(a) Mo­tion for an Order Compelling Dis­clo­sure or Dis­cov­ery.

(1) In General. On notice to other parties and all affected per­sons, a par­ty may move for an order compelling dis­clo­sure or 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 dis­clo­sure or discovery in an ef­fort to obtain it without court ac­tion.

(2) Appropriate Court. A motion for an order to a party must be made in the court where the action is pending. A motion for an order to a nonparty must be made in the court where the dis­covery is or will be taken.

(3) Specific Motions.

(A) To Compel Disclosure. If a party fails to make a dis­clo­sure re­quired by Rule 26(a), any other party may move to com­pel dis­closure and for appropriate sanc­tions.

(B) To Compel a Discovery Response. A party seek­ing dis­cov­ery may move for an order compelling an answer, des­ig­na­tion, pro­duction, or inspection. This motion may be made if:

(i) a deponent fails to answer a question asked un­der Rule 30 or 31;

(ii) a corporation or other entity fails to make a des­ig­na­tion un­der Rule 30(b)(6) or 31(a)(4);

(iii) a party fails to answer an interrogatory sub­mit­ted un­der Rule 33; or

(iv) a party fails to respond that inspection will be per­mitted — or fails to permit inspection — as re­quest­ed un­der Rule 34.

(C) Related to a Deposition. When taking an oral de­po­si­tion, the party asking a question may complete or adjourn the ex­am­ination before moving for an order.

(4) Evasive or Incomplete Disclosure, Answer, or Re­sponse. For purposes of this subdivision (a), an eva­sive or in­com­plete dis­closure, answer, or response must be treated as a fail­ure to dis­close, answer, or respond.

(5) Payment of Expenses; Protective Orders.

(A) If the Motion Is Granted (or Disclosure or Dis­cov­ery Is Provided After Filing). If the motion is granted — or if the dis­clo­sure or requested discovery is provided after the mo­tion was filed — the court must, after giving an opportunity to be heard, require the par­ty or deponent whose conduct ne­ces­si­tated the motion, the par­ty or attorney advising that con­duct, or both to pay the mov­ant’s reasonable expenses in­cur­red in mak­ing the motion, in­clud­ing attorney’s fees. But the court must not order this pay­ment if:

(i) the mov­ant filed the motion before attempting in good faith to obtain the disclosure or discovery with­out court ac­tion;

(ii) the opposing party’s nondisclosure, response, or ob­jec­tion was substantially justified; or

(iii) other circumstances make an award of ex­penses un­just.

(B) If the Motion Is Denied. If the motion is denied, the court may issue any protective order authorized un­der Rule 26(c) and must, after giving an opportunity to be heard, re­quire the movant, the attorney filing the mo­tion, or both to pay the party or deponent who opposed the motion its rea­son­able expenses incurred in op­pos­ing the motion, including at­tor­ney’s fees. But the court must not order this payment if the mo­tion was sub­stan­tial­ly justified or other circumstances make an award of expenses unjust.

(C) If the Motion Is Granted in Part and Denied in Part. If the motion is granted in part and denied in part, the court may issue any protective order authorized un­der Rule 26(c) and may, after giving an opportunity to be heard, apportion the reasonable ex­penses for the mo­tion.

(b) Failure to Comply with a Court Order.

(1) Sanctions in the District Where the Deposition Is Tak­en. If the court where the discovery is taken orders a de­ponent to be sworn or to answer a question and the de­ponent fails to obey, the fail­ure may be treated as con­tempt of court.

(2) Sanctions in the District Where the Action Is Pend­ing.

(A) For Not Obeying a Discovery Order. If a party or a par­ty’s of­ficer, director, or managing agent — or a witness des­ig­nated un­der Rule 30(b)(6) or 31(a)(4) — fails to obey an order to pro­vide or permit discovery, in­cluding an order un­der Rule 26(f), 35, or 37(a), the court where the action is pend­ing may issue fur­ther just orders. They may include the fol­low­ing:

(i) directing that the matters embraced in the order or oth­er des­ignated facts be taken as established for pur­poses of the ac­tion, as the prevailing party claims;

(ii) prohibiting the disobedient party from supporting or op­pos­ing des­ign­ated claims or defenses, or from in­tro­duc­ing des­ig­nated matters in evidence;

(iii) striking pleadings in whole or in part;

(iv) staying further proceedings until the order is obeyed;

(v) dismissing the action or proceeding in whole or in part;

(vi) rendering a default judgment against the dis­obe­dient party; or

(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental ex­am­ination.

(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)-(vi), un­less the dis­obedient party shows that it cannot produce the oth­er per­son.

(C) Payment of Expenses. Instead of or in addition to the or­ders above, the court must order the disobedient party, the at­tor­ney advising that party, or both to pay the reasonable ex­penses, in­cluding attorney’s fees, caused by the failure, un­less the failure was sub­stan­tially justified or other cir­cum­stances make an award of expenses unjust.

(c) Failure to Disclose, to Supplement an Earlier Response, or to Admit.

(1) Failure to Disclose or Supplement. If a party fails to pro­vide in­formation or identify a witness as required by Rule 26(a) or (e), the par­ty is not allowed to use that in­for­mation or wit­ness to supply evi­dence on a motion, at a hearing, or at a tri­al, unless the failure was substantially jus­ti­fied or is harmless. In addition to or instead of this sanction, the court, on motion and after giv­ing an op­por­tunity to be heard:

(A) may order payment of the reasonable expenses, in­clud­ing at­tor­ney’s fees, caused by the failure;

(B) may inform the jury of the party’s failure; and

(C) may impose other appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i)-(vi).

(2) Failure to Admit. If a party fails to admit what is re­quested un­der Rule 36 and if the requesting party later proves a doc­u­ment to be gen­uine or the matter true, the requesting party may move that the party who failed to admit pay the reasonable ex­penses, including at­torney’s fees, incurred in making that proof. The court must so or­der unless:

(A) the request was held objectionable under Rule 36  (a);

(B) the admission sought was of no substantial im­por­tance;

(C) the party failing to admit had a reasonable ground to be­lieve that it might prevail on the matter; or

(D) there was other good reason for the failure to ad­mit.

(d) Party’s Failure to Attend Its Own Deposition, Serve An­swers to Interrogatories, or Respond to a Request for In­spec­tion.

(1) In General.

(A) Motion; Grounds for Sanctions. The court where the ac­tion is pending may, on motion, order sanctions if:

(i) a party or a party’s officer, director, or managing agent — or a person designated under Rule 30  (b)  (6) or 31 (a) (4) — fails, after being served with proper notice, to ap­pear for that per­son’s de­po­si­tion; or

(ii) a party, after being properly served with in­ter­rog­a­tories un­der Rule 33 or a request for inspection un­der Rule 34, fails to serve its answers, objections, or written response.

(B) Certification. 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.

(2) Unacceptable Excuse for Failing to Act. A failure de­scribed in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable, un­less the party failing to act has a pend­ing motion for a protective order under Rule 26 (c).

(3) Types of Sanctions. Sanctions may include any of the or­ders listed in Rule 37(b)(2)(A)(i)-(vi). Instead of or in addition to these sanc­tions, the court must require the party failing to act, the attorney ad­vis­ing that party, or both to pay the reasonable ex­penses, in­cluding attorney’s fees, caused by the failure, un­less the failure was sub­stan­tially justified or other cir­cum­stances make an award of ex­penses unjust.

(e) Failure to Provide Electronically Stored Information. Ab­sent ex­ceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored in­for­ma­tion lost as a result of the routine, good-faith op­er­a­tion of an electronic in­formation system.

(f) Failure to Participate in Framing a Discovery Plan. If a party or its attorney fails to participate in good faith in de­veloping and sub­mitting a proposed discovery plan as re­quired by Rule 26(f), the court may, after giving an op­por­tunity to be heard, require that par­ty or at­torney to pay to any other party the reasonable ex­penses, including at­torney’s fees, caused by the failure.