reasonable production expenses

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena. May a non-party’s counsel fees related to responding to a subpoena involving the production of electronically stored information be included as “reasonable production expenses”? The Queens County Surrogate’s Court recently answered this question in Matter of Khagan. Brian Corrigan discusses the decision in our latest post.
Continue Reading