How to Subpoena Truck Accident Evidence in Ohio

After a serious truck crash, evidence is crucial to recovering the compensation you deserve. But what happens when the records you need are in the hands of a trucking company, maintenance provider, or third party that refuses to cooperate?

At Ohio Truck Accident Help, our attorneys exhaustively investigate every truck accident case and can use subpoenas to strategically compel the release of essential records, digital data, and testimony that strengthens your claim.

Contact us today for a free, no-risk consultation.

What Is a Subpoena?

A subpoena is a legal order requiring someone to produce evidence or provide testimony in a case. In truck accident lawsuits, subpoenas can require the production of documents, such as driver logs or maintenance records, or mandate that someone appear to testify under oath. Subpoenas come in two main forms—one for documents and one for testimony.

There are two primary types of subpoenas used in truck accident cases:

Subpoena Duces Tecum

Requires the production of documents or physical evidence.

• Black box (ECM) or ELD data
• Driver logbooks and hours-of-service records
• Vehicle maintenance and inspection reports
• GPS data, dispatch logs, and trip sheets
• Internal safety records, emails, and training documents

Subpoena Ad Testificandum

Compels individuals to give sworn testimony during depositions or in court. Often issued to:

• Truck drivers involved in the crash
• Safety managers and supervisors
• Mechanics or maintenance personnel
• Eyewitnesses
• Company oversight & compliance officials

Why Are Subpoenas Important after Truck Accidents?

Trucking companies, insurers, and other third parties are not always eager to share damaging information. Subpoenas help ensure:

• Evidence is preserved before it’s altered or lost
  
• Noncompliant parties are held legally accountable
  
• The full scope of negligence is revealed
  
• Ohio law is followed in enforcing civil discovery
  

Subpoenas help ensure compliance with Ohio law and are often the only way to obtain critical evidence during legal discovery. Without subpoena power, key records might remain hidden, or worse, destroyed.

Who Gets Subpoenaed in a Truck Accident Case?

Subpoenas can be issued to any individual or organization with relevant information. In legal actions involving a commercial truck accident, some common subpoena targets include:

Trucking Companies

Trucking carriers often possess internal records that expose safety violations or FMCSA noncompliance. Subpoenas can uncover:

• Driver qualification files
• Maintenance schedules
• Crash history reports
• Internal emails and dispatch communications

Maintenance Providers

A negligent inspection or faulty repair can cause brake failure, tire blowouts, or steering issues. Subpoenaed documents may reveal:

• Missed service intervals
• Incomplete or falsified inspection reports
• Work orders with known defects left unaddressed

Cell Phone and GPS Providers

Cell phone companies may be subpoenaed for call logs, text messages, and data usage to prove the driver was distracted. GPS data can confirm speeding, erratic driving, or unlawful stops.

Government Agencies or Municipalities

Intersection cameras, highway surveillance footage, and traffic light data can all support your case. We subpoena city and county departments to access:

• CCTV footage
• Crash investigation notes
• Traffic signal timing reports

Subpoena & The Rules of Civil Procedure

Ohio follows the Rules of Civil Procedure regarding subpoenas, particularly Rule 45. The process typically includes:

1. Identification of Needed Evidence – Our attorneys evaluate which documents or testimony are most crucial.
2. Drafting the Subpoena – We customize language to comply with jurisdictional standards.
3. Issuing and Serving – Subpoenas are formally served to the recipient, usually by certified mail or a process server.
4. Compliance or Objection – The recipient must produce the requested materials or formally object.
5. Motion to Compel – If they refuse to comply, we can petition the court to enforce the subpoena.

This process is central to legal discovery and ensures both sides have access to the facts needed to argue their case.

Can Trucking Companies Refuse to Comply With a Subpoena?

Not all subpoenas are accepted without challenge. When objections arise, Ohio Truck Accident Help files motions to compel production, backed by legal briefs and evidence of relevance.

Common objections in Ohio courts include:

• Overbroad or irrelevant requests
  
• Privileged or confidential materials (e.g., medical or attorney-client info)
  
• Unreasonable burden or cost
  
• Privacy or proprietary concerns

Our experienced attorneys are deeply familiar with objection tactics used by trucking companies and their insurance companies. We know how to respond quickly and effectively. We craft narrowly tailored subpoenas, address objections head-on, and present compelling arguments to the court when necessary.

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What If Subpoenaed Evidence Is Hidden or Destroyed?

When a trucking company hides, alters, or destroys subpoenaed evidence—whether intentionally or through negligence—it may face serious legal consequences under Ohio law. This misconduct, known as spoliation of evidence, can significantly impact the outcome of your truck accident case. If spoliation is proven, courts may take the following actions:

• Instruct the Jury to Presume Negligence: Judges may issue an adverse inference, telling jurors they can assume the missing evidence would have harmed the defense’s case.
• Exclude Defense Arguments or Evidence: If the destruction compromises a fair trial, the court may bar the trucking company from introducing certain defenses or evidence.
• Award Attorney’s Fees: The court may order the trucking company to pay for the legal costs associated with enforcing the subpoena and addressing the spoliation.
• Enter a Default Judgment: In especially egregious cases, where destruction of evidence is clearly willful, the court may rule in favor of the plaintiff automatically—ending the case without a trial.

Preserving evidence is critical in truck accident litigation. That’s why our legal team acts quickly to issue subpoenas and spoliation letters to secure crucial records before they disappear.

How Subpoenaed Evidence Strengthens Your Case

With subpoena power, our truck accident legal team will be better able to:

• Prove driver negligence – ELD records may show the trucker was fatigued or off-route
• Uncover safety violations – Training logs or internal memos may show FMCSA rule breaches
• Reconstruct the accident – Video evidence and sensor data support expert reconstruction
• Demonstrate liability – A chain of documentation can connect the trucking company’s policies to the crash

Much of the evidence in truck accident cases is only accessible through legal discovery, especially when trucking companies are reluctant to cooperate. These records can be the difference between a denied claim and a significant financial recovery.

Ohio Subpoena Laws That May Apply To Your Case

Subpoena rules can vary slightly by county.

• Franklin County – Special protocols for digital discovery – Franklin County’s Local Rule 26 requires parties to attempt informal resolution of discovery issues—especially concerning electronically stored information—before filing motions. The process includes a pre-motion conference to narrow disputes and certificates verifying good-faith efforts.
• Cuyahoga County – Local rules on motions to compel – Cuyahoga County’s Local Rule 15 mandates that all motions, including those seeking to enforce subpoenas, must be written, specify the relief requested, and include a concise statement of grounds. They must also comply with caption and formatting standards set by the court.
• Montgomery County – Common restrictions on video subpoenas – Montgomery County’s rules on video recordings (Rule 10.02) govern how recordings are requested and payment of fees. Requests for videos—such as dashcam or surveillance footage—must comply with filing procedures, fee schedules, and are subject to local record-keeping policies.
• Hamilton County – Strict formatting for subpoenas duces tecum – Hamilton County requires subpoena duces tecum forms to adhere to specific templates, including sections for date, time, location, and items to be produced. Improper format may result in rejection or delays.

FAQs – Subpoenas in Truck Accident Cases

How Long Does It Take to Get Records Through a Subpoena?

Typically, 2–3 weeks, depending on whether the other party complies or objects. If court intervention is needed, the timeline may extend.

Can a Subpoena Be Used Before a Lawsuit Is Filed?

Yes, in limited situations through pre-suit discovery or preservation orders. We act quickly when we know critical evidence is at risk.

How Do I Get Truck Maintenance or ELD Records in Ohio?

To obtain truck maintenance or electronic logging device (ELD) records in Ohio, your attorney can issue a subpoena duces tecum directed at the trucking company or their data provider.

How Long Do Trucking Companies Keep Black Box or ECM Data?

Many truck systems store data for only 30 to 60 days unless it is downloaded or preserved. A subpoena or spoliation letter issued early can prevent this data from being lost.

Can Phone Records Be Subpoenaed to Prove Distracted Driving?

Your attorney can subpoena the truck driver’s phone records from their carrier to show calls, texts, or app usage around the time of the crash. These records are valuable in proving negligence tied to distracted driving.

Can I Subpoena Amazon or a Delivery App for Truck Crash Evidence?

Companies like Amazon rely on third-party contractors, which can complicate the chain of custody. Your attorney can determine whether the parent company, subcontractor, or driver holds the relevant data and issue subpoenas accordingly.

Build a Winning Truck Accident Case? Get Ohio Truck Accident Help

When evidence is the key to winning your truck accident case, subpoenas and preservation letters become powerful tools. At Ohio Truck Accident Help, we act fast to issue subpoenas, fight objections, and recover critical records. Our legal team has decades of experience handling complex trucking litigation and knows how to hold even the most uncooperative defendants accountable.

If you’ve been hurt or lost a loved one in a commercial truck crash, don’t wait. The trucking company is already protecting its interests; you need someone to protect yours.

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