the court in the county in which you seek the subpoena.
  2. Present the original subpoena from the foreign state, along with the new Ohio subpoena that is identical in content to the original subpoena.
  3. Obtain a mandate, writ, or commission from the foreign court, or a notice or agreement.
  4. 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.