Subpoena Form - Summit County Domestic Relations Court Civ. Rule 45 (Page 2 of 2) in pdf

PROTECTION OF PERSONS SUBJECT TO SUBPOENAS:

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 divisions (A)(1)(b)(ii), (iii), (iv) or (v) of this rule need not appear in person

at the place of production or inspection unless commanded to attend and give testimony at a deposition, hearing or trial.

(b) Subject to division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b)(ii),(iii),(iv), or (v)

of this rule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time

is less than fourteen days after service, serve upon the party or attorney designated in the subpoena written objections to

production. If objection is made, the party serving the subpoena shall not be entitled to production except pursuant to an

order of the court by which the subpoena was issued. 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 – Fails to allow

reasonable time to comply; requires disclosure of privileged or otherwise protected matter and no exception or waiver

applies; 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 as described by CIV R. 26(B)(4), if the fact or opinion does not describe

specific events or occurrences in dispute and results from study by the expert that was not made at request of any party;

subjects a person to undue burden.

4.Before filing a motion pursuant to division (C) (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 (C) (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(C)(3)(c) or (C)(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.

DUTIES IN RESPONDING TO SUBPOENAS:

A person responding to a subpoena to produce documents shall, at the person’s option, produce them 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 or electronically stored information 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.

If a request does not specify the form or forms for producing electronically stored information, a person responding to

a subpoena may produce the information in a form or forms in which the information responding is ordinarily

maintained if that form is reasonable useable, or in any form that is reasonably useable. Unless ordered by the court

or agreed to by the person subpoenaed, a person responding to a subpoena need not produce the same electronically

stored information in more than one form.

A person need not provide discovery of electronically stored information when the production imposes undue burden

or expense. On motion to compel discovery or for a protective order, the person from whom electronically stored

information is sought must show that the information is not reasonably accessible because of undue burden or

expense. If a showing of undue burden or expense is made, the court may nonetheless order production of

electronically stored information if the requesting party shows good cause. The court shall consider the factors in

Civ. R. 26(B)(4) when determining if good cause exists. In ordering production of electronically stored information,

the court may specify the format, extent, timing, allocation of expenses and other conditions for discovery of the

electronically stored information.

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.

If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-

preparation material, the person making the claim may notify any party that received the information of the claim and

the basis for it. After being notified, a receiving party must promptly return, sequester, or destroy the specified

information and any copies within the party’s possession, custody or control. A party may not use or disclose the

information until the claim is resolved. A receiving party may promptly present the information to the court under

seal for determination of the claim of privilege or of protection as trial-preparation material. If the receiving party

disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced

the information must preserve the information until the claim is resolved.

SANCTIONS:

1. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed 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 discovery. The court

from which a subpoena was issued may impose upon a party or attorney in breach of the duty imposed by division (C)(1) of this rule

an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney’s fees.

Subpoena Form - Summit County Domestic Relations Court Civ. Rule 45 Page 2

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