Foreign Subpoenas (aka Domesticated Subpoenas)
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For 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 Ohio Revised Code 2319.09 Uniform Interstate Depositions and Discovery Act found here: http://codes.ohio.gov/orc/2319.09. Each county has a different procedure. Some counties may require filing fees.*
For all other states we will consider these rules: http://www.rebeccaphalen.com/wp-content/uploads/2016/05/2016-UPDATED-all-states-cites-for-out-of-state-subpoenas-including-helpful-websites.pdf. Remember, APS serves worldwide and we follow the Hague Convention Rules but highly recommend reading up on and following The Hague Law Blog: https://www.haguelawblog.com/about/
What you will need:
1. Your Foreign Subpoena attached to the Ohio Rule 45 Subpoena plus 3 copies;
A Rule 45 Subpoena can usually be found on the Clerk of Court’s websites in the Ohio county you are serving. Use the Ohio county court caption, your plaintiff and defendant, Attorney name with address and phone number, and place for the Court to issue and seal. The instructions with Rule 45 attached. A local place for Deposition or documents provided must be included on the subpoena, not your address or an out of state address. You can use our address listed below or any local address that you have procured for your deposition.
2. Written Request for Service by Process Servers - fill in Ammann Process Servers, LLC, 119 E. Court Street, Cincinnati, OH 45202 – by standing order or by order appointing depending on the court (I will provide the standing order case number to write on your documents.)
*Ammann Process Servers are not lawyers and cannot give legal advice. Herein are simply Court requirements.
Ammann Process Servers will gladly draft these documents for your approval and provide Court Running Services prior to serving.
"Although adoption of the UIDDA will streamline the process for issuing subpoenas, the new law does not mean out-of-state attorneys will never need local counsel in Ohio. An individual or entity served with a subpoena under the new law may still apply, in accordance with the Ohio Rules of Civil Procedure, for a protective order or to enforce, quash, or modify the subpoena in the court in the county in which discovery is to be conducted. In such case, the out-of-state party would require an Ohio-licensed attorney to appear on its behalf in order to enforce the subpoena." States one Ohio attorney (https://www.frantzward.com/news-blog/september-2016/ohio-s-adoption-of-the-uniform-interstate-depositi)
$50.00 Paralegal fee for document preparation of Rule 45 Subpoena and copies, and for e-filing Return of Service
$0.10/page for copies and printing
$xx Court filing fee, depending on the Court. Hamilton County does not charge for issuing Subpoenas
Service Fee as quoted per county on the Services and Cost page
$200.00/ hr. for Local Counsel - only to enforce, quash, or modify the subpoena in the local Ohio court