In a $7 million motor vehicle accident claim, the plaintiffs brought a motion to compel the defendant to disclose the particulars of surveillance prior to the plaintiff's examination for discovery.
The parties had served unsworn affidavits of documents and notices of examination.
On the morning of the scheduled examinations, the plaintiff served a sworn affidavit of documents, but the defendant failed to attend.
The Master held that the plaintiff cured the defect in her notice of examination by serving the sworn affidavit, entitling her to examine the defendant first and receive the surveillance particulars.
The plaintiff's request for costs thrown away was dismissed.
