The moving party sought an order permitting it to call and cross-examine certain current and retired partners of the defendant accounting firm at trial under Rule 53.07(5) of the Rules of Civil Procedure.
The court considered whether such individuals could be treated as adverse parties or partners of an adverse partnership for the purpose of cross-examination.
The court held that current partners of the defendant partnership clearly fell within the rule and could be called and cross-examined.
The court further concluded that retired partners could also qualify as adverse parties due to potential personal liability for partnership obligations incurred before retirement under the Partnerships Act.
The motion was granted in part, permitting cross-examination of specified partners and recognizing the applicability of the rule to retired partners.
