Rule 37.Refusal to Make Discovery: Sanctions.

Subdivision (a) is the first step. On reasonable notice to other parties and all persons affected, a party may apply for an order compelling an answer, a Rule 30(b)(6) or 31(a) designation, or production and inspection under Rule 34. The application goes to the court where the action is pending, or, on matters relating to a deposition, to the county where the deposition is being taken, and it reaches deponents who are not parties. The motion must include a certification that the movant conferred or tried in good faith to confer with the person or party failing to make discovery, in an effort to get the material without court action. Subdivision (a)(3) closes a familiar loophole: an evasive or incomplete answer or response counts as a failure to answer or respond.

Money follows the ruling. Under (a)(4)(A), if the motion is granted or the discovery arrives after it was filed, the court may, after affording an opportunity to be heard, require the party, the deponent, or the attorney advising the conduct to pay the moving party's reasonable expenses and attorney's fees, unless the movant skipped the good faith effort, the opposing position was substantially justified, or an award would be unjust. If the motion is denied, the same shifting runs the other way and the court may also enter a protective order under Rule 26(c). A partly granted motion can be apportioned. One sentence in (a)(4)(A) deserves a second read: an order compelling discovery may expressly provide that failing to comply within thirty days, or another period the court orders or the parties stipulate, brings entry of a final judgment dismissing the underlying claim or a default judgment against the party who did not comply.

Subdivision (b) handles defiance of an order. Refusing to be sworn or to answer a question after the court directs it may be considered a contempt of court. For failure or refusal to obey an order to provide or permit discovery, including one made under subdivision (a) or Rule 35, the court may take designated facts as established, refuse to let the disobedient party support or oppose designated claims or defenses, strike pleadings, stay the proceedings, dismiss the action, or render a judgment by default. It may treat disobedience as contempt, with one exception written into (b)(2)(D): an order to submit to a physical, mental or blood examination is outside the contempt power. Subdivision (b)(2)(E) carries one defense — where the failure is to produce another person for a Rule 35(a) examination, the orders in (A) through (C) follow unless the party shows it is unable to produce that person. Expenses and attorney's fees caused by the failure may be ordered against the party, the attorney advising that party, or both, absent substantial justification.

Two more provisions target specific failures. Subdivision (c) lets a party who proves a document genuine or a matter true, after the other side failed to admit it under Rule 36, apply for the reasonable expenses of making that proof, including fees; the court must make the order unless the request was held objectionable, the admission sought was of no substantial importance, the refusing party had reasonable ground to believe it might prevail, or there was other good reason. Subdivision (d) covers a party who without good cause fails to appear at its own properly noticed deposition, fails to serve answers or objections to interrogatories, or fails to serve a written response to a request for inspection; the sanctions include the orders in (b)(2)(A) through (C) plus expenses, and motions about interrogatories or inspection need the good faith conferral certification. The last sentence is the one that decides cases: none of these failures is excused on the ground that the discovery sought is objectionable unless the party failing to act has a pending motion for a protective order under Rule 26(c).