Discovery study questions III: discovery control & abuse


  1. Can courts alter the default limits on the number of certain discovery requests? See Rule 26(b)(2)(A).
  2. 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).
  3. Under what circumstances may a party request a protective order? What is the procedure for requesting a protective order?  See Rule 26(c).


  1. Must disclosures, discovery requests, responses, or objections be signed? See Rule 26(g).
  2. What is certified by a signature on a disclosure? See Rule 26(g)(1)(A).
  3. What is certified by a signature on a discovery request, response, or objection? See Rule 26(g)(1)(B).
  4. Must a party respond to an unsigned discovery request? See Rule 26(g)(2).
  5. May a discovery request be stricken if unsigned? See Rule 26(g)(2).
  6. What is the sanction for improper certification? See Rule 26(g)(3).

Enforcement & sanctions

  1. When and under what circumstances may a party move for an order compelling disclosure or discovery? See Rule 37(a).
  2. 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).
  3. 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).
  4. How does Rule 37(b) differ from Rule 37(a)?
  5. Under what circumstances may a court sanction a party pursuant to Rule 37(b)? What sanctions are available?  Are sanctions mandatory or discretionary?
  6. 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).
  7. 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).
  8. 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).
  9. 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