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B. If a subpoena is served to compel the production of documents and is subsequently withdrawn, quashed, modified or limited other than by the witness, the witness is entitled to reimbursement pursuant to subsection A of this section for all reasonable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compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn, quashed, modified or limited.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

1. "Reasonable costs" means twenty-five cents for each page of standard reproduction of documents and the actual costs for reproduction of documents that require special processing plus the reasonable clerical costs incurred in locating and making the documents available billed at the rate of twenty-five 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.