Ohio Subpoena Compliance • Ohio Civ.R. 45 & R.C. 2335.06
Ohio Subpoena Service (Civ.R. 45) & Statutory Witness Fees Under R.C. 2335.06 ($12 Full-Day / $6 Half-Day + Mileage)
1. Ohio Statutory Witness Fee & Subpoena Comparison Table (Civ.R. 45 & R.C. 2335.06)
Under Ohio Civil Rule 45(B), a subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or by any person who is not a party and is not less than eighteen years of age. Crucially, unlike a civil summons under Civ.R. 4.1(B), a private process server does NOT need a special court appointment order to serve a subpoena under Civ.R. 45.
However, failing to tender the statutory witness fee and mileage required by Ohio Revised Code § 2335.06 when serving a live-testimony subpoena gives a reluctant witness an immediate ground to move to quash or resist contempt sanctions under Civ.R. 45(E). Below is the exact statutory breakdown comparing Ohio state court and federal court subpoenas.
| Subpoena Type | Statutory Authority | Mandatory Witness Fee | Mileage Rate | Who Can Serve & Rules |
|---|---|---|---|---|
| Ohio State Civil Trial / Hearing Subpoena (Full Day) | Ohio Civ.R. 45(B) & R.C. 2335.06(A) | $12.00 per full day | County-set rate, max. 50.5¢/mile | Any non-party adult 18+; tender fee upon demand at service |
| Ohio State Civil Deposition / Half-Day Subpoena | Ohio Civ.R. 45(B) & R.C. 2335.06(A) | $6.00 per half-day | County-set rate, max. 50.5¢/mile | Any non-party adult 18+; served personally, at residence, or read to witness |
| Ohio Business / Medical Records Subpoena Duces Tecum (No Appearance) | Ohio Civ.R. 45(A) & R.C. 3701.741 | $0.00 appearance fee (statutory copy fees apply upon billing) | $0.00 mileage | Prior notice of issuance must be served on all parties under Civ.R. 45(A)(3) |
| U.S. District Court (N.D. Ohio / S.D. Ohio) Federal Subpoena | Fed. R. Civ. P. 45 & 28 U.S.C. § 1821 | $40.00 per day | $0.67/mile (current GSA rate) | Must be tendered simultaneously at the moment of personal delivery |
2. Step-by-Step Procedural Execution Under Ohio Civ.R. 45(A)–(C)
Ohio Civil Rule 45(B) provides remarkably broad mechanics for completing subpoena service compared to other jurisdictions. Specifically, service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person, by reading it to him or her in person, by leaving it at the person's usual place of residence, or by placing a sealed envelope containing the subpoena in the United States mail as return-receipt or express mail return receipt requested.
When serving a subpoena duces tecum commanding the production of documents, electronically stored information, or tangible things without a deposition, Ohio Civ.R. 45(A)(3) mandates that the issuing party serve a copy of the subpoena on all other parties to the action BEFORE or simultaneously with service on the non-party custodian. Furthermore, the subpoena must include the complete text of Civ.R. 45(C) and (D) regarding witness protections and duties.
- Verify Mandatory Rule Text: Ensure the back or second page of your Ohio subpoena prints the verbatim text of Ohio Civ.R. 45(C) and Civ.R. 45(D), as required by Civ.R. 45(A)(1)(c).
- Calculate Round-Trip Mileage Under R.C. 2335.06: Measure the distance from the witness's residence to the courthouse or deposition office multiply the miles by the rate your county commissioners have set (capped at 50.5¢ per mile by R.C. 2335.06), and add $12.00 (full day) or $6.00 (half-day).
- Execute Personal or Residence Delivery: The process server delivers the subpoena in hand or at the witness's verified usual place of residence and tenders the witness fee check.
- File Endorsed Return of Service: Under Civ.R. 45(B), the server files the signed return with the Clerk stating the manner, time, and place of service.
3. Field Rejection Modes: Why Ohio Subpoenas Get Quashed Under Civ.R. 45(C)
Under Ohio Civ.R. 45(C)(3)(a), a court shall quash or modify a subpoena if it fails to allow 'reasonable time to comply.' While Ohio Civ.R. 45 does not specify a fixed number of days statewide, several local rules (including Cuyahoga County Common Pleas and Franklin County Common Pleas practice) treat less than 7 to 14 days for document production—or less than 5 business days for personal appearance absent an emergency court order—as presumptively unreasonable.
Additionally, serving a subpoena duces tecum for medical records at a hospital lobby rather than the centralized Health Information Management (HIM) department, or omitting a HIPAA-compliant patient authorization or Qualified Protective Order, triggers an immediate written objection under Civ.R. 45(C)(2)(b). Once a written objection is served within 14 days (or before the compliance date), the requesting party cannot inspect the records without obtaining a court order to compel.
4. Court-Ready Return of Service & Contempt Enforcement Under Civ.R. 45(E)
If a subpoenaed witness fails to appear at a deposition or trial, the judge will not issue a bench warrant or show-cause contempt order under Ohio Civ.R. 45(E) unless the court file contains a rock-solid Return of Service proving timely delivery and witness fee tender.
The process server completes the official Return of Service endorsement directly on the subpoena (plus a supplemental Affidavit of Service), documenting the exact date, time, address, physical description of the recipient, and confirmation that the R.C. 2335.06 witness fee and mileage check was tendered.
Frequently Asked Questions
- Does a private process server need a court order to serve an Ohio subpoena?
- No. Under Ohio Civ.R. 45(B), any person who is not a party and is at least 18 years of age may serve a civil subpoena in Ohio without a court appointment order.
- Can an Ohio subpoena be served by leaving it at the witness's residence?
- Yes. Unlike the federal rules, Ohio Civ.R. 45(B) explicitly permits serving a subpoena by leaving it at the person's usual place of residence.
- How much is the statutory witness fee for an Ohio civil deposition?
- Under Ohio Revised Code § 2335.06(A), the statutory witness fee is $12.00 for each full day's attendance and $6.00 for each half-day's attendance, plus mileage at the county-set rate (max. 50.5¢/mile) from the witness's residence to the place of examination.
- How is the R.C. 2335.06 witness fee check handled?
- Include the statutory R.C. 2335.06 witness fee and mileage check with your subpoena packet, and mention it in the Special Instructions on the /order page so it is tendered at service.