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In re Enforcement of Subpoena Duces Tecum Directed to Custodian of Records, Wallaby's, Inc.

Citations: 84 Ohio St. 3d 1442; 703 N.E.2d 322; 1998 Ohio LEXIS 3701Docket: 98-2207

Court: Ohio Supreme Court; December 15, 1998; Ohio; State Supreme Court

Narrative Opinion Summary

On October 21, 1998, the Ohio State Bar Association filed a motion seeking an order for the Custodian of Records of Wallaby’s, Inc. to appear in court and explain the failure to comply with subpoenas duces tecum issued by the Board of Commissioners on Grievances and Discipline. On November 23, 1998, the Bar Association notified the court of actions taken by the respondent to address the contempt. The court subsequently ordered that the movant be reimbursed for all costs and fees, including reasonable attorney fees, incurred during the enforcement proceedings. Additionally, the court mandated that all documents filed in this case must comply with the Supreme Court of Ohio's Rules of Practice concerning form, number, and filing timeliness.

Legal Issues Addressed

Compliance with Court Filing Rules

Application: The mandate for compliance with the Supreme Court of Ohio's Rules of Practice highlights the necessity for adherence to procedural rules in court filings.

Reasoning: Additionally, the court mandated that all documents filed in this case must comply with the Supreme Court of Ohio's Rules of Practice concerning form, number, and filing timeliness.

Compliance with Subpoenas Duces Tecum

Application: The Ohio State Bar Association sought court intervention due to non-compliance with subpoenas duces tecum by Wallaby’s, Inc., highlighting the enforcement of compliance with legal subpoenas.

Reasoning: On October 21, 1998, the Ohio State Bar Association filed a motion seeking an order for the Custodian of Records of Wallaby’s, Inc. to appear in court and explain the failure to comply with subpoenas duces tecum issued by the Board of Commissioners on Grievances and Discipline.

Contempt and Remedial Actions

Application: The actions taken by the respondent to address the contempt were acknowledged by the court, indicating the importance of remedial measures in contempt proceedings.

Reasoning: On November 23, 1998, the Bar Association notified the court of actions taken by the respondent to address the contempt.

Reimbursement of Costs and Fees

Application: The court's order for the movant to be reimbursed underscores the principle that parties enforcing compliance with legal obligations may recover costs and attorney fees.

Reasoning: The court subsequently ordered that the movant be reimbursed for all costs and fees, including reasonable attorney fees, incurred during the enforcement proceedings.