Being A Witness
Ohio Crim.R. 17 — the paper that is not a request
Most people expect to meet the system as the person being accused, or not at all. There is a third way in and it arrives in an envelope. A subpoena is process issued by a court, not a letter asking whether a date suits, and the rules that follow from that catch people out in both directions.
There are two things a subpoena can ask for and they are worth telling apart. One compels a person to attend and testify. The other compels the production of documents or objects, which the criminal rule provides for separately, and that version can land on somebody who is never going to take a stand at all.
| What a witness is paid | Amount |
|---|---|
| A full day's attendance at a court of record, civil case | $12 |
| A half day's attendance | $6 |
| Mileage to and from the witness's residence | Set by each county's commissioners, not to exceed 50.5 cents a mile |
| A criminal case | The same fees the civil section provides |
Nobody is attending for the money. The figures are here because they are the actual numbers, and because a person weighing a day of lost wages against a court date is entitled to know that the fee is twelve dollars rather than to find out on the day.
A witness who is also the person the offence was committed against has a further set of rights, written into the Ohio Constitution rather than into a statute.
- On request, reasonable and timely notice of all public proceedings involving the offence, and the right to be present at them.
- The right to be heard in any public proceeding involving release, plea, sentencing, disposition or parole, and in any proceeding where a right of the victim is implicated.
- The right to refuse an interview, a deposition or another discovery request made by the accused or by anybody acting on their behalf.
- The right to assert these, personally or through the prosecutor or another lawful representative, and to petition the court of appeals if the relief sought is denied.
“Am I here as a witness or as a suspect.”
Service, timing and the route to quash or modify a subpoena are set by the rules and differ between criminal and civil cases, and a subpoena that was never properly served is a different situation from one that was. Grand jury proceedings, administrative hearings and out of state subpoenas each run on their own rules. Privileges other than the one against self incrimination, including those covering spouses, lawyers, doctors and clergy, sit in their own sections. Whether a particular question can be compelled, and whether a subpoena should be challenged, are questions for a licensed Ohio attorney, and a witness may have one even though the case is not theirs.
Sources for this section (8)
- Ohio Crim.R. 17 — Subpoena in a criminal case, including for documents
- ORC 2705.02 — Acts that may be punished as a contempt of court
- U.S. Const. amend. V — Rights in criminal cases, self incrimination
- Ohio Civ.R. 45 — Subpoena in a civil case
- ORC 2335.06 — Witness fees in civil cases, and mileage
- ORC 2335.08 — Witness fees in criminal cases
- Ohio Const. art. I, § 10a — Rights of victims of crimes, known as Marsy's Law
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.