12-351

12-351. Costs of compliance with subpoena for
production of documentary evidence; payment by requesting party;
definitions

A. All reasonable costs incurred in a civil action by a witness who is not a party
to the action with respect to the production of documents pursuant to a subpoena for the
production of documentary evidence shall be charged against the party requesting the
subpoena if the witness submits an itemized statement to the requesting party stating the
reproduction and clerical costs incurred by the witness.

B. If a subpoena is served to compel the production of documents and is
subsequently withdrawn, quashed, modified or limited other than by the witness, the
witness is entitled to reimbursement pursuant to subsection A for all reasonable costs
incurred in compliance with the subpoena to the time that the requesting party has
notified the witness that the subpoena has been withdrawn, quashed, modified or limited.

C. The requesting party is not required to pay the reasonable costs before the
documents are available for delivery pursuant to the subpoena. The witness may demand
payment of the reasonable costs simultaneously with actual delivery of the subpoenaed
documents.

D. The requesting party may petition the court in which the action is pending to
recover from the witness all or a part of the costs paid to the witness or to reduce all
or a part of the costs charged by the witness pursuant to this section if these costs
were excessive.

E. If the personal attendance of the witness is not required, the witness may only
receive payment pursuant to this section.

F. In this section unless the context otherwise requires:

1. "Reasonable costs" means ten cents for each page of standard reproduction of
documents and the actual costs for reproduction of documents which require special
processing plus the reasonable clerical costs incurred in locating and making the
documents available billed at the rate of ten dollars per hour per person.

2. "Requesting party" means a party requesting issuance of a subpoena for
production of documentary evidence.

3. "Witness" means a person who is directed to produce documents by a subpoena for
the production of documentary evidence.