Courts should order more cost-shifting in discovery. In particular, in the rare cases where courts allow discovery on discovery (i.e., how the opponent preserved, collected, and produced responsive documents), it should be presumed that the requester pays for the responding party’s costs to produce this information.
As U.S. Magistrate Judge John Facciola noted more than 10 years ago in McPeek v. Ashcroft, 202 F.R.D. 31, 33-34 (D.C 2001):
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