From time to time it may become necessary for us to answer a subpoena for student or training records in a civil or criminal proceeding. The following will give guidance as to how cost and fees are assessed to Subpoena requests.
What about the cost of producing the records that comply with the Subpoena?
The subpoenaing party is responsible for costs incurred by the Death Investigation Training Academy (DITA) and DSPN Media and Consulting, LLC, 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 $500.00) plus mileage and/or actual travel expense (currently $0.55 per mile), both ways, at the prevailing rate, and any additional costs incurred.
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. Plus, cost of all travel and expense.
Fees For Production Of Business Records
DITA 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 $500 (per instance/per person).
- Twenty-five cents ($0.25) per page for standard reproduction of documents of a size, 8-1/2 x 14 inches or less;
- Forty cents ($0.40) 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 the DITA 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 five hundred dollars ($500), plus actual costs, if any, charged to the witness by a third person and return of records held offsite by the third person.”
The requester is required to pay production costs prior to the delivery of the records. Until such payment is made, DITA is under no obligation to deliver the records.
If the subpoena duces tecum is subsequently withdrawn, quashed, or modified by a party other than DITA, then DITA is entitled to reimbursement for reproduction costs & labor incurred up to the time the DITA is notified of such an action.
Contact DITA. if you have any questions regarding fees/charges for producing records