MBE Rules · Civil Procedure
Rule 37 — discovery sanctions
FRCP 37
The rule
A party may move to compel discovery after a good-faith attempt to resolve the dispute; if granted, the losing party pays the movant's reasonable expenses unless the position was substantially justified. For failure to obey an order, sanctions include designated-fact findings, striking pleadings, staying proceedings, dismissal, default judgment, contempt, and mandatory expense-shifting. Rule 37(e) governs ESI spoliation.
In plain English
The teeth behind discovery. Escalates from expense-shifting to case-terminating sanctions based on culpability and prejudice.
The trap
Forgetting the meet-and-confer prerequisite to a motion to compel.
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