(c) For Production of Documentary Evidence. A subpoena may also
command the person to whom it is directed to produce the books, papers,
documents, (including electronically stored information) or tangible things
designated therein, but the court, upon motion made promptly and in any event at
or before the time specified in the subpoena for compliance therewith, may (1)
quash of modify the subpoena if it is unreasonable and oppressive, or (2) condition
denial of the motion upon the advancement by the person in whose behalf the
subpoena is issued of the reasonable cost of producing the books, papers,
documents, or tangible things. If a subpoena does not specify a form for producing
electronically stored information, the person responding must produce it in a form
or forms in which it is ordinarily maintained or in a reasonably usable form or
forms. A person responding to a subpoena may object to discovery of
electronically stored information from sources that the person identifies as not
reasonably accessible because of undue costs or burden. On motion to compel
discovery or to quash, the person from whom discovery is sought must show that
the information sought or the form requested is not reasonably accessible because
of undue costs or burden. If that showing is made, the court may nonetheless order
discovery from such sources or in such forms if the requesting party shows good
cause, considering the limitations set out in rule 1.280(d)(2). The court may
specify conditions of the discovery, including ordering that some or all of the
expenses of the discovery be paid by the party seeking the discovery. A party
seeking production of evidence at trial which would be subject to a subpoena may
compel such production by serving a notice to produce such evidence on an
adverse party as provided in rule 1.080. Such notice shall have the same effect and
be subject to the same limitations as a subpoena served on the party.
