News & Analysis as of

Document Productions Fees

Orrick, Herrington & Sutcliffe LLP

Court orders bank to produce third-party records in prepaid debit card fees suit

On August 21, a federal magistrate judge in the District Court for the Western District of Washington ordered a bank to produce certain records related to its prepaid debit card program, including documents maintained by...more

Farrell Fritz, P.C.

The Cost of Withholding ESI: First Department Sets Limits on Non-Party Recovery of ESI Production Costs

Farrell Fritz, P.C. on

Under CPLR §§ 3111 and 3122(d), “[t]he reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery.” The Commercial Division Rules at Appendix A (“Guidelines for the Discovery of...more

Nutter McClennen & Fish LLP

Judge Leibensperger Orders Cost Shifting on Rule 45 Subpoena

While litigants often invoke Rule 45 to discover documents from third parties during the course of litigation, courts have rarely ordered payment of the fees incurred by the third party to comply with the subpoena. Judge...more

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