667Notice for non-party production—costs

667 Notice for non-party production—costs (1) The applicant for a notice for non-party production must pay any expenses reasonably incurred by the respondent to the notice in complying with the notice. (2) If the respondent has not been paid by the applicant for the notice an amount that the respondent considers adequate to cover the expenses reasonably incurred, or expected to be reasonably incurred, in complying with the notice, the respondent may apply to the court to decide the amount that the applicant is to pay the respondent. (3) Before making an application to the court under subrule (2), the respondent must give the applicant for the notice not less than 7 days notice of the intention to make the application. (4) A decision of the court on an application under subrule (2) is taken to be a judgment of the court for the amount decided against the applicant for the notice and may be enforced accordingly. (5) Subrule (1) does not affect the discretion of the court to order that the costs of and incidental to an application for a notice for non-party production (including any amount paid to the respondent under that subrule) are to be paid by any other party to the proceeding.