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NRCP Rule 37
RULE 37. REFUSAL TO MAKE DISCOVERY:
SANCTIONS
(a) Motion for Order Compelling Discovery. A
party, upon reasonable notice to other parties and all persons affected
thereby, may apply for an order compelling discovery as follows:
(1) Appropriate Court. An application for an order to
a party may be made to the court in which the action is pending, or, on matters
relating to a deposition, to the court in the district where the deposition is
being taken. An application for an order to a deponent who is not a party shall
be made to the court in the district where the deposition is being taken.
(2) Motion. If a deponent fails to answer a question
propounded or submitted under Rules 30 or 31, or a corporation or other entity
fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to
answer an interrogatory submitted under Rule 33, or if a party, in response to
a request for inspection submitted under Rule 34, fails to respond that
inspection will be permitted as requested or fails to permit inspection as
requested, any party may move for an order compelling an answer, or a designation,
or an order compelling inspection in accordance with the request. When taking a
deposition on oral examination, the proponent of the question may complete or
adjourn the examination before he applies for an order.
If the court denies the motion in whole or in part, it
may make such protective order as it would have been empowered to make on a
motion made pursuant to Rule 26(c).
(3) Evasive or Incomplete Answer. For purposes of this
subdivision an evasive or incomplete answer is to be treated as a failure to
answer.
(4) Award of Expenses of Motion. If the motion is
granted, the court shall, after opportunity for hearing, require the party or
deponent whose conduct necessitated the motion or the party or attorney
advising such conduct or both of them to pay to the moving party the reasonable
expenses incurred in obtaining the order, including attorney’s fees, unless the
court finds that the opposition to the motion was substantially justified or
that other circumstances make an award of expenses unjust.
If the motion is denied, the court shall, after
opportunity for hearing, require the moving party or the attorney advising the
motion or both of them to pay to the party or deponent who opposed the motion
the reasonable expenses incurred in opposing the motion, including attorney’s
fees, unless the court finds that the making of the motion was substantially
justified or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part,
the court may apportion the reasonable expenses incurred in relation to the
motion among the parties and persons in a just manner.
(b) Failure to Comply With Order.
(1) Sanctions—Deponent. If a deponent fails to be
sworn or to answer a question after being directed to do so by the court the
failure may be considered a contempt of court.
(2) Sanctions—Party. If a party or an officer,
director, or managing agent of a party or a person designated under Rule
30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to
provide or permit discovery, including an order made under subdivision (a) of
this rule or Rule 35, or if a party fails to obey an order entered under Rule
26(f), the court in which the action is pending may make such orders in regard
to the failure as are just, and among others the following:
(A) An order that the matters regarding which
the order was made or any other designated facts shall be taken to be
established for the purposes of the action in accordance with the claim of the
party obtaining the order;
(B) An order refusing to allow the disobedient
party to support or oppose designated claims or defenses, or prohibiting him
from introducing designated matters in evidence;
(C) An order striking out pleadings or parts
thereof, or staying further proceedings until the order is obeyed, or
dismissing the action or proceeding or any part thereof, or rendering a
judgment by default against the disobedient party;
(D) In lieu of any of the foregoing orders or in
addition thereto, an order treating as a contempt of court the failure to obey
any orders except an order to submit to a physical or mental examination;
(E) Where a party has failed to comply with an
order under Rule 35(a) requiring him to produce another for examination, such
orders as are listed in paragraphs (A), (B), and (C) of this subdivision,
unless the party failing to comply shows that he is unable to produce such
person for examination.
In lieu of any of the foregoing orders or in addition
thereto, the court shall require the party failing to obey the order or the
attorney advising him or both to pay the reasonable expenses, including
attorney’s fees, caused by the failure, unless the court finds that the failure
was substantially justified or that other circumstances make an award of
expenses unjust.
(c) Expenses on Failure to Admit. If a party
fails to admit the genuineness of any document or the truth of any matter as
requested under Rule 36, and if the party requesting the admissions thereafter
proves the genuineness of the document or the truth of the matter, he may apply
to the court for an order requiring the other party to pay him the reasonable
expenses incurred in making that proof, including reasonable attorney’s fees.
The court shall make the order unless it finds that there was good reason for
the failure to admit.
(d) Failure of Party to Attend at Own Deposition or
Serve Answers to Interrogatories or Respond to Request for Inspection. If
a party or an officer, director, or managing agent of a party or a person
designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails
(1) to appear before the officer who is to take his deposition, after being
served with a proper notice, or (2) to serve answers or objections to
interrogatories submitted under Rule 33, after proper service of the interrogatories,
or (3) to serve a written response to a request for inspection submitted under
Rule 34, after proper service of the request, the court in which the action is
pending on motion may make such orders in regard to the failure as are just,
and among others it may take any action authorized under paragraphs (A), (B),
and (C) of subdivision (b)(2) of this rule. In lieu of any order or in addition
thereto, the court shall require the party failing to act or the attorney
advising him or both to pay the reasonable expenses, including attorney’s fees,
caused by the failure, unless the court finds that the failure was
substantially justified or that other circumstances make an award of expenses
unjust.
The failure to act described in this subdivision may not be
excused on the ground that the discovery sought is objectionable unless the
party failing to act has applied for a protective order as provided by Rule
26(c).
(e) Reserved.
(f) Failure to Participate in the Framing of a Discovery
Plan. If a party or a party’s attorney fails to participate in good faith
in the framing of a discovery plan by agreement as required by Rule 26(f), the
court may, after opportunity for hearing, require such party or party’s
attorney to pay to any other party the reasonable expenses, including
attorney’s fees, caused by the failure.
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*** Any rule can change at any time - This rule may have been amended ***
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