Charging for making records available for reproduction

In order to understand subdivision (b) of Evidence Code Section 1563, look at subdivision (b)(1) which provides that the reasonable costs you can charge before delivering the documents include but are not limited to the following:

i. Ten cents ($0.10) per page for standard reproduction of documents of a size 81/2 by 14 inches or less;
ii. twenty cents ($0.20) per page for copying of documents from microfilm;
iii. actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena;
iv. reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof;
v. actual postage charges; and
vi. the actual cost, if any, charged to the witness by a third person for the retrieval and return of records held offsite by that third person.

Subd (b)(3) requires you to provide a statement itemizing such costs.

Subdivision (b)(6) provides that Where the records are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15), plus the actual cost, if any, charged to the witness by a third person for retrieval and return of records held offsite by that third person. If the records are retrieved from microfilm, the reasonable cost, as defined in paragraph (1), shall also apply.

So if you are merely providing records which will be photocopied by others, I think your cost is capped at $15 unless you went off site. Please call if you have questions.

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