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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 113425
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A judge made a ruling in a child support case in Ohio. I cannot

Customer Question

A judge made a ruling in a child support case in Ohio. I cannot get family services to actually do what the judge ordered. I am asking for a Hearing with family services and I want to subpoena the judge. Anything in the law that prevents an Ohio Judge from responding to a subpoena? My research so far says he must respond. What says you? Any case law to back up your decision?
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Anyone can be subpoenaed. There is no OH law or case law saying a judge can or cannot be subpoenaed. A witness can be subpoenaed only if their testimony is relevant and necessary to the case. In case of a judge, if you are subpoenaing them because you want them to testify about their ruling, the ruling itself is self proving evidence and does not need witness testimony to corroborate. So having a judge testify about what they ruled on your case would be deemed an unnecessary witness and as such the judge could file a motion to quash the subpoena. If you have something you need the judge to testify to that is relevant to your case and is not in any of the court orders, then the judge has to appear in response to your subpoena and there is absolutely nothing in the law prohibiting that.
Customer: replied 9 months ago.
Is there a case law precedent I can quote when they say it is not possible? Which I know they will
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
There is nothing either way, as I said above. There is no case law saying you cannot subpoena them and no case law saying you can. It is like subpoenaing anyone else, their testimony must be necessary and relevant to your case. Most people do not subpoena the judge because the court order is their evidence and that is all that is necessary.
Customer: replied 9 months ago.
OK, I found cases in other states. I guess I just assumed this would have come up before in Ohio history of the courts.Thanks
Expert:  Law Educator, Esq. replied 9 months ago.
I did not find anything in the OH library of cases I am afraid.