An article from Law.com that originally appeared in Texas Lawyer. The article discusses the Federal Rules of Civil Procedure, and the "Cost-Shifting" analysis that is set forth under Rule 26(b)(2)(B). It also references Texas State laws. The article poses a good question regarding which party bears the costs, but the answer certainly differs based on the jurisdiction where the lawsuit is filed, and is often determined based on the facts and circumstances of the specific case.
The author of the article provided in the above link is Ileana Blanco, Esq. the managing partner in the Houston office of DLA Piper. Her practice involves advising and representing global energy companies, financial institutions and other multinational clients in complex commercial litigation and disputes.
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