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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

In one sentenceLets a judicial authority order a noncompliant party into line when it dodges interrogatories, ignores a production request, skips a physical or mental exam, or otherwise blows off a discovery obligation, with remedies scaled to the noncompliance.

Full Text of Section 13-14

Text sizeJump to: (a) (b) (c) (d)

(a) If any party has failed to answer interrogatories or to answer them fairly, or has intentionally answered them falsely or in a manner calculated to mislead, or has failed to respond to requests for production or for disclosure of the existence and contents of an insurance policy or the limits thereof, or has failed to submit to a physical or mental examination, or has failed to comply with a discovery order made pursuant to Section 13-13, or has failed to comply with the provisions of Section 13-15, or has failed to appear and testify at a deposition duly noticed pursuant to this chapter, or has failed otherwise substantially to comply with any other discovery order made pursuant to Sections 13-6 through 13-11, the judicial authority may, on motion, make such order proportional to the noncompliance as the ends of justice require.
(b) Such orders may include the following:
(1) An order of compliance;
(2) The award to the discovering party of the costs of the motion, including a reasonable attorney’s fee;
(3) The entry of an order that the matters regarding which the discovery was sought or other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
(4) The entry of an order prohibiting the party who has failed to comply from introducing designated matters in evidence;
(5) An order of dismissal, nonsuit or default.
(c) The failure to comply as described in this section may not be excused on the ground that the discovery is objectionable unless written objection as authorized by Sections 13-6 through 13-11 has been filed.
(d) The failure to comply as described in this section shall be excused and the judicial authority may not impose sanctions on a party for failure to provide information, including electronically stored information, lost as the result of the routine, good-faith operation of a system or process in the absence of a showing of intentional actions designed to avoid known preservation obligations.

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.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 13-14). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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