The subpoenaing party is responsible for costs incurred by the University 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 $35.00) plus mileage actually traveled (currently $0.20 per mile), both ways, at the prevailing rate, and any additional costs incurred. (Gov. Code § 68093.)
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
a. The University 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:
i) reasonable clerical costs incurred in locating and making records available to be billed at the rate of $24 per hour per person ($6 per quarter hour or fraction thereof); actual costs, if any, charged the witness by a “third person” for retrieval and return of records held by such third person (for the University, “third person” does not include another University office or department);
ii) ten cents ($0.10) per page for standard reproduction of documents of a size, 8-1/2 x 14 inches or less;
iii) twenty cents ($0.20) per page for copying documents from microfilm;
iv) actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena;
v) actual costs, if any, charged to the University by a “third person” for the retrieval and return of records held by that “third person”;
vi) The custodian is not allowed to charge for computer costs of retrieving data;
vii) When personal appearance of the custodian is waived and the custodian elects to produce original records, rather than reproductions, the sole fee for such records “shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the witness by a third person and return of records held offsite by the third person." For UC, “third person” does not include another UC office or department.
b. The requestor is not required to pay production costs prior to delivery of the records; however, the University may demand payment of costs at the time subpoenaed records are delivered. Until such payment is made, the University is under no obligation to deliver the records.
c. If the requesting party demands it, the University must furnish an itemized statement describing the actions taken to justify the costs.
d. If the subpoena duces tecum is subsequently withdrawn, quashed, or modified by a party other than the University, the University is entitled to reimbursement for reproduction costs incurred up to the time the University is notified of such an action.
Contact OLA if you have any questions regarding fees/charges for producing records.