The plaintiff’s bar argues straightforwardly for the costs to fall on defendants, wrongdoer and innocent alike, however wrongful may be the plaintiff. Businesses, who have virtually all the things and places to be searched, argue for the costs to fall on requesters, however wronged.

Justice calls for the wronged party to be made whole, whether plaintiff or defendant.

So, how about “loser pays?”

Or, even better, loser of the point in dispute of which the discovery provides evidence pays? Admittedly, the latter requires a more granular judgment by the finder of fact, but that’s a good thing anyway.