Back to Questions
Federal Rules of Civil Procedure (FRCP) QUESTION #3691
Question 1
During discovery in a federal case, a party fails to produce documents specifically requested. The opposing party immediately files a motion for sanctions, including a request for attorney's fees. How should the court handle the motion?
  • Grant the motion immediately because discovery rules are self-executing.
  • Deny the motion unless the movant includes a certification that they in good faith conferred or attempted to confer with the party failing to act.✔️
  • Grant the motion but only if the non-moving party's failure was willful and in bad faith.
  • Deny the motion because attorney's fees are never available for discovery disputes.
Correct Answer Explanation
Rule 37(a)(1) requires that a motion for an order compelling disclosure or discovery 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.