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122 Cards in this Set

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1
Intro to Civ Pro: These rules should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding
3
Intro to Pleading: A civil action is commenced by filing a complaint with the court.
8(a)(1)
The Complaint: A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction
8(a)(2)
The Complaint: A pleading that states a claim for relief must contain:
(2) a short and plain statement of the claim showing that the pleader is entitled to relief.
8(a)(3)
The Complaint: A pleading that states a claim for relief must contain:
(3) a demand for the relief sought.
8(d)(1)
The Complaint: Each allegation must be simple, concise, and direct.
8(d)(2)
The Complaint: A party may set out two or more statements of a claim or defense either in a single count or defense or in separate ones.
8(d)(3)
The Complaint: A party may state as many separate claims or defenses as it has, regardless of consistency.
8(e)
The Complaint: Pleadings must be construed so as to do justice.
9(b)
The Complaint: In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.
10(a)
The Complaint: The title of the complaint must name all the parties.
10(b)
The Complaint: A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.
10(c)
The Complaint: A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion.
12(b)
Rule 12 Motions: Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of SMJ
(2) lack of personal jurisdiction
(3) improper venue
(4) insufficient process
(5) insufficient service of process
(6) failure to state a claim upon which relief can be granted

A motion asserting any of these defenses must be made before pleading if a responsive is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
12(e)
Rule 12 Motions: A party may move for a more definite statement of a pleading if a responsive pleading is so vague or ambiguous that the party cannot reasonably prepare a response. If the court orders a more definite statement and the order is not obeyed within 14 days, the court may strike the pleading or issue any other appropriate order
12(f)
Rule 12 Motions: The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
(1) sua sponte
(2) on motion made by a party either before responding to the pleading or within 21 days after being served with the pleading.
12(g)(1)
Rule 12 Motions: A motion under this rule may be joined with any other motion allowed by this rule.
12(g)(2)
Rule 12 Motions: A party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.
12(h)(1)
Rule 12 Motions: A party waives any defense listed in 12(b)(2)-(5) by:
(A) omitting it from a motion in the circumstances described in 12(g)(2)
(B) failing to either:
(i) make it by motion under this rule
(ii) include it in a responsive pleading or in an amendment allowed as a matter of course.
12(h)(2)
Rule 12 Motions: Failure to state a claim upon which relief can be granted or to state a legal defense to a claim may be raised:
(A) in any pleading allowed or ordered
(B) by a motion under 12(c)
(C) at trial
12(h)(3)
Rule 12 Motions: If the court determines at any time that it lacks SMJ, the court must dismiss the action.
(i) Hearing Before Trial. If a party so moves, any defense listed in 12(b)(1)-(7) - whether made in a pleading or by motion must be heard and decided before trial.
8(b)(1)
The Answer: In responding to a pleading a party must:
(A) state in short and plain terms its defenses to each claim asserted against it
(B) admit or deny the allegations asserted against it by an opposing party
8(b)(2)
The Answer: A denial must fairly respond to the substance of the allegation.
8(b)(3)
The Answer: A party that intends in good faith to deny all the allegations of a pleading may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
8(b)(4)
The Answer: A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
8(b)(5)
The Answer: A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
8(b)(6)
The Answer: An allegation is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
8(c)(1)
The Answer: In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
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15(a)(1)
Amending the Pleadings: A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or motion
15(a)(2)
Amending the Pleadings: In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.
15(a)(3)
Amending the Pleadings: Any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading.
15(c)(1)
Amending the Pleadings: An amendment to a pleading relates back to the original pleading when:
(A) the law provides the applicable statute of limitations allows relation back
(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out in the original pleading
(C) the amendment changes the party or the named of the party against whom a claim is asserted and the party to be brought in by amendment:
(i) received such notice of the action that it will not be prejudiced in defending on the merits
(ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity
15(c)(2)
Amending the Pleadings: When the US is added as a defendant by amendment, the notice requirements are satisfied if process was delivered or mailed to the US attorney, to the AG of the US, or to the officer or agency.
11(a)
Policing Materials Submitted to the Court: Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.
11(b)(1)
Policing Materials Submitted to the Court: By presenting to the court a pleading, written motion, or other paper, an attorney certifies that to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
11(b)(2)
Policing Materials Submitted to the Court: By presenting to the court a pleading, written motion, or other paper, an attorney certifies that to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(2) the claims or defenses are warranted by existing law or nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law
11(b)(3)
Policing Materials Submitted to the Court: By presenting to the court a pleading, written motion, or other paper, an attorney certifies that to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(3) the factual contentions have evidentiary support or will likely have evidentiary support after a reasonable opportunity for further investigation
11(b)(4)
Policing Materials Submitted to the Court: By presenting to the court a pleading, written motion, or other paper, an attorney certifies that to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(4) the denials of factual contentions are warranted on the evidence or are reasonably based on belief or a lack of information.
11(c)(1)
Policing Materials Submitted to the Court: If, after notice and a reasonable opportunity to respond, the court determines that 11b has been violated, the court may impose an appropriate sanction on any attorney that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
11(c)(2)
Policing Materials Submitted to the Court: A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates 11b. If the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days (safe harbor) after service or within another time the court sets, no sanctions.
11(c)(3)
Policing Materials Submitted to the Court: Sua sponte, the court may order an attorney to show cause why conduct specifically described in the order has not violated 11b.
11(c)(4)
Policing Materials Submitted to the Court: A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated.
11(c)(5)
Policing Materials Submitted to the Court: The court must not impose a monetary sanction:
(A) against a represented party for violating 11b2
(B) sua sponte
11(c)(6)
Policing Materials Submitted to the Court: An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.
11(d)
Policing Materials Submitted to the Court: This rule does not apply to disclosure and discovery requests, responses, objections
26(a)(1)(A)(i)
Forms of Discovery: A party must, without awaiting a discovery request, provide to the other parties:
(i) the name and the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses.
26(a)(1)(A)(ii)
Forms of Discovery: A party must, without awaiting a discovery request, provide to the other parties:
(ii) a copy of all documents, electronically stored information, and tangible things that the disclosing party as in its possession, custody, or control and may use to support its claims or defenses.
26(a)(1)(A)(iii)
Forms of Discovery: A party must, without awaiting a discovery request, provide to the other parties:
(iii) a computation of each category of damages claimed by the disclosing party - who must also make available for inspection and copying the evidentiary material on which each computation is based, including materials bearing on the nature and extent of injuries suffered
26(a)(1)(A)(iv)
Forms of Discovery: A party must, without awaiting a discovery request, provide to the other parties:
(iv) for inspection and copying, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment
26(a)(1)(B)
Forms of Discovery: The following proceedings are exempt from initial disclosure:
(i) an action for review on an admin record
(ii) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence
(iii) an action brought without an attorney by a person in the custody of the US,
(iv) an action to enforce or quash an admin summons or subpoena
(v)an action by the US to recover benefit payments
(vi) an action by the US to collect on a student loan guaranteed by the US
(vii) a proceeding ancillary to a proceeding in another court
(viii) an action to enforce an arbitration award
26(a)(1)(C)
Forms of Discovery: A party must make the initial disclosures at or within 14 days after the parties' 26f conference.
26(a)(1)(D)
Forms of Discovery: A party that is first served after the 26f conference must make the initial disclosures within 30 days after being served.
26(a)(1)(E)
Forms of Discovery: A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party's disclosure or because another party has not made its disclosures.
26(b)(1)
Forms of Discovery: The scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense - including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant info need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.
26(b)(2)(A)
Forms of Discovery: By order, the court may alter the limits in these rules on the number of depos and interogs or on the length of the depos under 30. By order of local rule, the court may also limit the number of requests.
26(b)(2)(C)(i)
Forms of Discovery: The court must limit the frequency or extent of discovery otherwise allowed by these rules if it determines that:
(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive.
26(b)(2)(C)(ii)
Forms of Discovery: The court must limit the frequency or extent of discovery otherwise allowed by these rules if it determines that:
(ii) the party seeking discovery has had ample opportunity to obtain the info by discovery in the action
26(b)(2)(C)(iii)
Forms of Discovery: The court must limit the frequency or extent of discovery otherwise allowed by these rules if it determines that:
(iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.
26(c)(1)
Forms of Discovery: A party from whom discovery is sought may move for a protective order in the court where the action is pending in the court for the district where the deposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(A) forbidding the disclosure or discovery
(B) specify terms for the disclosures or discovery;
(C) prescribing a discovery method other than the one selected by the party seeking discovery;
(D) forbidding inquiry into certain matters;
(E) designating the persons who may be present while the discovery is conducted;
(F) requiring that a deposition be sealed and opened only on court order;
(G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and
(H) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court directs.
26(c)(2)
Forms of Discovery: If a motion for a protective order is wholly or partly denied, the court may order that any party provide or permit discovery.
26(d)(1)
Forms of Discovery: A party may not seek discovery from any source before the parties have conferred.
26(d)(2)
Forms of Discovery: Unless the court orders otherwise for the parties’ and witnesses’ convenience and in the interests of justice:
(A) methods of discovery may be used in any sequence; and
(B) discovery by one party does not require any other party to delay its discovery.
26(f)(1)
Forms of Discovery: The parties must confer as soon as practicable – and at least 21 days before a scheduling conference is to be held or a scheduling order is due under 16(b).
26(f)(2)
Forms of Discovery: In conferring, the parties must consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case and develop a proposed discovery plan.
26(f)(3)
Forms of Discovery: A discovery plan must state the parties’ views and proposals on:
(A) what changes should be made in the timing;
(B) the subjects on which discovery may be needed, and when discovery should be completed;
(C) any issues about disclosure or discovery of electronically stored information;
(D) any issues about claims of privilege or of protection as trial-preparation materials;
(E) what changes should be made in the limitations on discovery imposed under these rules and what other limitations should be imposed
26(f)(4)
Forms of Discovery: If necessary to comply with its expedited schedule for conferences, a court may:
(A) require the parties’ conference to occur less than 21 days before the scheduling conference is held;
(B) require the written report outlining the discovery plan to be filed less than 14 days after the parties’ conference.
30(a)(1)
Forms of Discovery: A party may depose any person without leave of court. The deponent’s attendance may be compelled by subpoena.
30(b)(1)
Forms of Discovery: A party who wants to depose a person must give reasonable written notice to every other party. The notice must state the time and place of the deposition and the deponent’s name and address.
30(b)(6)
Forms of Discovery: In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination.
30(c)(1)
Forms of Discovery: The examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence. After putting the deponent under oath or affirmation, the officer must record the testimony.
30(c)(2)
Forms of Discovery: An objection at the time of the examination must be noted on the record, but the examination still proceeds. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court.
33(a)(1)
Forms of Discovery: Interrogatories to Parties. In General. Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2)
33(a)(2)
Forms of Discovery: An interrog may relate to any matter. An interrog is not objectionable merely because it asks for an opinion or contention that related to fact or the application of law to fact, but the court may order that the interrog need not be answered until discovery is complete.
33(b)(1)
Forms of Discovery: The interrogs must be answered:
(A) by the party to whom they are directed; or
(B) by any officer or agent of a public or private corporation.
33(b)(2)
Forms of Discovery: The responding party must serve its answers and any objections within 30 days after being served with the interrogs. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.
33(b)(3)
Forms of Discovery: Each interrog must be answered separately and fully in writing under oath.
33(b)(4)
Forms of Discovery: The grounds for objecting to an interrog must be stated with specificity.
33(b)(5)
Forms of Discovery: The person who makes the answers must sign them, and the attorney who objects must sign and objections.
33(c)
Forms of Discovery: An answer to an interrog may be used to the extent allowed by the Federal Rules of Evidence.
33(d)
Forms of Discovery: If the answer to an interrog may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records (including electronically stored information), and if the burden of ascertaining the answer will be substantially the same for either party, the responding party may answer by:
(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.
34(a)
Forms of Discovery: A party may serve on any other party a request to produce and permit the requesting party to inspect the following items in the responding party’s possession, custody, or control:
(A) any designated documents or electronically stored information stored in any medium from which information can be obtained by the responding party into a reasonably usable form; or
(B) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
34(b)(1)
Forms of Discovery: The request:
(A) must describe with reasonable particularity each item or category of items to be inspected;
(B) must specify a reasonable time, place, and manner for the inspection for performing the related acts; and
(C) may specify the form in which electronically stored information is to be produced.
34(b)(2)
Forms of Discovery: The party to whom the request is directed must respond in writing within 30 days after being served.
(B) Responding to Each Item.
(C) Objections.
(D) Responding to a Request for Production of Electronically Stored Information.
(E) Producing the Documents or Electronically Stored Information.
34(c)
Forms of Discovery: A nonparty may be compelled to produce documents and tangible things or to permit an inspection.
36(a)(1)
Forms of Discovery: A party may serve on any other party a written request to admit the truth of any matters relating to:
(A) facts, the application of law to fact, or opinions about either; and
(B) the genuineness of any described documents.
36(a)(2)
Forms of Discovery: Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document.
36(a)(3)
Forms of Discovery: A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves of the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney.
36(a)(4)
Forms of Discovery: If a matter is not admitted, the answer must, in good faith, specifically deny it or state in detail why the answering party cannot truthfully admit or deny it.
36(a)(5)
Forms of Discovery: The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.
36(a)(6)
Forms of Discovery: The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served.
36(b)
Forms of Discovery: A matter admitted under this rule is conclusively established unless the court permits the admission to be withdrawn or amended. The court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits.
16(a)(1)
Scope and Limits of Discovery: In any action, the court may order the attorneys to appear for one or more pretrial conferences for such purposes as:
(1) expediting the disposition of the action;
(2) establishing control so that the case will not be protracted because of lack of management;
(3) discouraging wasteful pretrial activities;
(4) improving the quality of the trial through more thorough preparation, and;
(5) facilitating the settlement of the case.
16(b)(1)
Scope and Limits of Discovery: Except in categories of actions exempted by local rule, the district judge must issue a scheduling order;
(A) after receiving the parties’ report under Rule 26(f); or
(B) after consulting with the parties’ attorneys at a scheduling conference
16(b)(2)
Scope and Limits of Discovery: The judge must issue the scheduling order as soon as practicable, but within 120 days after any defendant has been served with the complaint or 90 days after any defendant has appeared.
26(b)(2)(B)
Scope and Limits of Discovery: A party need not provide discovery of electronically stored info from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion for a protective order, the party from whom discovery is sought must show that the info is not reasonably accessible because of undue burden or cost.
26(b)(3)(A)(i)
Scope and Limits of Discovery: A party may not discover documents and tangible things that are prepared in anticipation of litigation by another party. But, those materials may be discovered if:
(i) they are otherwise discoverable
26(b)(3)(A)(ii)
Scope and Limits of Discovery: A party may not discover documents and tangible things that are prepared in anticipation of litigation by another party. But, those materials may be discovered if:
(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.
26(b)(3)(B)
Scope and Limits of Discovery: Work Product - If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney concerning the litigation.
26(b)(3)(C)
Scope and Limits of Discovery: Any party or other person may obtain the person’s own previous statement about the action or its subject matter. A previous statement is either:
(i) a written statement that the person has signed;
(ii) a recording that recites the person’s oral statement.
26(b)(4)(A)
Scope and Limits of Discovery: A party may depose any person who has been identified as an expert whose opinions may be presented at trial. The deposition may be conducted only after the report is provided.
26(b)(4)(B)
Scope and Limits of Discovery: A party may not discover facts known or opinions held by an expert who has been retained by another party in anticipation of litigation. But a party may do so only:
(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.
26(b)(4)(C)
Scope and Limits of Discovery: Unless manifest injustice would result, the court must require that the party seeking discovery:
(i) pay the expert a reasonable fee for time spent in responding to discovery
(ii) pay the other party a fair portion of the fees and expenses it reasonably incurred in obtaining the expert’s facts and opinions.
34(b)(1)(C)
Scope and Limits of Discovery: The request may specify the form in which electronically stored information is to be produced.
34(b)(2)(D)
Scope and Limits of Discovery: The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form, the party must state the form it intends to use.
34(b)(2)(E)
Scope and Limits of Discovery: A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request.
(ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form in which it is ordinarily maintained or in a reasonably usable form.
(iii) A party need not produce the same electronically stored information in more than one form.
37(a)(1)
Judicial Regulation of Discovery: On a notice to other parties, a party may move for an order compelling disclosure or discovery. 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.
37(a)(2)
Judicial Regulation of Discovery: A motion for an order to a party must be made in the court where the action is pending. A motion for an order to a nonparty must be made in the court where the discovery is or will be taken.
37(a)(3)
Judicial Regulation of Discovery:
(A) If a party makes a disclosure, any other party may move to compel disclosure and for appropriate sanctions.
(B) 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;
(ii) a corporation fails to make a designation;
(iii) a party fails to answer an interrogatory;
(iv) a party fails to respond that inspection will be permitted;
(C) When taking an oral deposition, the party asking a question may complete or adjourn the examination before moving for an order.
37(a)(4)
Judicial Regulation of Discovery: An evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer or respond.
37(a)(5)(A)
Judicial Regulation of Discovery: If the motion is granted, the court must require the deponent whose conduct necessitated the motion, the attorney advising that conduct, or both to pay the movant’s reasonable expenses incurred in making the motion. But the court must not order this payment if:
(i) the movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court action;
(ii) the opposing party’s nondisclosure, response, or objection was substantially justified; or
(iii) other circumstances make an award of expenses unjust.
37(a)(5)(B)
Judicial Regulation of Discovery: If the motion is denied, the court may issue a protective order authorized and must require the movant filing the motion, or both to pay the party who opposed the motion it reasonable expenses incurred in opposing the motion. But the court must not order this payment if the motion was substantially justified or other circumstances make an award of expenses unjust.
37(a)(5)(C)
Judicial Regulation of Discovery: If the motion is granted in part and denied in part, the court may issue a protective order and may apportion the reasonable expenses for the motion.
37(b)(1)
Judicial Regulation of Discovery: If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey the failure may be treated as contempt of court.
37(b)(2)
Judicial Regulation of Discovery:
(A) For Not Obeying a Order for Discovery or Person for Examination. If a party fails to obey an order the court may issue further just orders:
(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rendering a default judgment against the disobedient party; or
(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.
(C) Payment of Expenses. Instead of or in addition to the orders above, the court must order the disobedient party to pay the reasonable expenses caused by the failure, unless the failure was substantially justified or other circumstances makes an award of expenses unjust.
37(c)(1)
Judicial Regulation of Discovery: If a party fails to provide information, the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In addition to or instead of this sanction, the court:
(A) may order payment of the reasonable expenses caused by the failure;
(B) may inform the jury of the party’s failure; and
(C) may impose other appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i)-(vi).
37(c)(2)
Judicial Regulation of Discovery: If a party fails to admit what is requested and if the requesting party later proves a document to be genuine or the matter true, the requesting party may move that the party who failed to admit pay the reasonable expenses incurred in making that proof. The court must so order unless:
(A) the request was held objectionable ;
(B) the admission sought was of no substantial importance;
(C) the party failing to admit had a reasonable ground to believe that it might prevail on the matter; or
(D) there was other good reason for the failure to admit.
37(d)(1)
Judicial Regulation of Discovery: The court may order sanctions if:
(i) a party fails, after being served with proper notice, to appear for that person’s deposition; or
(ii) a party fails to serve its answers, objections or written response.
37(d)(2)
Judicial Regulation of Discovery: A failure described in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable.
37(d)(3)
Judicial Regulation of Discovery: 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 must require the party to pay the reasonable expenses caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust.
26(g)(1)
Judicial Regulation of Discovery: By signing, an attorney certifies that to the best of the person’s knowledge, information, and belief formed after a reasonable inquiry:
(B) with respect to a discovery request, response, or objection, it is:
(i) warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law, or for establishing new law;
(ii) not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and
(iii) neither unreasonable nor unduly burdensome or expensive.
26(g)(2)
Judicial Regulation of Discovery: Other parties have no duty to act on an unsigned disclosure, request, response, or objection until it is signed, and the court must strike it unless a signature is promptly supplied after the omission is called to the party’s attention.
26(g)(3)
Judicial Regulation of Discovery: If a certification violates this rule without substantial justification, the court must impose a sanction on the signer. The sanction may include an order to pay the reasonable expenses caused by the violation.