The plaintiff sought costs following a successful motion for leave to examine a non-party pursuant to Rule 31.10.
The plaintiff claimed partial indemnity costs of $19,926.08, arguing the motion was necessary due to the non-party's refusal to cooperate.
The non-party opposed the costs award, contending that as a non-party he had no obligation to consent and that the relief sought was overly broad.
The court awarded costs to the plaintiff as the successful party, finding the motion was necessary and the non-party's lack of cooperation justified the motion.
Costs were fixed at $17,500 on a partial indemnity basis, inclusive of disbursements and taxes.
