Also known as: unreasonable financial burdens · undue hardship · undue burden
Written by attorneys · grounded in primary & secondary sources — see below
A financial hardship that a party or lawyer cannot reasonably be expected to bear when fulfilling a legal obligation such as court-appointed representation or responding to discovery requests.
Uma Underwood seeks internal reports prepared by Upland Industries' counsel in anticipation of litigation. Upland shows that alternative sources would require hiring new experts at significant expense. The court finds the burden unreasonable and denies the request absent a showing of substantial need that cannot be met otherwise.
Ulrike Ulrich, a mid-level employee at Ultrasonic Dynamics, provides information to corporate counsel at her supervisor's direction. The opposing party seeks the communications and shows it cannot obtain the substantial equivalent without unreasonable financial burden. The court orders production of factual work product after finding the required showing of substantial need and undue hardship has been met.
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Usha Upton operates a factory emitting dust onto Unity Underhill's property. Underhill proves significant harm and that filters could be installed at modest cost. The court finds the invasion unreasonable because the harm can be avoided without imposing unreasonable financial burden on Usha.
A tribunal appoints Ursula Ung to represent an indigent client in a complex matter. Ursula shows that the case would require extensive expert fees exceeding her annual revenue. The court permits withdrawal because the representation would create an unreasonable financial burden.
Upland Industries identifies archived emails stored on obsolete servers. The requesting party moves to compel production. Upland demonstrates that retrieval would require custom programming at prohibitive cost. The court denies the motion because the information is not reasonably accessible due to unreasonable financial burden.
Una Ueda moves for a protective order against a subpoena seeking years of financial records. She certifies good-faith efforts to resolve the dispute and shows compliance would require hiring additional staff at great expense. The court grants the order to prevent unreasonable financial burden.
A lawyer may decline when representation would likely result in an unreasonable financial burden. The rule requires more than a mere reduction in profit or even a net loss. It protects against appointments that would impose hardship disproportionate to ordinary professional obligations.
A party need not produce ESI from sources not reasonably accessible because of undue burden or cost. The responding party must demonstrate the burden. The court may still order production for good cause after considering the limitations in Rule 26(b)(2)(C).
The requesting party must demonstrate substantial need for the materials and inability to obtain their substantial equivalent without undue hardship. Mental impressions of counsel remain protected even if factual work product is ordered produced.
An invasion is unreasonable when the harm is significant and the actor can practicably avoid it in whole or in part without undue hardship. The focus is on feasibility of mitigation rather than regulatory compliance alone.