Following a successful motion compelling the plaintiff to attend an occupational therapy examination, the defendant sought costs on a partial indemnity basis.
The court assessed the reasonableness of the claimed fees and time spent by counsel and a junior lawyer or paralegal, including preparation and attendance at the hearing.
Applying the principles under Rule 57.01 regarding fairness and reasonable expectations, the court found the claimed preparation time excessive compared with the responding party’s preparation time.
The court reduced the fees allowed and also limited recovery for travel time.
Costs were fixed at a reduced amount payable by the plaintiff.
