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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.From McGuireWoods
All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies can invoke Federal Rule of Civil Procedure 45(d)(1) to shift the costs of production back to the requesting party. Rule 45(d)(1) provides that the requesting party has a duty to take reasonable steps to avoid imposing undue burden or expense on the responding party. A recent federal New York case relied on this language to award a third party not only the costs of the attorneys’ fees associated with the review and production of documents in connection with a third-party subpoena, but also the attorneys’ fees associated with responding to the motion to compel filed by the seeking party.