Motion for Discovery Sanctions

When the motion for discovery sanctions is used

Timing: after a violation. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Rule 37(b) covers failure to comply with a court order; Rule 37(d) covers a party's failure to attend its own deposition, serve answers to interrogatories, or respond to a request for inspection.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 37(b)–(d) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for discovery sanctions in state court

This page covers the federal version. In state court, the motion for discovery sanctions may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Sanctions: penalties a court may impose for violating rules or orders.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Compel Discovery: a request that the court order a party to make disclosures or respond to discovery.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.