13-8 The Nonparty's Document-Production's Costs
Under Texas Rule 205.3(f), the requesting party must reimburse the nonparty's "reasonable costs of production,"92 but not its attorneys' fees.93 One recent case suggests that such costs include compensation for the time spent by the nonparty and its employees in locating and reviewing the requested documents.94
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Notes:
[92] Tex. R. Civ. P. 205(f); see Wichita Cnty. v. Envtl. Eng'g & Geotechnics, Inc., 576 S.W.3d 851, 860 (Tex. App.—Austin 2019, no. pet.) (noting that the cost reimbursement is "mandatory—i.e., that the requesting party 'must reimburse' the nonparty—distinguishing this rule from other contexts in which a trial court may or may not make an award or reach a certain conclusion" (quoting Tex. R. Civ. P. 205.3(f)). See also In re K & L...
