Ohio Subpoena in an Adversary Proceeding - B 255

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US-B-255
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Description

This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.

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FAQ

(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.

For state subpoenas to be legally binding and enforced in the state of Ohio, a Foreign Subpoena (that is a subpoena from out of state) must be issued through the Court of Common Pleas in the county of service, pursuant to Uniform Interstate Depositions and Discovery Act found here: .

An attorney who has filed an appearance on behalf of a party in an action may also sign and issue a subpoena on behalf of the court in which the action is pending.

Service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person, by reading it to him or her in person, by leaving it at the person's usual place of residence, or by placing a sealed envelope containing the subpoena in the United States mail as certified or express ...

A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.

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.

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Ohio Subpoena in an Adversary Proceeding - B 255