Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Monday, December 11, 2023 11:11:43 Al
CASE NUMBER: 2020 DR 00906 Docket ID: 612702851
Mike Foley
CLERK OF COURTS MONTGOMERY COUNTY OHIO
COURT OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO
DOMESTIC RELATIONS DIVISION
SUBPOENA
CASE NO.
2020 DR 00906
Brandon G. Winters , Plaintiff/Petitioner [This subpoena is issued upon application of the:
-V8- (OPlaintiff/1* Petitioner [XjDefendant/2™ Petitioner
TYPE OF SERVICE:
Nancy A. Arsan , Defendant/Petitioner
[DJAttomey (Process Server
1 sherift Cettified Mail
Zineb Sbai
1142 Deercreek Drive
Fairborn, Ohio 45324
YOU ARE HEREBY COMMANDED to be and appear before the Court of Common Pleas of the County of Montgomery,
Ohio at the place, date, and time specified below in the above-entitied case.
PLACE: DAYTON MONTGOMERY COUNTY COURTS BLDG. COURTROOM:
301 WEST THIRD STREET
SECOND FLOOR
DAYTON, OHIO 45422 FLOOR:
2nd
JUDGE: DATE AND TIME:
Denise L. Cross/Magistrate Jaqueline V. Gaines December 19, 2023 at 2:30 p.m.
ATTEND AND GIVE TESTIMONY AT ATRIAL, HEARING, OR DEPOSITION ON THE DATE, TIME, AND AT THE PLACE SPECIFIED ABOVE.
oO ATTEND AND PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR TANGIBLE THINGS AT A TRIAL, HEARING, OR
DEPOSITION ON THE DATE, TIME, AND AT THE PLACE SPECIFIED ABOVE.
Oo PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED ABOVE, OF ANY
DESIGNATED DOCUMENTS OR ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL.
o PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED
ABOVE, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL.
Oo PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR THE PURPOSES DESCRIBED IN CIVIL RULE
34(A)(3), ON THE DATE AND AT THE TIME SPECIFIED ABOVE.
DESCRIPTION OF ITEMS TO BE PRODUCED: DESCRIPTION OF LAND OR OTHER PREMISES:
Witness my hand and seal of said court ATTORNEY'S NAME, ADDRESS, AND PHONE:
Mike Foley, Clerk of the Court of Common Pleas Lawrence W. Henke, Ill
MA) #6,
120 W. Second Street, Ste. 503
Dayton, Ohio 45402
Phone: (937) 461-9330
Deputy Clerk or Attorney Signature {pursuant to Civ. R. 45A(2)}
Date:
NOTE: READ ALL INFORMATION ON THE SECOND PAGE OF THIS SUBPOENA.
IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO
DOMESTIC RELATIONS DIVISION
Brandon G. Winters > Plaintiff/Petitioner Case No. 2020 DR 00906
=VS- Judge Denise L. Cross/Magistrate Jaqueline V. Gaines
Nancy A. Arsan , Defendant/Petitioner
RETURN OF SERVICE OF SUBPOENA
TYPE OF SERVICE: PERSONAL RESIDENCE ___ FAILURE
FEES | received this subpoena on (date), and served
Service (name) by
Mileage. (date).
| was unable to complete service for the following reason:
Copy
Total
Served By: Title:
Signature of Serving Party
RULE 45(C) 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 person commanded to produce under divisions (A)(1)(b), {iv}. (v), oF (vi) of this rule need not appear in person at the place of production
or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial. :
(b) Subjectto division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), (i), (iv), (v), or (vi) of this rule may, within
fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve
upon the party or attorney designated in the subpoena written objectionsto production. If objection is made, the party serving the subposna shall
not be entitled to production except pursuant to an order of the court by which the subpoena was issued. 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, of 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 of opinion held by an expert not retained or specially employed by any party in anticipation of litigation or
preparation for trial as described by Civ.R. 26(B)(4), ifthe 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.
@) 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 atiomey. A motion filed pursuant to division (C)(3X4) of this rule shall be supported by an
aifidavit of the subpoenaed person or a certificate of that person’s attorney
of the efforts made to resolve any claim of undue burden.
(6) ifa mation is made under division (C)(3)(c) or (C\(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.
GIVIL RULE 45(D) DUTIES IN RESPONDING TO SUBPOENA
(1) A person responding to a subpoena to produca dacuments shall, at the person's option, produce them 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 or electronically stored
information pursuant to a subpoena for them shall permit their inspection and copying by ail parties present at the fime and place set in the
subpoena far inspection and copying.
(2) Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpoena 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 courtor agreed to by the person subpoenaed, a person responding to a subpoena need not produce
the same electronically stored information in more than one form.
(3) A person need not provide discovery of electronically stored information when the production imposes undue burden or expense. On mation to
compel discovery or for a protective order, the person from whom electronically stored information is sought must show that the 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 electronically stored information if the requesting party shows good cause. The court shall consider the factors in Civ. R. 26(B}(4)
when determining if good cause exists. In ordering production of electronicaily stored information, the court may specify the format, extent, timing,
allocation of expenses and other conditions for the discovery of the electronically stored information.
@) 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 decuments, communications, or things not produced that is
sufficient fo enable the demanding party to contest the claim.
6) information is produced in response to a subpoena that is subject to a claim of priviiege or of protection as tria-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 contral. A party may not
se or disclose the information until te 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 reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is
resolved,
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Monday, December 11, 2023 11:11:43 Al CASE NUMBER: 2020 DR 00906 Docket ID: 612702851 Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO COURT OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO DOMESTIC RELATIONS DIVISION SUBPOENA CASE NO. 2020 DR 00906 Brandon G. Winters , Plaintiff/Petitioner [This subpoena is issued upon application of the: -V8- (OPlaintiff/1* Petitioner [XjDefendant/2™ Petitioner TYPE OF SERVICE: Nancy A. Arsan , Defendant/Petitioner [DJAttomey (Process Server 1 sherift Cettified Mail Zineb Sbai 1142 Deercreek Drive Fairborn, Ohio 45324 YOU ARE HEREBY COMMANDED to be and appear before the Court of Common Pleas of the County of Montgomery, Ohio at the place, date, and time specified below in the above-entitied case. PLACE: DAYTON MONTGOMERY COUNTY COURTS BLDG. COURTROOM: 301 WEST THIRD STREET SECOND FLOOR DAYTON, OHIO 45422 FLOOR: 2nd JUDGE: DATE AND TIME: Denise L. Cross/Magistrate Jaqueline V. Gaines December 19, 2023 at 2:30 p.m. ATTEND AND GIVE TESTIMONY AT ATRIAL, HEARING, OR DEPOSITION ON THE DATE, TIME, AND AT THE PLACE SPECIFIED ABOVE. oO ATTEND AND PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION, OR TANGIBLE THINGS AT A TRIAL, HEARING, OR DEPOSITION ON THE DATE, TIME, AND AT THE PLACE SPECIFIED ABOVE. Oo PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED ABOVE, OF ANY DESIGNATED DOCUMENTS OR ELECTRONICALLY STORED INFORMATION THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL. o PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED ABOVE, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL. Oo PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR THE PURPOSES DESCRIBED IN CIVIL RULE 34(A)(3), ON THE DATE AND AT THE TIME SPECIFIED ABOVE. DESCRIPTION OF ITEMS TO BE PRODUCED: DESCRIPTION OF LAND OR OTHER PREMISES: Witness my hand and seal of said court ATTORNEY'S NAME, ADDRESS, AND PHONE: Mike Foley, Clerk of the Court of Common Pleas Lawrence W. Henke, Ill MA) #6, 120 W. Second Street, Ste. 503 Dayton, Ohio 45402 Phone: (937) 461-9330 Deputy Clerk or Attorney Signature {pursuant to Civ. R. 45A(2)} Date: NOTE: READ ALL INFORMATION ON THE SECOND PAGE OF THIS SUBPOENA. IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO DOMESTIC RELATIONS DIVISION Brandon G. Winters > Plaintiff/Petitioner Case No. 2020 DR 00906 =VS- Judge Denise L. Cross/Magistrate Jaqueline V. Gaines Nancy A. Arsan , Defendant/Petitioner RETURN OF SERVICE OF SUBPOENA TYPE OF SERVICE: PERSONAL RESIDENCE ___ FAILURE FEES | received this subpoena on (date), and served Service (name) by Mileage. (date). | was unable to complete service for the following reason: Copy Total Served By: Title: Signature of Serving Party RULE 45(C) 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 person commanded to produce under divisions (A)(1)(b), {iv}. (v), oF (vi) of this rule need not appear in person at the place of production or inspection unless commanded to attend and give testimony at a deposition, hearing, or trial. : (b) Subjectto division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), (i), (iv), (v), or (vi) of this rule may, within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after service, serve upon the party or attorney designated in the subpoena written objectionsto production. If objection is made, the party serving the subposna shall not be entitled to production except pursuant to an order of the court by which the subpoena was issued. 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, of 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 of opinion held by an expert not retained or specially employed by any party in anticipation of litigation or preparation for trial as described by Civ.R. 26(B)(4), ifthe 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. @) 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 atiomey. A motion filed pursuant to division (C)(3X4) of this rule shall be supported by an aifidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve any claim of undue burden. (6) ifa mation is made under division (C)(3)(c) or (C\(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. GIVIL RULE 45(D) DUTIES IN RESPONDING TO SUBPOENA (1) A person responding to a subpoena to produca dacuments shall, at the person's option, produce them 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 or electronically stored information pursuant to a subpoena for them shall permit their inspection and copying by ail parties present at the fime and place set in the subpoena far inspection and copying. (2) Ifa request does not specify the form or forms for producing electronically stored information, a person responding to a subpoena 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 courtor agreed to by the person subpoenaed, a person responding to a subpoena need not produce the same electronically stored information in more than one form. (3) A person need not provide discovery of electronically stored information when the production imposes undue burden or expense. On mation to compel discovery or for a protective order, the person from whom electronically stored information is sought must show that the 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 electronically stored information if the requesting party shows good cause. The court shall consider the factors in Civ. R. 26(B}(4) when determining if good cause exists. In ordering production of electronicaily stored information, the court may specify the format, extent, timing, allocation of expenses and other conditions for the discovery of the electronically stored information. @) 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 decuments, communications, or things not produced that is sufficient fo enable the demanding party to contest the claim. 6) information is produced in response to a subpoena that is subject to a claim of priviiege or of protection as tria-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 contral. A party may not se or disclose the information until te 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 reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved,