Civil Procedure · procedure
Discovery sanctions are measures taken by a court to enforce compliance with discovery obligations. They may include monetary penalties, dismissal of claims, or exclusion of evidence when a party fails to provide requested information or documentation.
The party must have failed to comply with a discovery request or order.
What to prove: It must be shown that the party received a valid discovery request and failed to respond or comply without sufficient justification.
The offending party must have been notified of the discovery violation.
What to prove: Proof must be established that the non-compliant party was made aware of their obligations and the specific issues regarding their non-compliance.
The failure to comply must have resulted in prejudice to the other party's ability to present their case.
What to prove: It has to be demonstrated that the non-compliance negatively impacted the opposing party's ability to adequately prepare for trial or defend against the claims.
The burden of proof generally rests on the party seeking sanctions, usually by a preponderance of the evidence standard.
Expect exam questions to involve hypotheticals where a party fails to produce discovery; focus on identifying whether the elements for sanctions are met.