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Old 11-30-2018, 10:27 AM   #1
hale6
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Default Attorney in Ohio state court issues a subpoena to me in Arizona

Can an attorney in an Ohio state court issue a subpoena to me in Arizona and force me to appear as a witness in an Ohio matter?
I received such a subpoena but I am not sure that it is really valid?
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Old 11-30-2018, 11:18 AM   #2
adjusterjack
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Default Re: Attorney in Ohio state court issues a subpoena to me in Arizona

Quote:
Originally Posted by hale6 View Post
Can an attorney in an Ohio state court issue a subpoena to me in Arizona?
Obviously he CAN do it because he DID do it.

Quote:
Originally Posted by hale6 View Post
and force me to appear as a witness in an Ohio matter?
I received such a subpoena but I am not sure that it is really valid?
That part is a little more complicated.

If you ignore it, it is still on record and you can be cited with contempt and, depending on who is doing what, a warrant can be issued which will also be on record and cause you some inconvenience if you are ever pulled over and it comes up on the officer's computer.

So, you can't (well, shouldn't) ignore it. You can file a Motion to Quash the Subpoena and explain why you are unable to appear, possibly ask to be allowed to appear by phone or have some alternate method of providing the information requested.

Any motion you file with the court has to also be served on all parties to the case and you should be following up daily to make sure of the decision.
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Old 11-30-2018, 04:16 PM   #3
olive
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Default Re: Attorney in Ohio state court issues a subpoena to me in Arizona

And attorney in Ohio in state court is normally not authorized to be issuing subpoenas to out of state persons or entities. The attorney needs to issue the subpoena working through the local court system where you reside in Arizona normally. Not only would the subpoena be invalid, but it’s an ethics and law violation to be issuing such as subpoena although Attorneys do try to do so and mislead people into complying sometimes.
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Old 11-30-2018, 04:17 PM   #4
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Default Re: Attorney in Ohio state court issues a subpoena to me in Arizona

Confirm the status with local attorney in Arizona.
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Old 11-30-2018, 04:17 PM   #5
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Default Re: Attorney in Ohio state court issues a subpoena to me in Arizona

And then proceed if and as needed.
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Old 11-30-2018, 06:16 PM   #6
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Default Re: Attorney in Ohio state court issues a subpoena to me in Arizona

Olive, you may be right, probably are, but self preservation dictates that hale6 address this with the court that issued it ASAP after being advised by counsel on how.
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Old 11-30-2018, 06:20 PM   #7
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Default Re: Attorney in Ohio state court issues a subpoena to me in Arizona

Yes I agree 100%
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