What about the cost of producing the records that comply with the Subpoena?
The subpoenaing party is responsible for costs incurred by the Institute in responding to a subpoena, as follows:
Witness Fees In Civil Case
If the witness is required to personally accompany the documents requested in a subpoena duces tecum for a deposition or trial in a civil action, the witness is entitled to all normal allowable daily fees (currently $500.00) plus mileage actually traveled (currently $0.55 per mile), both ways, at the prevailing rate, and any additional costs incurred.
Witness Fees In Criminal Cases
When a witness is required to personally accompany documents requested by a subpoena duces tecum in a criminal case, the witness is entitled to any fees normally paid by that court.
Fees For Production Of Business Records
The Institute is entitled to all reasonable costs incurred for producing business records in response to a subpoena duces tecum. “Reasonable costs” include, but are not limited to:
- Reasonable clerical costs incurred in locating and making records available to be billed at a flat rate of $500 (per instance/per person).
- Twenty five cents ($0.25) per page for standard reproduction of documents of a size, 8-1/2 x 14 inches or less;
- Forty cents ($0.40) per page for copying documents from microfilm;
- Actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena;
- Actual costs, if any, charged to the Institute by a “third person” for the retrieval and return of records held by that “third person”;
- When personal appearance of the custodian is waived and the custodian elects to produce records, the sole fee for such records “shall not exceed five hundred dollars ($500), plus actual costs, if any, charged to the witness by a third person and return of records held offsite by the third person."
The requester is required to pay production costs prior to delivery of the records. Until such payment is made, the Institute is under no obligation to deliver the records.
If the subpoena duces tecum is subsequently withdrawn, quashed, or modified by a party other than the Institute, the Institute is entitled to reimbursement for reproduction costs & labor incurred up to the time the Institute is notified of such an action.
Contact M.I. if you have any questions regarding fees/charges for producing records at firstname.lastname@example.org