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Ray v. Jacquemain6/26/2002
ents to the court. ASC, a non-party legal entity, was not subpoenaed to appear under Civ.R. 45; therefore, the trial court lacked the authority to order ASC to pay costs and fees for Dr. Carder's failure to appear at his deposition. Further, since the only issue properly before the trial court at the show cause hearing was Dr. Carder's failure to attend the deposition, any costs and fees awarded as a result of that failure are limited to costs and fees that were a direct result of his failure to appear on the day of the deposition. The sanctions should not include any costs and fees relating to Dr. Carder's failure to produce documents because the documents were never properly requested and the trial court abused its discretion in ordering Dr. Carder and then ASC to produce them.
The Rules of Civil Procedure provide an essential roadmap to aid parties and the court in navigating the many curves and dead-ends involved in civil litigation. While this Court cannot speculate on the outcome of this discovery dispute had the parties complied with the rules, it can ensure that the rules are followed. The Rules of Civil Procedure are designed to benefit parties, non-parties, and the court. If justice is to be served in a timely, inexpensive, and equitable manner, all must adhere to them. Based on the foregoing, ASC's four assignments of error are sustained. The judgment of the trial court is reversed and the cause remanded for proceedings consistent with this opinion.
III.
ASC's assignments of error are sustained. The judgment of the trial court is reversed and the cause remanded for proceedings consistent with this opinion.
Judgment reversed
and cause remanded.
BETH WHITMORE
SLABY, P. J., BATCHELDER, J. CONCUR
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