COSTS — where both parties had some degree of success in relation to application to set aside a notice to produce and subpoenas
Quick Take
1Where both parties achieve some degree of success on an interlocutory motion and there is no clear 'event', the court may apportion costs on a percentage basis reflecting the relative success of each party.
2A party challenging the breadth or specificity of a notice to produce or subpoena should raise those concerns with the issuing party before filing a motion, and failure to do so may be relevant to the costs outcome.
