Person responding to subpoena entitled to costs of production

In this case, the trial court ordered a third party to produce documents that were alleged to be confidential, and denied the third party its costs in providing the production.  The appellate court affirmed on the confidentiality issue, but reversed on the costs issue, holding, “The failure to make provision for the cost to a non-party to produce subpoenaed documents constitutes a departure from the essential requirement of law.”

First Call Ventures, LLC v. Nationwide Relocation Services, Inc., 38 Fla. L. Wkly D2431a (Fla. 4th DCA Nov. 20, 2013)