- Can courts alter the default limits on the number of certain discovery requests? See Rule 26(b)(2)(A).
- May a court limit the extent or frequency of discovery methods? In limiting discovery, may a court act on its own initiative or must it wait for a motion? What bases permit a court to limit discovery? See Rule 26(b)(2)(C).
- Under what circumstances may a party request a protective order? What is the procedure for requesting a protective order? See Rule 26(c).
- Must disclosures, discovery requests, responses, or objections be signed? See Rule 26(g).
- What is certified by a signature on a disclosure? See Rule 26(g)(1)(A).
- What is certified by a signature on a discovery request, response, or objection? See Rule 26(g)(1)(B).
- Must a party respond to an unsigned discovery request? See Rule 26(g)(2).
- May a discovery request be stricken if unsigned? See Rule 26(g)(2).
- What is the sanction for improper certification? See Rule 26(g)(3).
Enforcement & sanctions
- When and under what circumstances may a party move for an order compelling disclosure or discovery? See Rule 37(a).
- If a party makes an evasive initial disclosure, can the opposing party seek a motion to compel? See Rule 37(a)(3)(A), 37(a)(4).
- What should the court do if it wants to grant a motion to compel? What if it wants to deny? What if it wants to grant in part and deny in part? See Rule 37(a)(5).
- How does Rule 37(b) differ from Rule 37(a)?
- Under what circumstances may a court sanction a party pursuant to Rule 37(b)? What sanctions are available? Are sanctions mandatory or discretionary?
- What sanctions are permitted against a party who fails to make an initial disclosure, required supplementation, or amendment of a discovery response? See Rule 37(c)(1).
- What sanctions are possible if a party fails to admit the genuineness of a document under Rule 36, and the document’s genuineness is later proven in court? See Rule 37(c)(2).
- What sanctions are permitted against a party who fails to appear for a deposition, fails to answer interrogatories, or fails to respond to a request for inspection? See Rule 37(d).
- Can the court sanction a party for failing to provide electronically stored information lost through accidental but reasonable operation of the party’s computer systems? See Rule 37(e).
Updated Feb. 5, 2016