Rule 71.Sanctions

Rule 65 sanctions discovery failures and Rule 76.2 sanctions failures to participate in proceedings. Rule 71 covers everything else: a party or attorney who fails to comply with these rules.

The available orders

On a party's motion or its own, and unless the noncompliant party or attorney shows good cause, the court may refuse to allow the party to support or oppose a designated claim or defense; prohibit introducing designated matters in evidence; stay further proceedings until a previous order is obeyed; dismiss a claim; find the party or attorney in contempt; or enter a default judgment against the disobedient party. The list is open -- the rule says an order may do these things "among other things."

The good cause structure is worth noticing. It is not the moving party's burden to disprove an excuse; the noncompliant party must supply one.

Two kinds of money

Reasonable expenses -- including attorney fees and costs -- may be ordered paid to the opposing party, by the party or the attorney or both, for expenses incurred because of the noncompliance.

An assessment to the clerk may be ordered instead of or in addition. This is the provision that distinguishes Rule 71 from ordinary fee-shifting: the payment does not go to the other side. It exists for the case where noncompliance wasted the court's time without costing the opponent much, and it removes the argument that no sanction is warranted because the other party suffered no quantifiable loss.

The limit

The court may not order expenses or an assessment if it finds the noncompliance was substantially justified, or that other circumstances make the award unjust. That mirrors the standard in Rules 65(a)(4) and 76.2(c), so the same defense runs across all three sanctions rules.

Rule 71 is cross-referenced throughout Part VIII: Rule 66(e) for failing to discuss settlement in good faith, Rule 67.3(k)(3) for failing to appear at mediation, and Rule 67.4(b)(2) for failing to appear at or participate in a settlement conference.