Your supervising attorney has determined that it is time to depose the Plaintiff in our case between Cain and Abel, as well as a witness to the accident, Ms. Bunny Rabbit. Ms. Rabbit lives at 123 Looney Tunes Dr., in Whiteacre. He wishes to depose both deponents at his office and would like to depose Ms. Rabbit first, to gain as much knowledge as possible before he deposes the Plaintiff. Using the templates provided by your firm, prepare a Subpoena for Ms. Rabbit, and a Notice of Deposition for the Plaintiff.Your supervising attorney has asked you to schedule the depositions with the opposing attorney, so the dates and times are up to you. After you’ve drafted the Subpoena and Notice of Deposition for his review, prepare a cover letter to be sent with the documents to the opposing attorney.Please make sure to do all of what is asked in this assignment!IN THE COMMON PLEAS COURT
Name and address of deponent
You are hereby commanded to appear at the offices of _________(include address), on
_____, at _____am, and to testify on behalf of (party issuing subpoena), and to tell the truth in
the taking of your deposition under penalty of law.
City, State, Zip
ATTORNEY, Attorney for _____
The above named individual received
the sum of ____________________________
for advance witness fee in this case.
RETURN ON SERVICE
On the ____ day of ________, 2013
I served the above named individual by
Dated __________________, 2013
1 days’ fee tendered_______________
Service and Return _______________
(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) A person commanded to produce under divisions (A)(1)(b), (iii), (iv), (v), or (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
(b) Subject to division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), (iii), (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 objections to
production. If objection is made, the party serving the subpoena 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, or 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 or 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), if the 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.
(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 filed pursuant to
division (C)(3)(d) of this rule shall be supported by an affidavit of the subpoenaed person or a certificate of that person’s
attorney of the efforts made to resolve any claim of undue burden.
(5) If a motion 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
(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 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
all parties present at the time and place set in the subpoena for inspection and copying.
(2) If a 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 court or agreed to by the person
subpoenaed, a person responding to a subpoena need not produce the same electronically stored information in more than
(3) A person need not provide discovery of electronically stored information when the production imposes undue burden or
expense. On motion 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 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 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
documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
(5) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trialpreparation 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 return, sequester, or destroy the specified information and
any copies within the party’s possession, custody or control. A party may not use or disclose the information until the claim
is resolved. A receiving party may promptly present the information to the court 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.
IN THE COURT OF
NOTICE OF DEPOSITION
Attorney for Plaintiff
Please take notice that the following dates and times have been agreed to by counsel.
Defendant will take the deposition of _____, on _____ at ___.
Plaintiff will take this deposition at ______.
The dates, times and places have been arranged and agreed to by counsel for the
parties. The depositions will continue from day to day until completed. The
examination will take place before a Notary Public or some other officer authorized by
law to administer under oath. The purpose of the depositions are to preserve testimony
for presentation at trial. The time and place of the depositions may be altered by
mutual agreement of counsel to accommodate schedules.
You are hereby notified of the deposition so that you may attend and take part to the
extent permitted by law.
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on _________, a copy of the foregoing Notice of Deposition was sent
via US Mail to ____________
Attorney for Defendant
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