COSTS — notice to admit facts — indemnity costs sought under r 42.8(2), UCPR for facts said to have been disputed until first day of trial — the rule is concerned with facts, not mixed legal and factual propositions or legal propositions — unclear what “fact in dispute” the plaintiffs were put to the cost of proving — rule not engaged.
COSTS — reserved costs of interlocutory motion — plaintiffs obtain orders for defendant to search archival database — defendant contends that search will likely be time consuming, expensive and a waste of time — judge defers question of costs until product of search known — no discoverable documents found — decline to make costs order sought.
Quick Take
1UCPR r 42.8(2) is concerned with facts, not mixed legal and factual propositions or legal propositions; a notice to admit that conjoins factual matters with the legal question of entitlement to indemnity does not engage the rule.
2Where costs of an interlocutory discovery motion are reserved pending the outcome of the ordered searches, and those searches produce no discoverable documents, the court may decline to award costs to the party that obtained the search orders, treating the exercise as an unproductive incident of litigation.
