Legal Question in Civil Litigation in Maryland

Our company has been served to provide information on a client in a federal trial. Our legal costs incurred thus far to follow through with this supoena are around $15,000. According to the Protection of Persons Subect to Supoenas, Rule 45, Federal Rules of Civil Procedure, the court shall impose upon the part or attorney lost earnins and reasonable attorney's fees. We feel that the accrued cost of producing repeated information for this client is an undue burden and expense on our company. How can we request from the court that the attorney or his client pay for the legal expenses and lost time in gathering this information?


Asked on 6/02/10, 9:45 am

2 Answers from Attorneys
Paula McGill Attorney at Law

Your company has an attorney. That attorney should know how to request attorney's fees and costs for responding to the subpoenas and should move forward to recover the costs for his/her client.

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Answered on 6/02/10, 1:01 pm
Robert Sher Wagshal and Sher

You would have to file a motion for costs with the judge. As you noted in your question, the standard is "undue burden". Judges tend to interpret this strictly, so you would have to show that the requests were unreasonable or could have been obtained elsewhere at less expense.

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Answered on 6/02/10, 1:04 pm


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