In a costs endorsement arising from a guardianship application under the Substitute Decisions Act, the court determined responsibility for costs incurred up to and including January 4, 2012.
Applying estate-litigation costs principles and Rule 57 factors, the court held that ordinary civil costs rules govern subject to limited exceptions and found the responding party's conduct unnecessarily prolonged the proceeding.
The court rejected attempts to reduce costs based on legal aid billing rates and disallowed claimed prospective future legal work.
It fixed all-inclusive costs for both the applicant and one responding party, directed immediate payment from the estate, and required reimbursement by the other responding party.