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Name of Plaintiff:

Plaintiff Attorney,

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Defendant Attorney,

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Jurisdiction Statement:
COMES NOW Robin C., defendant, and prays for a court order to compel the attendance of witnesses for deposition and to move to sanction the Assistant City Attorney, Ron Dirickson, and subpoenaed witnesses for failure to obey summons to depositions. In support of these requests defendant offers the following:

Facts:
1) On 10 February 99 defendant filed notice of depositions with this court and provided copies to all interested parties.
2) Subpoenas were sent out under seal of the court, by certified mail, return receipt requested.
3) On 11 February Assistant City Attorney Ron Dirickson by first class mail sent subpoenas to other witnesses in the above-styled case to appear at depositions which defendant had scheduled for 15 March 99 at 1 p.m.
4) Defendant, at no time, received any notice from Assistant City Attorney Ron Dirickson of his intent to depose witnesses at the scheduled deposition.
On 15 March 99 Assistant City Attorney Ron Dirickson and defendant’s subpoenaed witnesses, save one, failed to appear at depositions as scheduled. However, the witnesses subpoenaed by Assistant City Prosecutor, Assistant Greene County Prosecutor, Robert Asperger, and the court reporter appeared for deposition.
Telephone contact had with Assistant City Attorney Ron Dirickson at 1:15 p.m. revealed that Mr. Dirickson had informed all of defendant’s subpoenaed witnesses that they were released from subpoena to deposition as Mr. Dirickson had filed on 15 March 99 a Motion For Continuance scheduled to be heard 18 March 99, notice of which was faxed to defendant by Mr. Dirickson at approximately 12:30 p.m. on 15 March 99, though defendant was not aware of this notice until after the time for deposition.
Assistant City Attorney Ron Dirickson makes no such claim of release concerning informing the witnesses he subpoenaed and was entitled to release. Report of those witnesses is that no information as to release from subpoena was had prior to defendant relating this information to them at approximately 1:30 p.m. after conversation with and on advice of Mr. Dirickson.
8) The defendant has incurred expenses in the scheduling and preparation of depositions that the Assistant City Attorney effectively though without authority, prevented, in the amount of $250.
9) Defendant has been denied disposition of the charge against her for over fourteen months due to the continued reluctance of the City of Springfield, by and through its Assistant City Attorney Ron Dirickson to bring this case to trial.
10) Defendant has made formal assertion to her right to fair and speedy trial.

Prayer for relief, state what you want the court to do.
WHEREFORE defendant prays this honorable court issue an order under its authority to compel the attendance of witnesses previously subpoenaed to deposition in this case on a date for which defendant will provide proper notification to all parties, under penalties as provided by law for failure to appear and disobeying a subpoena. Defendant further prays the court to move to sanction Assistant City Attorney Ron Dirickson and the City of Springfield by and through its Assistant Attorney for unlawful interference with a subpoena by charging the City of Springfield to reimburse the expenses defendant has incurred for the depositions Mr. Dirickson prevented and to charge the City of Springfield the cost of the subsequent depositions to be scheduled as outlined above.
Respectfully Submitted,

CERTIFICATE OF SERVICE

I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel, in the following manner:
___ By delivering a copy to him/her;
___ By leaving a copy at his/her office with the clerk;
___ By leaving a copy at his/her office with an attorney associated with him/her;
___ By mailing a copy to him/her, as prescribed by law;
___ By faxing a copy to him/her.

NOTICE OF HEARING

The foregoing pleading will be called for hearing before the court on at 1 pm or as soon thereafter as petitioner may be heard. So noticed: _______________________________

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