The subpoenaing party is responsible for costs incurred by Blackbridge in responding to a subpoena, as follows:
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 $700.00) plus mileage actually traveled (currently $2.40 per kilometre), both ways, at the prevailing rate, and any additional costs incurred (any and all travel costs).
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 (any and all travel costs).
Blackbridge Intelligence 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:
- Reasonable clerical costs incurred in locating and making records available to be billed at a flat rate of $700 (per instance/per person).
- One dollar an fifty cents ($1.50) per page for standard reproduction of documents of a size, 8-1/2 x 14 inches or less;
- Two dollars and fifty cents ($2.50) per page for copying documents from microfilm;
- Actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena;
- Actual costs, if any, charged to Blackbridge by a “third person” for the retrieval and return of records held by that “third person”;
- When personal appearance of the custodian is waived and the custodian elects to produce records, the sole fee for such records “shall not exceed seven hundred dollars ($700), plus actual costs, if any, charged to the witness by a third person and return of records held off site by the third person.”
The requester is required to pay production costs prior to delivery of the records. Until such payment is made, Blackbridge Intelligence is under no obligation to deliver the records.
If the subpoena duces tecum is subsequently withdrawn, quashed, or modified by a party other than Blackbridge Intelligence, Blackbridge is entitled to reimbursement for reproduction costs & labor incurred up to the time Blackbridge Intelligence is notified of such an action.
Contact BBI if you have any questions regarding fees/charges for producing records at [email protected]