SUBPOENA RETURN: On ______________, the undersigned served this subpoena on _________________________________________________ by:
☐ POST: Leaving a true copy thereof at his/her residence;
☐ RESD: Leaving a true copy thereof at his/her residence with a person of suitable age and discretion therein (see notes below for description);
☐ PERS: Personally delivering to him/her a true copy thereof;
☐ UNSU: I was unable to serve a copy of this document upon him/her (see notes below for reason);
____________________________________________________ DEPUTY CLERK/SPECIAL PROCESS SERVER
RULE 17. RULES OF JUVENILE PROCEDURE, PARTS (D) & (E)
(D) Protection of persons subject to subpoenas.
(1) 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 division
(A)(1)(b)(ii), (iii), or (iv) of this rule is not required to appear
in person at the place of production or inspection unless
commanded to attend and give testimony at a trial, hearing,
proceeding, or deposition.
(b) Subj
ect to division (E)(2) of this rule, a person
commanded to produce under division (A)(1)(b)(ii), (iii), or
(iv) of
this rule may serve upon the party or attorney designated in
the subpoena written objections to production. The
objections must be served within fourteen days after
service of the subpoena or before the time specified for
compliance if that time is less than fourteen days after
service. If objection is made, the party serving the
subpoena shall not be entitled to production except
pursuant to an order of the court that issued the subpoena.
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:
(a) Fails to allow reasonable time to comply;
(b) Requires disclosure of privileged or otherwise protected
matter and no exception or waiver applies;
(c) 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 if the fact
or opinion does not describe specific events or occurrences
in dispute and results from study by that expert that was not
made at the request of any party;
(d) Subjects a person to undue burden.
(4) Before filing a motion pursuant to division (D)(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 (D)(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 (D)(3)(c) or (D)(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.
(E) Duties in responding to subpoena.
(1) A person responding to a subpoena to produce
documents shall at the person's option, produce the
documents 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 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.
(2) 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.
WITNESSES MUST REPORT TO THE CLERK IN THE
COURTROOM FOR WHICH THEY ARE SUBPOENAED
IN ORDER TO INSURE THE TAXATION OF THEIR
FEES. WHEN A WITNESS IS SERVED WITH A
SUBPOENA, HE/SHE MAY DEMAND HIS/HER
MILEAGE FEES AND FEES FOR ONE DAY’S
ATTENDANCE AND, IF HE/SHE RESIDES OUTSIDE
THE COUNTY IN WHICH THE COURT IS LOCATED,
THE MILEAGE FEES AND FEES FOR ATTENDANCE
SHALL BE TENDERED WITHOUT DEMAND.
