A. Marchioni

The plaintiff brought a motion for directions on late production and admissibility of a project bid estimate that it had previously refused to produce during discovery.

The plaintiff argued the document was irrelevant until its expert relied on it for a loss of productivity claim.

The court found the document was always relevant and required leave under Rule 53.08 to be admitted.

The court granted leave, finding no non-compensable prejudice or undue delay, but ordered the plaintiff to produce the native file and submit to further examination at its own expense on a full indemnity basis.

The plaintiff brought a motion to compel the defendant to answer a refusal given during an examination in aid of execution and to require the defendant's representative to re-attend the examination.

The refusal concerned the production of the defendant's electronic QuickBooks bookkeeping data files.

The court ordered the production of the files, finding them relevant under Rule 60.18(2), subject to conditions protecting the personal information of employees.

The court also ordered the representative to re-attend the examination in person and awarded costs of $1,500 to the plaintiff.