Rule 127 - Discovery Violationsa.General rule. A party may file a motion with the court requesting a court order that requires another party or a person to disclose information or to provide discovery responses in the following situations: (1) If a party fails to disclose information that is required under Rule 121; to appear at a deposition under Rule 123; to answer a question at a deposition, or to designate a knowledgeable representative under Rule 123(c); to answer an interrogatory under Rule 124; to respond to a request for production or to permit entry upon property under Rule 125; or to appear for a medical examination under Rule 122(f)(6).(2) If a person who is not a party fails to obey a subpoena that requires the non-party to appear as a witness at a deposition under Rule 123, or to answer a question at a deposition, or to designate a knowledgeable representative under Rule 123(c). A failure to disclose, appear, answer, designate, or respond includes evasive or incomplete disclosures, appearances, answers, designations, or responses. If a party or person fails to comply with an order that requires disclosure of information or providing discovery responses, upon motion the court may impose against that party or person a penalty specified in Rule 127(d). The court may also assess an appropriate penalty against any party or attorney who has engaged in unreasonable, groundless, abusive or obstructionist conduct during a deposition, as provided in Rule 123(d); or against a party or attorney who has denied requests for admissions without a reasonable basis, as provided by Rule 126(d). [ARCP 37(a), (b)]
b.Discovery motion filed by an attorney. An attorney who files a motion under this rule against a party must certify in the motion that he or she has been unable to satisfactorily resolve the matter after a good faith attempt to personally consult with the opposing party. [ARCP 26(g), 37(a)] c.Failure to provide electronically stored information. Absent exceptional circumstances, a court may not impose sanctions under this rule on a party or a person for failing to provide electronically stored information that has been lost as a result of the routine, good-faith operation of an electronic information system. [ARCP 37(g)] d.Penalties. The penalties that a court may impose include ordering that certain witnesses or exhibits may not be used at trial; that a particular fact is deemed established; that a pleading or a claim or defense in a pleading be stricken; or that the party be assessed the reasonable attorneys' fees, costs, and expenses of a party who was harmed by inaccurate, untimely, or lack of disclosure or discovery. The court may also impose any other reasonable civil penalty, including a monetary penalty, which is appropriate under the circumstances. [ARCP 37(a), (b)] Just. Ct. R. Civ. proc. 127
Adopted Aug. 30, 2012, effective 1/1/2013.