Regulation 6 - Issuance of Subpoenas; Foreign Subpoenas(A)Subpoenas. The director shall make available, via the Board's website, signed but otherwise blank subpoena forms for use by the special investigator, respondent, or authorized representative of the relator who shall complete it before service. A notice of subpoena is not required to be issued to the respondent unless probable cause has been found. If probable cause is found, any subpoena previously issued during the investigation into the alleged misconduct shall become public and available for disclosure upon request. A motion to quash a subpoena issued under this section shall be filed with the Board. If the motion to quash is filed prior to the appointment of a hearing panel, the motion shall be ruled upon by the chair or vice-chair of the Board. If a hearing panel has been appointed, the motion to quash shall be ruled on by the chair of the hearing panel.(B)(1)Subpoena pursuant to law of another jurisdiction. A foreign disciplinary authority, pursuant to the law of that jurisdiction and where the issuance of the subpoena has been duly approved, if such approval is required by the law of that jurisdiction, may request issuance of a subpoena for use in an attorney or judicial discipline or impairment proceeding. The director shall issue a subpoena upon such request as provided in this rule.(2) A subpoena issued pursuant to this rule may be issued to compel the attendance of witnesses and production of documents in the county where the witness resides, is employed or as otherwise agreed by the witness. Service, enforcement, and challenges to such subpoenas shall be as provided in Gov. Bar R. V and these regulations.(C)Request for foreign subpoena in aid of proceeding in this jurisdiction. In furtherance of disciplinary or impairment proceedings in this state, a relator or respondent may apply for the issuance of subpoenas in another jurisdiction pursuant to the rules of that jurisdiction. The director may provide assistance to facilitate a request made under this division.Ohio. Gov. Bar. R., reg. 6
Amended effective 3/1/2023.