What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?
E-Discovery LLC
NOVEMBER 27, 2024
In OL Private Counsel, LLC v. Olson , 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena. Fed.R.Civ.P. 45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] (d)(1) – “A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.
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