If the motion is granted, the court shall, after opportunity. (d) Disposition of motion to compel: award of expenses. ![]() For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. 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 pursuant to Rule 192.6. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order. 2(b) without the necessity of first having obtained a court order compelling such discovery. The discovering party may move for an order compelling a designation, an appearance, an answer or answers, or inspection or production in accordance with the request, or apply to the court in which the action is pending for the imposition of any sanction authorized by Rule 215. (D) to respond that discovery will be permitted as requested or fails to permit discovery as requested in response to a request for inspection submitted under Rule 196 (C) to serve a written response to a request for inspection submitted under Rule 196, after proper service of the request or (B) to answer an interrogatory submitted under Rule 197 or (A) to serve answers or objections to interrogatories submitted under Rule 197, after proper service of the interrogatories or (B) to answer a question propounded or submitted upon oral examination or upon written questions or ![]() (A) to appear before the officer who is to take his deposition, after being served with a proper notice or (2) If a party, or other deponent, or a person designated to testify on behalf of a party or other deponent fails: (1) If a party or other deponent which is a corporation or other entity fails to make a designation under Rules 199.2(b)(1) or 200.1 (b) or As to all other discovery matters, an application for an order will be made to the court in which the action is pending. An application for an order to a deponent who is not a party shall be made to the court in the district where the deposition is being taken. ![]() On matters relating to a deposition, an application for an order to a party may be made to the court in which the action is pending, or to any district court in the district where the deposition is being taken. Motion for Sanctions or Order Compelling Discovery (1999)īack to Main Page / Back to List of RulesĪ party, upon reasonable notice to other parties and all other persons affected thereby, may apply for sanctions or an order compelling discovery as follows:
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