A party entitled to costs under UCPR 42.19 upon the opponent's discontinuance of proceedings is not acting unreasonably in rejecting a Calderbank offer proposing each party pay their own costs, and may require the discontinuing party to persuade the Court to depart from the default costs position. The considerations applicable to determining whether indemnity costs should be awarded for an unaccepted offer of compromise under the rules also apply to unaccepted Calderbank offers.
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