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Ohio Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.


An affidavit is a legal document used to present factual statements or provide evidence under oath. In Ohio, there is a specific type of affidavit called "Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice." This affidavit is filed with the court to request a change in the location of a deposition. Keywords: Ohio, affidavit, support, motion, order, deposition, designated place, notice. In Ohio, when parties involved in a legal case need to take a deposition from a witness, it is typically done at the location specified in the notice. However, there may be situations where it becomes necessary to change the designated place due to various reasons such as convenience, logistics, or the witness's location. In such cases, the party seeking the change must file an "Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice." This affidavit serves as a supporting document for the motion requesting a change in the deposition location. The affine, usually a party to the case or their legal representative, swears under oath to the facts presented in the affidavit. The affidavit should provide enough information and relevant details to justify the need for the deposition to occur at a different place than originally stated in the notice. Some common types of Ohio Affidavits in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice include: 1. Witness Unavailability: When a witness becomes unavailable to attend the deposition at the originally designated place due to personal or professional reasons, an affidavit can be filed to request a change in location. 2. Geographic Constraint: If the witness or a party involved in the case resides in an area far from the originally designated place, an affidavit can be submitted, explaining the geographic constraints and requesting a deposition location closer to the witness or party. 3. Safety Concerns: If safety concerns arise, such as threats or harassment towards a witness, an affidavit can be used to support the motion for a change in the deposition location to a safer place to ensure the witness's protection. 4. Accommodation Needs: In cases where the deposed party or witness has specific physical or accessibility needs, an affidavit can be filed to request a change in the deposition location to accommodate those needs. It is crucial to provide a comprehensive and persuasive affidavit, clearly explaining the reason for the requested change in the deposition location. The affine should include relevant supporting documents, such as correspondence, medical reports (if applicable), or any other evidence that strengthens the case for the motion.

An affidavit is a legal document used to present factual statements or provide evidence under oath. In Ohio, there is a specific type of affidavit called "Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice." This affidavit is filed with the court to request a change in the location of a deposition. Keywords: Ohio, affidavit, support, motion, order, deposition, designated place, notice. In Ohio, when parties involved in a legal case need to take a deposition from a witness, it is typically done at the location specified in the notice. However, there may be situations where it becomes necessary to change the designated place due to various reasons such as convenience, logistics, or the witness's location. In such cases, the party seeking the change must file an "Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice." This affidavit serves as a supporting document for the motion requesting a change in the deposition location. The affine, usually a party to the case or their legal representative, swears under oath to the facts presented in the affidavit. The affidavit should provide enough information and relevant details to justify the need for the deposition to occur at a different place than originally stated in the notice. Some common types of Ohio Affidavits in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice include: 1. Witness Unavailability: When a witness becomes unavailable to attend the deposition at the originally designated place due to personal or professional reasons, an affidavit can be filed to request a change in location. 2. Geographic Constraint: If the witness or a party involved in the case resides in an area far from the originally designated place, an affidavit can be submitted, explaining the geographic constraints and requesting a deposition location closer to the witness or party. 3. Safety Concerns: If safety concerns arise, such as threats or harassment towards a witness, an affidavit can be used to support the motion for a change in the deposition location to a safer place to ensure the witness's protection. 4. Accommodation Needs: In cases where the deposed party or witness has specific physical or accessibility needs, an affidavit can be filed to request a change in the deposition location to accommodate those needs. It is crucial to provide a comprehensive and persuasive affidavit, clearly explaining the reason for the requested change in the deposition location. The affine should include relevant supporting documents, such as correspondence, medical reports (if applicable), or any other evidence that strengthens the case for the motion.

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(C) To be enforceable, witnesses shall receive their subpoenas at least seven calendar days prior to the hearing. Subpoenas duces tecum shall be received at least ten calendar days prior to the record hearing.

Rule 53 - Magistrates Subject to the terms of the relevant reference, a magistrate may enter orders without judicial approval if necessary to regulate the proceedings and if not dispositive of a claim or defense of a party . (ii) Form, filing, and service of magistrate's order.

What Is a Notice of Deposition? Witnesses are needed by a legal team to answer questions under oath pertaining to their knowledge relating to a lawsuit before the case is tried in the court. The law firm sends a document called a notice of deposition to the witness and all other parties involved in the lawsuit.

(Rule 30(b)(2).) In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days.

A properly noticed deposition pursuant to Rule 30(B)(5) must: (1) provide the date, time, and place for taking the deposition; (2) specify the name and address of the entity being deposed; (3) set forth with reasonable particularity the matters for examination; (4) indicate the method by which the testimony will be ...

(3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (a) that the witness is dead; or (b) that the witness is beyond the subpoena power of the court in which the action is pending or resides outside of the county in which the action is pending unless it ...

Section 2319.03 | Use of affidavit. An affidavit may be used to verify a pleading, to prove the service of the summons, notice, or other process in an action; or to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.

The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, or if the name is not known, a general description sufficient for identification.

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A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant, or upon an ... Notice to the commission is made by filing a copy of the notice of deposition provided to the person to be deposed or a copy of the subpoena in the case file. ( ...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 ... The top right hand corner of the initial sheet of every pleading, motion, brief, or other paper filed for record shall have an area approximately two and one ... If a trial or hearing in the action is to be held at a location other than the address stated in Rule 2 of these ... Service of orders, motions, pleadings and any ... If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of all affidavits, depositions, photographs or. Jan 1, 2020 — Except for the original complaint, all pleadings, other papers, and exhibits shall be identified by a title that contains the name and party ... The amendment makes clear that all papers relating to discovery which are required to be served on any party must be served on all parties, unless the court ... A motion for an order to a nonparty must be made in the court where the discovery is or will be taken. (3) Specific Motions. (A) To Compel Disclosure. If a ... May 31, 2023 — The Clerk of Courts shall not accept for filing depositions, transcripts, interrogatories, requests for documents, requests for admissions, ...

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Ohio Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice