When a witness, except a witness who has demanded and has not been paid his traveling fees and fee for one day's attendance when a subpoena is served upon him, as authorized by the provisions of section 2317.18 of the Revised Code, fails to obey a subpoena personally served, the court or officer, before whom his attendance is required, may issue to the sheriff or a constable of the county, a writ of attachment, commanding him to arrest and bring the person named in the writ before such court or officer at the time and place the writ fixes, to give his testimony and answer for the contempt. If such writ does not require the witness to be immediately brought, he may give bond for a sum fixed by the court of common pleas or the court which issued the subpoena, with surety, for his appearance, which sum shall be endorsed on the back of the writ, except that, if no sum is so endorsed, it shall be one hundred dollars. When the witness was not personally served, the court, by a rule, may order him to show cause why such writ should not issue against him.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1962–2022 · leading case: Pembaur v. City of Cincinnati, 475 U.S. 469 (1986).
Pembaur v. City of Cincinnati, 475 U.S. 469 (1986). · cites it 2דSee Ohio Rev. Code Ann. § 2317.21 (1981). [2] Hamilton County Prosecutor Leis was not made a defendant because counsel for petitioner believed that Leis was absolutely immune.”
State v. Fairman, 2011-Ohio-6489. “The State, on the other hand, points out that pursuant to R.C. 2317.21, a trial court may only issue a material witness warrant if the witness has been personally served with the subpoena; residential service is insufficient.”
Walpole v. Walpole, 2013-Ohio-3529. “45(F) and R.C. 2317.21. {¶54} In Sharwell v. Leonard, 8th Dist.”
State v. Townsend, 2019-Ohio-1134. “Pursuant to R.C. 2317.21, in order to obtain the issuance of a writ of attachment from the court and secure the attendance of an absent witness, it is necessary for the disobeying witness to have been personally served with a prior subpoena.”
State v. Hardy, 2007 Ohio 1159 (Ohio Ct. App. 8th Dist. 2007). “R.C. 2317.21." { 69} In this matter, defense counsel admitted that Campbell was never served with a subpoena.”
State v. Hand, 22114, 2008 Ohio 1870 (Ohio Ct. App. 2d Dist. 2008). “" R.C. 2317.21(emphasis added); See, State v.”
State v. Eatmon, 2022-Ohio-1197, 201 N.E.3d 818. “See R.C. 2317.21 (in such an instance, the court “may issue to the sheriff or a constable of the county, a writ of attachment, commanding him to arrest and bring the person named in the writ before such court or officer at the time and place the writ fixes, to give his testimony…”
Fletcher v. Bolz, 520 N.E.2d 22 (Ohio Ct. App. 10th Dist. 1987). “30(A) provides that the attendance of a witness deponent may be compelled by the use of subpoena as provided by Civ.”
State v. Traylor, 2016-Ohio-5564. · cites it 2ד" R.C. 2317.21 states in relevant part, [w]hen a witness * * * fails to obey a subpoena personally served, the court or officer, before whom his attendance is required, may issue to the sheriff or a constable of the county, a writ of attachment, commanding him to arrest and…”
State v. Heggem, 2018-Ohio-1423. “In any event, we see no reasonable probability that the result of Heggem’s trial would have been different even if Shock had testified. As set forth above, defense counsel proffered that she would testify about loaning her car to someone else earlier in the evening and about…”
Lakis v. Crouch, 194 N.E.2d 788 (Ohio Ct. App. 10th Dist. 1962). · cites it 2דSection 2317.21, supra, provides in part as follows: “When a witness, except a witness who has demanded and has not been paid his traveling fees and fee for one day’s attendance when a subpoena is served upon him, as authorized by the provisions of Section 2317.”
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