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mn ‘ito
IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO
DOMESTIC RELATIONS DIVISION 4 Mp C& Ya,
Brandon G, Winters , PlaintiffPetitioner Case No. 2020 16 _ OF
“VS- Denise b. Crossittagistrata Jaqueline V.«
?
Nancy A. Asan , Defendant/Petitioner
Judge C
lp,
TYPE OF SERVICE: PERSONAL — RESIDENCE
RETURN OF SERVICE OF SUBPOENA
FAILURE 5
FEES | teceived is subpoena on ~ [f Ne
ee
late), and served
Service (name) by on
Mileage. A - (date),
Copy I was unable to complete service for the following reason:
Total WO
cones ev lePP woz KR Title: me
=
ee
Signature of Servi " ing: Party te
ao
RULE 45(C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS
(1) A party or an attomey responsible for the issuance and service of a subpoena shall take reasonable steps to aveid imposi indue burdeq or maa
expense on a person subject to that subpoana. ee
(2) (a) A person commanded to produce under divisions (A)(1)(b), (iil), (lv), (¥), oF (vl) of this rule need not appear in person afi ihe place of Bipducton
or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial.
(©) Subject to division (D)(2) of this ruta, a parson commanded to produce under divisions {A)(1}(b}, (ii), Gv), (v), oF (vi) of hg tule may, within
fourteen days after service of the subposna or before the time specified for compliarice if such time ia less than fourteen days aftér servis, serves
upon the partyor attornay designated in the subpcena written objections to production. If objection Is made, the party ser rindthe sub
hot be entilled to production except pursuant.to an order of the court by which the subpoena was issued. If objection has been made, poeta shall =
i
serving the subpoena, upon nalics to the person commanded to produce, may mave at any time for an order to compel the producti in.theAn party
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;
(b) Requires disclosure of privileged or othenvise protected matter and no exception or waiver applies:
{c) Raquites disclosure of a fact known ar opinion held by an expert not retalned or specially employed by any party in anticipation of litigation or-
preparation for trial es dascrived by Civ.R. 26(8)(4), if the fact or opinion does nat describa s| specific events or occurrencas in dispute and results
from study by that expert that was not made at (he request of any party:
(d) 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 fited pursuant to division (C)(3)(d) of this rule shall be supported by an
affidavit ofthe subpoenaed person ora certificate of that person's attorney of the efforts made to resolve any claim of undue burden.
(6) Ifa motion is made under division (CX3Xc) or (C}(3)(d} of this rule, the court shall quash or modify the subpoena uniess the party in whose behalf
the subpoena Is issued shows a substantia! need for the testimony cr material that cannot be otherwise met without undue hardship and assures
that the person to whom the subpoena is addressed will be reasonably compensated.
CIVIL RULE 45(D) DUTIES IN RESPONDING TO SUBPOENA
(1) A person responding to a subpoena to produce documents shall, at the person's option, produce them as thay are kept in the usual course of
business or organized and labeled to correspond with the categories in tha subpoena. A person producing decuments or olactronically stored
information pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place sat in tha
subpoena for inspection and copying.
(2) Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpcena may produce
the information in a form or forms In which the information is ordinarily maintained if that form is reasonably useable, or in any form that Is
reasonably useable, Unless ordered by the caurt or agreed to by the parson subpoenaed, a person responding to a subpoana need not produce
the same electronically stored information in more than one form,
(8) Aperson need not provide discovery of electronically slored information when the production imposes undue burd@n or expense. On motion to
compel discovery cr fora protective order, the person from whom electronically stored information is sought must show that tha 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 etectronically stored information if the requesting party shows good causa. The court shall consider the factors in Civ, R. 26(B)(4)
when defermining 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 the discovery of the electronically stored information.
(4) When information subject ta. a subpoena Js 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
sufficlent to enable the damanding partyto contest the claim.
(5) If information fs produced in rasponse to a subpoena that is subjectto a claim of privilege orof 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 retum, sequester, or destroy the specified Information and any copies within the party's possession, custody or control, A party may nat
use of disclose the information until the claim is resolved. A receiving party may promptly present the information to the caurt under seal for a
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 reason: . able steps to retriave it, The person who produced the information must Preserve the information until the claim Is.
resolved.
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vg mn ‘ito IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO DOMESTIC RELATIONS DIVISION 4 Mp C& Ya, Brandon G, Winters , PlaintiffPetitioner Case No. 2020 16 _ OF “VS- Denise b. Crossittagistrata Jaqueline V.« ? Nancy A. Asan , Defendant/Petitioner Judge C lp, TYPE OF SERVICE: PERSONAL — RESIDENCE RETURN OF SERVICE OF SUBPOENA FAILURE 5 FEES | teceived is subpoena on ~ [f Ne ee late), and served Service (name) by on Mileage. A - (date), Copy I was unable to complete service for the following reason: Total WO cones ev lePP woz KR Title: me = ee Signature of Servi " ing: Party te ao RULE 45(C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS (1) A party or an attomey responsible for the issuance and service of a subpoena shall take reasonable steps to aveid imposi indue burdeq or maa expense on a person subject to that subpoana. ee (2) (a) A person commanded to produce under divisions (A)(1)(b), (iil), (lv), (¥), oF (vl) of this rule need not appear in person afi ihe place of Bipducton or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial. (©) Subject to division (D)(2) of this ruta, a parson commanded to produce under divisions {A)(1}(b}, (ii), Gv), (v), oF (vi) of hg tule may, within fourteen days after service of the subposna or before the time specified for compliarice if such time ia less than fourteen days aftér servis, serves upon the partyor attornay designated in the subpcena written objections to production. If objection Is made, the party ser rindthe sub hot be entilled to production except pursuant.to an order of the court by which the subpoena was issued. If objection has been made, poeta shall = i serving the subpoena, upon nalics to the person commanded to produce, may mave at any time for an order to compel the producti in.theAn party 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; (b) Requires disclosure of privileged or othenvise protected matter and no exception or waiver applies: {c) Raquites disclosure of a fact known ar opinion held by an expert not retalned or specially employed by any party in anticipation of litigation or- preparation for trial es dascrived by Civ.R. 26(8)(4), if the fact or opinion does nat describa s| specific events or occurrencas in dispute and results from study by that expert that was not made at (he request of any party: (d) 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 fited pursuant to division (C)(3)(d) of this rule shall be supported by an affidavit ofthe subpoenaed person ora certificate of that person's attorney of the efforts made to resolve any claim of undue burden. (6) Ifa motion is made under division (CX3Xc) or (C}(3)(d} of this rule, the court shall quash or modify the subpoena uniess the party in whose behalf the subpoena Is issued shows a substantia! need for the testimony cr material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated. CIVIL RULE 45(D) DUTIES IN RESPONDING TO SUBPOENA (1) A person responding to a subpoena to produce documents shall, at the person's option, produce them as thay are kept in the usual course of business or organized and labeled to correspond with the categories in tha subpoena. A person producing decuments or olactronically stored information pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place sat in tha subpoena for inspection and copying. (2) Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpcena may produce the information in a form or forms In which the information is ordinarily maintained if that form is reasonably useable, or in any form that Is reasonably useable, Unless ordered by the caurt or agreed to by the parson subpoenaed, a person responding to a subpoana need not produce the same electronically stored information in more than one form, (8) Aperson need not provide discovery of electronically slored information when the production imposes undue burd@n or expense. On motion to compel discovery cr fora protective order, the person from whom electronically stored information is sought must show that tha 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 etectronically stored information if the requesting party shows good causa. The court shall consider the factors in Civ, R. 26(B)(4) when defermining 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 the discovery of the electronically stored information. (4) When information subject ta. a subpoena Js 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 sufficlent to enable the damanding partyto contest the claim. (5) If information fs produced in rasponse to a subpoena that is subjectto a claim of privilege orof 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 retum, sequester, or destroy the specified Information and any copies within the party's possession, custody or control, A party may nat use of disclose the information until the claim is resolved. A receiving party may promptly present the information to the caurt under seal for a 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 reason: . able steps to retriave it, The person who produced the information must Preserve the information until the claim Is. resolved.