Rule 37. Statement of discovery issues; Sanctions; Failure toadmit, to attend deposition or to preserve evidence.
(a) Statement of discovery issues.
(a)(1) A party or the person fromwhom discovery is sought may request that the judge enter an order regardingany discovery issue, including:
(a)(1)(A) failure to discloseunder Rule 26;
(a)(1)(B) extraordinary discoveryunder Rule 26;
(a)(1)(C) a subpoena under Rule
(a)(1)(D) protection fromdiscovery; or
(a)(1)(E) compelling discoveryfrom a party who fails to make full and complete discovery.
(a)(2) Statement of discovery issues length and content.
(a)(2)(A) the relief sought andthe grounds for the relief sought stated succinctly and with particularity;
(a)(2)(B) a certification that therequesting party has in good faith conferred or attempted to confer with theother affected parties in person or by telephone in an effort to resolve thedispute without court action;
(a)(2)(C) a statement regardingproportionality under Rule
(a)(2)(D) if the statementrequests extraordinary discovery, a statement certifying that the party hasreviewed and approved a discovery budget.
(a)(3) Objection length and content.
(a)(4) Permitted attachments.
(a)(5) Proposed order. Eachparty must file a proposed order concurrently with its statement or objection.
(a)(6) Decision. Upon filingof the objection or expiration of the time to do so, either party may and theparty filing the statement must file a Request to Submit for Decision underRule 7(g).The court will promptly:
(a)(6)(A) decide the issues on thepleadings and papers;
(a)(6)(B) conduct a hearing bytelephone conference or other electronic communication; or
(a)(6)(C) order additionalbriefing and establish a briefing schedule.
(a)(7)(A) that the discovery notbe had or that additional discovery be had;
(a)(7)(B) that the discovery maybe had only on specified terms and conditions, including a designation of the timeor place;
(a)(7)(C) that the discovery maybe had only by a method of discovery other than that selected by the partyseeking discovery;
(a)(7)(D) that certain matters notbe inquired into, or that the scope of the discovery be limited to certain matters;
(a)(7)(E) that discovery beconducted with no one present except persons designated by the court;
(a)(7)(F) that a deposition afterbeing sealed be opened only by order of the court;
(a)(7)(G) that a trade secret or otherconfidential information not be disclosed or be disclosed only in a designatedway;
(a)(7)(H) that the partiessimultaneously deliver specified documents or information enclosed in sealedenvelopes to be opened as directed by the court;
(a)(7)(I) that a question about astatement or opinion of fact or the application of law to fact not be answereduntil after designated discovery has been completed or until a pretrialconference or other later time;
(a)(7)(J) that the costs, expensesand attorney fees of discovery be allocated among the parties as justicerequires; or
(a)(7)(K) that a party pay thereasonable costs, expenses andattorney fees incurred on account of the statement of discovery issues if the reliefrequested is granted or denied, or if a party provides discovery or withdraws adiscovery request after a statement of discovery issues is filed and if thecourt finds that the party, witness, or attorney did not act in good faith orasserted a position that was not substantially justified.
(a)(8) Request for sanctions prohibited.
(a)(9) Statement of discovery issues does not toll discoverytime. A statement of discovery issues doesnot suspend or toll the time to complete standard discovery.
(b) Motion for sanctions. Unless the court finds that thefailure was substantially justified, the court, upon motion, may imposeappropriate sanctions for the failure to follow its orders, including thefollowing:
(b)(1) deem the matter or any other designated facts to beestablished in accordance with the claim or defense of the party obtaining theorder;
(b)(2) prohibit the disobedient party from supporting oropposing designated claims or defenses or from introducing designated mattersinto evidence;
(b)(3) stay further proceedings until the order is obeyed;
(b)(4) dismiss all or part of the action, strike all or partof the pleadings, or render judgment by default on all or part of the action;
(b)(5) order the party or the attorney to pay the reasonablecosts, expenses, and attorney fees, caused by the failure;
(b)(6) treat the failure to obey an order, other than anorder to submit to a physical or mental examination, as contempt of court; and
(b)(7) instruct the jury regarding an adverse inference.
(c) Motion for costs, expenses and attorney fees on failure toadmit. If a party fails to admit thegenuineness of a document or the truth of a matter as requested under Rule
(c)(1) the request was held objectionable pursuant to Rule
(c)(2) the admission sought was of no substantialimportance;
(c)(3) there were reasonable grounds to believe that theparty failing to admit might prevail on the matter;
(c)(4) that the request was not proportional under Rule
(c)(5) there were other good reasons for the failure toadmit.
(d) Motion for sanctions for failure of party to attenddeposition.