Rule 37. Failure to Make or Cooperate in Discovery. Sanctions

Rule 37.05. Failure to Participate in the Framing of a Discovery Plan

If a party or the party’s attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26.06, the court may, after opportunity for hearing, require such party or the party’s attorney to pay to any other party the reasonable expenses, including attorney’s fees, caused by the failure. [Added by order entered January 31, 1984, effective August 20, 1984.]

Click here for Advisory Commission Comments to Rules 37.01-37.06.


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