Rule 37.04.Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.

Rule 37.04 addresses a different problem than Rule 37.01: not a witness who shows up but won't answer, but a party — or that party's officer, director, managing agent, or a witness designated under Rule 30.02(6) or 31.01(2) — who doesn't show up or doesn't respond at all. That covers failing to appear for a properly noticed deposition, failing to serve answers or objections to interrogatories sent under Rule 33, and failing to serve a written response to a request for inspection under Rule 34.

When that happens, the court where the case is pending can, on motion, impose any of the sanctions listed in Rule 37.02(2)(a) through (c) — treating facts as established, barring claims or defenses, or striking pleadings and related relief — and must also require the non-complying party or its attorney to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the failure was substantially justified or an award would be unjust. A party cannot defend the failure by arguing the discovery request was objectionable unless it had already applied for a protective order under Rule 26.03; the rule does not let a party sit on its objections and raise them only after ignoring the deadline.