The defendant brought a motion to compel answers to undertakings and refusals regarding the plaintiff's expert report and social media accounts following a motor vehicle accident.
The court dismissed the request for the expert's foundational material and drafts, finding that the disclosure obligation under Rule 53.03(2.1) is not triggered until the plaintiff elects to call the expert at trial.
The court also dismissed the request for social media production, holding that the defendant failed to provide an evidentiary basis establishing that the private accounts contained relevant information.
The plaintiff was awarded costs of the motion.
