Rule 37.Failure to Make or Cooperate in Discovery: Sanctions
Chapter V: Depositions and Discovery · Last amended February 20, 2023 · Last verified July 14, 2026
In one sentenceRule 37 lays out Mississippi's discovery-sanctions ladder — a motion to compel that now requires a certified good-faith attempt to resolve the dispute first, fee-shifting depending on who wins the motion, escalating penalties (from deemed-established facts to dismissal, default judgment, or contempt) for violating a discovery order, and reimbursement of proof costs when a party wrongly refuses to admit a fact later shown to be true.
(a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
(1)Appropriate Court. An application for an order may be made to the court in which the action is pending.
(2)Motion. If a deponent fails to answer a question propounded or submitted under Rules 30 or 31, or a corporation or other entity fails to make a designation under Rules 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order.
If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(d).
(3)Evasive or Incomplete Answer. For purposes of this section, an evasive or incomplete answer is to be treated as a failure to answer.
(4)Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney’s fees, unless the court finds that the movant filed the motion before attempting in good faith to obtain the discovery without court action, the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expense unjust.
If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
(1)Sanctions by Court. If a deponent fails to be sworn or to answer a question after being directed to do so by the court, the failure may be considered a contempt of court.
(2)Sanctions by Court in Which Action Is Pending.
(A)For Not Obeying a Discovery Order. If a party or an officer, director, or managing agent of a party or a person designated under Rules 30(b)(6) or 31(a) to testify in behalf of a party fails to obey an order to provide or permit discovery, including an order made under subsection (a) of this rule, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
(i)an order that the matters regarding which the order was made or any 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;
(ii)an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence;
(iii)an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
(iv)in lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders.
(B)For Not Producing a Person for Examination. If a party fails to comply with an order under Rule 35(a) requiring it to produce another person for examination, the court may issue any of the orders listed in Rule 37(b)(2)(A)(i)-(iii), unless the disobedient party shows that it cannot produce the other person.
(C)Payment of Expenses. In lieu of any of the foregoing orders or in addition, thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
(c)Expenses on Failure to Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. The court shall make the order unless it finds that (1) the request was held objectionable under Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that he might prevail on the matter, or (4) there was other good reason for the failure to admit.
(d)Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under Rules 30(b)(6) or 31(a) to testify on behalf of a party fails (1) to appear before the officer who is to take his deposition, after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under Rule 33, after proper service of interrogatories, or (3) to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subsections (b)(2)(A)(i), (ii), or (iii) of this rule. A motion for sanctions for failing to answer or respond must include a certification that the movant has in good faith conferred or attempted to confer with the party failing to act in an effort to obtain the answer or response without court action. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
The failure to act described in this subsection may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order under Rule 26(d).
(e)Additional Sanctions. In addition to the application of those sanctions, specified in Rule 26(d) and other provisions of this rule, the court may impose upon any party or counsel such sanctions as may be just, including the payment of reasonable expenses and attorneys’ fees, if any party or counsel (i) fails without good cause to cooperate in the framing of an appropriate discovery plan by agreement under Rule 26(c), or (ii) otherwise abuses the discovery process in seeking, making or resisting discovery.
Amendment History
Effective February 20, 2023, M.R.C.P. 37 was amended so as to require a party to confer in good faith with the opposing party before moving to compel. In addition, the amendment specifies the sanctions for failing to produce a person for examination pursuant to Rule 35.
Plain-English Summary
Rule 37(a) lets a party move to compel discovery on reasonable notice, but a 2023 amendment requires the motion to include a certification that the moving party already tried in good faith to work out the dispute without court involvement. The motion covers a deponent who won't answer a question, an organization that won't designate a witness under Rule 30(b)(6) or Rule 31(a), a party that won't answer an interrogatory, or a party that won't permit or respond to an inspection request under Rule 34; an evasive or incomplete answer counts as no answer at all. If the court grants the motion, it must — after a chance for a hearing — order the losing side (or its attorney, or both) to pay the moving party's reasonable expenses, including attorney's fees, unless the movant filed before making a real attempt to resolve things, the opposition was substantially justified, or other circumstances would make an award unjust. The same fee-shifting runs the other way if the motion is denied, and the court can apportion expenses if the ruling is split.
Subsection (b) covers what happens when a party defies an actual court order. If a deponent refuses to be sworn or to answer after the court has directed an answer, that can be treated as contempt. More broadly, if a party — or its officer, director, managing agent, or Rule 30(b)(6)/31(a) designee — disobeys an order to provide or permit discovery, the court can do whatever is just, including deeming certain facts established, barring the disobedient party from supporting or opposing designated claims or defenses or introducing certain evidence, striking pleadings, staying the case, dismissing it, entering a default judgment, or treating the disobedience itself as contempt. A party who fails to produce another person for a Rule 35 examination faces the fact-establishment, evidence-preclusion, and pleading-striking/dismissal/default sanctions — but not the contempt sanction available for other order violations — unless it shows it cannot produce that person. Any of these sanctions can come with an order to pay the reasonable expenses the failure caused, again unless the failure was substantially justified or an award would otherwise be unjust.
Subsection (c) addresses the specific case of a party who denies a Rule 36 request for admission and is later proven wrong: the party who did the proving can ask the court to order payment of the reasonable expenses of that proof, including attorney's fees, and the court must make that order unless the request was objectionable, the admission sought wasn't substantially important, the denying party had reasonable grounds to think it might prevail on the point, or there was some other good reason for the denial. Subsection (d) covers a party's total failure to show up for its own deposition, answer interrogatories, or respond to a production request — the same fact-establishment, evidence-preclusion, and pleading-striking/dismissal/default sanctions apply (though not the separate contempt sanction), the same good-faith conferral certification is required, and a party cannot excuse total silence by calling the discovery objectionable unless it sought a protective order. Subsection (e) is a catch-all, letting the court sanction a party or counsel who fails without good cause to cooperate in framing a discovery plan or who otherwise abuses the discovery process.
Frequently Asked Questions
Do I have to try to resolve a discovery dispute before filing a motion to compel in Mississippi?
Yes. Since a 2023 amendment, Rule 37(a) requires the motion to include a certification that the moving party already conferred, or tried in good faith to confer, with the other side in an effort to get the discovery without involving the court.
What happens if the court grants my motion to compel discovery?
Rule 37(a)(4) generally requires the losing party, its attorney, or both to pay the reasonable expenses of the motion, including attorney's fees, unless the motion was filed before a genuine good-faith attempt to resolve things, the opposition was substantially justified, or other circumstances would make the award unjust.
What sanctions can a court impose if a party disobeys a discovery order?
Rule 37(b) authorizes a wide range of responses, including deeming certain facts established, barring the disobedient party from supporting or opposing designated claims or introducing certain evidence, striking pleadings, staying the case, dismissing it, entering a default judgment, or treating the violation as contempt.
What if I deny a request for admission and the other side later proves it true?
Rule 37(c) lets the party who did the proving ask the court to order you to pay the reasonable expenses of that proof, including attorney's fees, unless the request was objectionable, the matter wasn't substantially important, you had reasonable grounds to believe you might prevail, or there was some other good reason for the denial.
Can I just not respond at all to interrogatories or a document request if I think they're objectionable?
No. Rule 37(d) treats a total failure to respond much like other discovery violations, authorizing the fact-establishment, evidence-preclusion, and pleading-striking/dismissal/default sanctions (though not the separate contempt sanction), and specifies that objecting to the discovery is not an excuse for total silence unless the party sought a protective order.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as:ms motion to compel discoverydiscovery sanctions mississippi rule 37good faith conferral certification mississippifailure to admit costs mississippi rule 37