When seeking leave under Rule 31.10 to examine a non-party, the moving party must establish that there is good reason to believe that the non-party has information relevant to a material issue, that the moving party has been unable to obtain the information from the other parties to the action as well as from the non-party that he wishes to examine, and that there has been a refusal, actual or constructive, to obtain the information from the other parties to the action and the non-party.
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