Section 13-14.Order for Compliance; Failure To Answer or Comply with Order
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 13-14
Amendment History
(P.B. 1978-1997, Sec. 227.) (Amended June 28, 1999, to take effect Jan. 1, 2000; amended Aug. 24, 2001, to take effect Jan. 1, 2002; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 12, 2015, to take effect Jan. 1, 2016; amended June 24, 2016, to take effect Jan. 1, 2017; amended June 23, 2017, to take effect Jan. 1, 2018, amended June 11, 2021, to take effect Jan. 1, 2022.)
Plain-English Summary
Section 13-14 gives the judicial authority a toolkit for dealing with a party that will not play fair in discovery. It applies when a party fails to answer interrogatories or answers them unfairly, falsely, or in a misleading way; fails to respond to a production request or an insurance-disclosure request; skips a court-ordered physical or mental exam; ignores a prejudgment-remedy disclosure order under Section 13-13 or the continuing-disclosure duty under Section 13-15; no-shows a duly noticed deposition; or otherwise substantially fails to comply with a discovery order issued under Sections 13-6 through 13-11. On motion, the court may enter an order proportional to the noncompliance — the rule does not authorize an automatic or fixed penalty.
The available orders range from mild to severe: an order compelling compliance; an award of the discovering party’s costs and reasonable attorney’s fees; an order deeming the disputed facts established in the moving party’s favor; an order barring the noncompliant party from introducing designated evidence; or, at the far end, dismissal, nonsuit, or default. A party cannot dodge sanctions just by calling the discovery objectionable — it must have filed a written objection. And the rule builds in a safe harbor: a court may not sanction a party for losing electronically stored information through the routine, good-faith operation of a system, unless the requesting party shows the loss resulted from intentional action meant to dodge a known duty to preserve it.
Frequently Asked Questions
What sanctions can a Connecticut court impose for failing to comply with discovery?
Under Section 13-14(b), the court may order compliance, award costs and reasonable attorney’s fees, deem certain facts established, bar the noncompliant party from introducing designated evidence, or enter dismissal, nonsuit, or default.
Can a party avoid discovery sanctions by claiming the request was objectionable?
Not unless it filed a written objection. Section 13-14(c) says noncompliance cannot be excused on the ground that the discovery was objectionable unless a proper written objection was filed.
Is a party sanctioned for losing electronically stored information?
No, not automatically. Section 13-14(d) excuses information lost through the routine, good-faith operation of a system or process, unless the other party shows the loss came from intentional action taken to avoid a known preservation obligation.
Does failing to appear at a deposition trigger these sanctions?
Yes. Section 13-14(a) lists failure to appear and testify at a duly noticed deposition as one of the grounds for a compliance order under this section.