QUESTION

I can't find a form to motion the FRANKLIN COUNTY MUNICIPAL COURT SMALL CLAIMS DIVISION of Ohio for a subpoena duces tecum pertaining to my case.

Asked on May 03rd, 2017 on Business Litigation - Ohio
More details to this question:
I have found a Blank Motion form but I want to make sure I word it correctly.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't practice in Ohio, so maybe the procedure is different there, but in the various jurisdictions in which I practice you don't make a motion for a subpoena.  You simply serve the subpoena.  If the party served refuses to comply, you would then make a motion to have the court enforce the subpoena.  You might need to make a motion if you need to have a subpoena issued out of the state in which your action is pending, but it is very unlikely that a small claims court would have the power to do that.
Answered on May 03rd, 2017 at 2:25 PM

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