(a) Motion For Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows:
(1) Appropriate Court. An application for an order to a party shall be made to the court in which the action is pending. An application for an order to a person who is not a party shall be made to the court in the district where the discovery is being, or is to be, taken.
(2) Motion.
(A) If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.
(B) 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, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order.
(3) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this subdivision an evasive or incomplete disclosure, answer, or response is to be treated as a failure to disclose, answer, or respond.
(4) Expenses and Sanctions.
(A) If the motion is granted or if the disclosure or requested discovery is provided after the motion was filed, the court shall, after affording an opportunity to be heard, 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 making the motion, including attorney’s fees, unless the court finds that the motion was filed without the movant’s first making a good faith effort to obtain the disclosure or discovery without court action, or that the opposing party’s nondisclosure, response, or objection was substantially justified, or that other circumstances make an award of expenses unjust.
(B) If the motion is denied, the court may enter any protective order authorized under Rule 26(c) and shall, after affording an opportunity to be heard, require the moving party or the attorney filing 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.
(C) If the motion is granted in part and denied in part, the court may enter any protective order authorized under Rule 26(c) and may, after affording an opportunity to be heard, 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 by Court in District Where Deposition Is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the district in which the deposition is being taken, the failure may be considered a contempt of that court.
(2) Sanctions by Court in Which Action Is Pending. 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 that party 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 that party 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 that party 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 that party 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) Failure to Disclose; False or Misleading Disclosure; Re - fusal to Admit.
(1) A party that without substantial justification fails to disclose information required by Rule 26(a) or 26(e)(1), or to amend a prior response to discovery as required by Rule 26(e)(2), is not, unless such failure is harmless, permitted to use as evidence at a trial, at a hearing, or on a motion any witness or information not so disclosed. In addition to or in lieu of this sanction, the court, on motion and after affording an opportunity to be heard, may impose other appropriate sanctions. In addition to requiring payment of reasonable expenses, including attorney’s fees, caused by the failure, these sanctions may include any of the actions authorized under Rule 37(b)(2)(A), (B), and (C) and may include informing the jury of the failure to make the disclosure.
(2) 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, the requesting party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. The court shall make the order unless it finds that (A) the request was held objectionable pursuant to Rule 36(a), or (B) the admission sought was of no substantial importance, or (C) the party failing to admit had reasonable ground to believe that the party might prevail on the matter, or (D) there was other 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 In - spection . 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 the 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 subparagraphs (A), (B), and (C) of subdivision (b)(2) of this rule. Any motion specifying a failure under clause (2) or (3) of this subdivision shall include a certification that the movant has in good faith conferred or attempted to confer with the party failing to answer or respond in an effort to obtain such answer or response without court action. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising that party 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 a pending motion for a protective order as provided by Rule 26(c). [(e) Subpoena of Person in Foreign Country.] (Abrogated Apr. 29, 1980, eff. Aug. 1, 1980)
(f) Electronically Stored Information. Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.
(g) 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 development and submission of a proposed discovery plan as required by Rule 26(f), the court may, after opportunity for hearing, require such party or attorney to pay to any other party the reasonable expenses, including attorney’s fees, caused by the failure.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Oct. 21, 1980, eff. Oct. 1, 1981; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006.)
VI. TRIALS
added in current removed in current
Compared to current version (2025).
(a) Motion Ffor an Order Compelling Disclosure or Discovery. A party, upon reasonable
(1) In General. On notice to other parties and all persons affected thereby, may applypersons, a party may move for an order compelling disclosure or discovery as follows:. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
(12) Appropriate Court. An applica motion for an order to a party shallmust be made toin the court in whichwhere the action is pending. An applica motion for an order to a person who is not a nonparty shallmust be made toin the court in the district where the discovery is being, or is toor will be, taken.
(23) Specific Motions.
(A) To Compel Disclosure. If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.
(B) If
(B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion may be made if:
(i) a deponent fails to answer a question propounded or submittasked under Rules 30 or 31, or;
(ii) a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or(4);
(iii) a party fails to answer an interrogatory submitted under Rule 33,; or if
(iv) a party, in response to a request for inspection submitted under Rule 34, fails to produce documents or fails to respond that inspection will be permitted as requested -or fails to permit inspection -as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. When taking a deposition on oral examination, the proponent of the under Rule 34.
(C) Related to a Deposition. When taking an oral deposition, the party asking a question may complete or adjourn the examination before applymoving for an order.
(34) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this subdivision (a), an evasive or incomplete disclosure, answer, or response is tomust be treated as a failure to disclose, answer, or respond.
(45) Expenses and Sanctions.
(A)Payment of Expenses; Protective Orders.
(A) If the Motion Is Granted (or Disclosure or Discovery Is Provided After Filing). If the motion is granted -or if the disclosure or requested discovery is provided after the motion was filed, -the court shallmust, after affordgiving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion or, the party or attorney advising suchthat conduct, or both of them to pay to the moving party theant’s reasonable expenses incurred in making the motion, including attorney’s fees, unless. But the court finds that the motion was filed without the movant’s first makmust not order this payment if:
(i) the movant filed the motion before attempting ain good faith effort to obtain the disclosure or discovery without court action, or that;
(ii) the opposing party’s nondisclosure, response, or objection was substantially justified,; or that
(iii) other circumstances make an award of expenses unjust.
(B) If the Motion Is Denied. If the motion is denied, the court may enterissue any protective order authorized under Rule 26(c) and shallmust, after affordgiving an opportunity to be heard, require the moving party orant, the attorney filing the motion, or both of them to pay to the party or deponent who opposed the motion theits reasonable expenses incurred in opposing the motion, including attorney’s fees, unless. But the court finds that the making omust not order this payment if the motion was substantially justified or that other circumstances make an award of expenses unjust.
(C) If the Motion Is Granted in Part and Denied in Part. If the motion is granted in part and denied in part, the court may enterissue any protective order authorized under Rule 26(c) and may, after affordgiving an opportunity to be heard, apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just mannerfor the motion.
(b) Failure Tto Comply Wwith a Court Order.
(1) Sanctions by Court inSought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent fails to be sworn or to answer a question after being directed to do so by the court in the district in which the deposition is being takennd the deponent fails to obey, the failure may be treated as contempt of court. If a deposition-related motion is transferred to the court where the action is pending, and that court orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be considertreated as contempt of that court.
(2) Sanctions by Court in Which Action Is Pendingeither the court where the discovery is taken or the court where the action is pending.
(2) Sanctions Sought in the District Where the Action Is Pending.
(A) For Not Obeying a Discovery Order. If a party or an party’s officer, director, or managing agent of a party or a person-or a witness designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party (4)-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(fRule 26(f), 35, or 37(a), the court in whichwhere the action is pending may make such orders in regard to the failure as are just, and among othersissue further just orders. They may include the following:
(Ai) An orderdirecting that the matters regarding which the order was made or anyembraced in the order or other designated facts shall be taken to beas established for the purposes of the action in accordance with the claim of the party obtaining the order;
(B) An order refusing to allow, as the prevailing party claims;
(ii) prohibiting the disobedient party tofrom supporting or opposeing designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;
(C) An orderiii) striking out pleadings or parts thereof, orin whole or in part;
(iv) staying further proceedings until the order is obeyed, or;
(v) dismissing the action or proceeding in whole or anyin part thereof, or;
(vi) rendering a judgment by defauldefault judgment against the disobedient party;
(D) In lieu of any of the foregoing orders or in addition thereto, an order or
(vii) treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;.
(EB) WhereFor Not Producing a Person for Examination. If a party has faileds to comply with an order under Rule 35(a) requiring ithat party to produce another person for examination, such orders as are listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows that that party 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 orthe court may issue any of the orders listed in Rule 37(b)(2)(A)(i)-(vi), unless the disobedient party shows that it cannot produce the other person.
(C) Payment of Expenses. Instead of or in addition to the orders above, the court must order the disobedient party, the attorney advising that party, 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) Failure to Disclose; False or Misleading Disclosure; Re - fusal to Admit.
(1) A party that without substantial justification, to Supplement an Earlier Response, or to Admit.
(1) Failure to Disclose or Supplement. If a party fails to disclosprovide information required by Rule 26(a) or 26(e)(1), or to amend a prior response to discovery as required by Rule 26(e)(2), is not, unless such failure is harmless, permitted to use asor identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence aton a trialmotion, at a hearing, or onat a motion any witness or information not so disclosedtrial, unless the failure was substantially justified or is harmless. In addition to or in lieustead of this sanction, the court, on motion and after affordgiving an opportunity to be heard, may impose other appropriate sanctions. In addition to requiring:
(A) may order payment of the reasonable expenses, including attorney’s fees, caused by the failure, these sanctions may include any of ;
(B) may inform the jury of the party’s failure; and
(C) may impose other actions authorized under Rule 37(b)(2)(A), (B), and (C) and may include informing the jury of the failure to make the disclosure.
(2) If a party fails to admit the genuineness of any document or the truth of any matter appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i)-(vi).
(2) Failure to Admit. If a party fails to admit what is requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truthparty later proves a document to be genuine ofr the matter true, the requesting party may apply to the court for an order requiring the other party tomove that the party who failed to admit pay the reasonable expenses, incurred in making that proof, including reasonable attorney’s fees. The court shall make the order unless it finds that luding attorney’s fees, incurred in making that proof. The court must so order unless:
(A) the request was held objectionable pursuant tounder Rule 36(a), or ;
(B) the admission sought was of no substantial importance, or ;
(C) the party failing to admit had a reasonable ground to believe that ithe party might prevail on the matter,; or
(D) there was other good reason for the failure to admit.
(d) Failure of PartyParty ’ s Failure to Attend atIts Own Deposition or, Serve An - swers to Interrogatories, or Respond to a Request for In - spection . Ifspec - tion .
(1) In General.
(A) Motion; Grounds for Sanctions. The court where the action is pending may, on motion, order sanctions if:
(i) a party or an party’s 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 the deposition(4)-fails, after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under Rule 33to appear for that person’s deposition; or
(ii) a party, after being properly service of ed withe interrogatories, or (3) to serve a written response to under Rule 33 or 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 subparagraphs (A), (B), and (C) of subdivision (b)(2) of this rulefails to serve its answers, objections, or written response.
(B) Certification. Any motion specifying a failure under clause (2) or (3) of this subdivision shallfor sanctions for failing to answer or respond must include a certification that the movant has in good faith conferred or attempted to confer with the party failing to answer or respondct in an effort to obtain suchthe answer or response without court action. In lieu of any order or in addition thereto
(2) Unacceptable Excuse for Failing to Act. A failure described in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable, unless the party failing to act has a pending motion for a protective order under Rule 26(c).
(3) Types of Sanctions. Sanctions may include any of the orders listed in Rule 37(b)(2)(A)(i)-(vi). Instead of or in addition to these sanctions, the court shallmust require the party failing to act or, the attorney advising that party, 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 f
(e) Failure to act described in this subdivision may not be excusPreserve Electronically Stored Information. If electronically stored information that should have been preserved oin the ground that the discovery sought is objectionable unless theanticipation or conduct of litigation is lost because a party failinged to act has a pending motion for a protective order as provided by Rule 26(c). [(e) Subpoena of Person in Foreign Country.] (Abrogated Apr. 29, 1980, eff. Aug. 1, 1980)take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court:
(1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or
(f2) Electronically Stored Information. Absent exceptional circumstances, a court may not impose sanconly upon finding that the party acted with the intent to deprive another party of the information’s use in the litigation may:
(A) presume that the lost information was under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information systemfavorable to the party;
(B) instruct the jury that it may or must presume the information was unfavorable to the party; or
(C) dismiss the action or enter a default judgment.
(gf) Failure to Participate in the Framing of a Discovery Plan. If a party or a party’its attorney fails to participate in good faith in the developmenting and submission oftting a proposed discovery plan as required by Rule 26(f), the court may, after giving an opportunity forto be hearingd, require suchthat party or attorney to pay to any other party the reasonable expenses, including attorney’s fees, caused by the failure.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Oct. 21, 198Pub. L. 96-481, § 205(a), Oct. 21, 1980, 94 Stat. 2330, eff. Oct. 1, 1981; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006.)
Appended Forms
VI. TRIALS; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 29, 2015, eff. Dec. 1, 2015.)