Which rule governs sanctions for failure to make discovery?

Which rule governs sanctions for failure to make discovery?

• A. Rule 34
• B. Rule 36
• C. Rule 37
• D. Rule 41

Answer: (C)

Sanctions for failure to make discovery are governed by Rule 37. This rule covers what happens when a party doesn’t respond to discovery requests or fails to follow a discovery order. The court can compel disclosure and, if noncompliance continues, impose sanctions such as ordering the party to pay the other side’s reasonable expenses (including attorney’s fees) incurred in obtaining the discovery. In serious cases, sanctions can go further, potentially leading to dismissal of claims or entry of a default against the noncompliant party. Other rules address specific discovery tools—production of documents, requests for admissions, and interrogatories—and Rule 41 deals with dismissal for lack of prosecution. So Rule 37 is the one that directly governs sanctions for failing to make discovery.

Sanctions for failure to make discovery are governed by Rule 37. This rule covers what happens when a party doesn’t respond to discovery requests or fails to follow a discovery order. The court can compel disclosure and, if noncompliance continues, impose sanctions such as ordering the party to pay the other side’s reasonable expenses (including attorney’s fees) incurred in obtaining the discovery. In serious cases, sanctions can go further, potentially leading to dismissal of claims or entry of a default against the noncompliant party. Other rules address specific discovery tools—production of documents, requests for admissions, and interrogatories—and Rule 41 deals with dismissal for lack of prosecution. So Rule 37 is the one that directly governs sanctions for failing to make discovery.