RULE CR 37
              FAILURE TO MAKE DISCOVERY: SANCTIONS


(a)  Motion for Order Compelling Discovery. A party, upon
     reasonable notice to other parties and all persons affected
     thereby, and upon a showing of compliance with rule 26(i),
     may apply to the court in the county where the deposition
     was taken, or in the county where the action is pending, for
     an order compelling discovery as follows:

     (1)  Appropriate Court. An application for an order to a
          party may be made to the court in which the action is
          pending, or on matters relating to a deposition, to the
          court in the county where the deposition is being
          taken. An application for an order to a deponent who is
          not a party shall be made to the court in the county
          where the deposition is being taken.

     (2)  Motion. If a deponent fails to answer a question
          propounded or submitted under rules 30 or 31, or a
          corporation or other entity fails to make a designation
          under rule 30(b)(6) or 31(a), or a party fails to
          answer an interrogatory submitted under rule 33, or if
          a party, in response to a request for inspection
          submitted under rule 34, fails to respond that
          inspection will be permitted as requested or fails to
          permit inspection as requested, any party may move for
          an order compelling an answer or a designation, or an
          order compelling inspection in accordance with the
          request. When taking a deposition on oral examination,
          the proponent of the question may complete or adjourn
          the examination before he applies for an order.

     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 made pursuant to rule 26(c).

     (3)  Evasive or Incomplete Answer. For purposes of this
          section an evasive or incomplete answer is to be
          treated as a failure to answer.

     (4)  Award of Expenses of Motion. If the motion is granted,
          the court shall, after opportunity for hearing, require
          the party or deponent whose conduct necessitated the
          motion or the party or attorney advising such conduct
          or both of them to pay to the moving party the
          reasonable expenses incurred in obtaining the order,
          including attorney fees, unless the court finds that
          the opposition to the motion was substantially
          justified or that other circumstances make an award of
          expenses unjust.

     If the motion is denied, the court shall, after opportunity
     for hearing, require the moving party or the attorney
     advising the motion or both of them to pay to the party or
     deponent who opposed the motion the reasonable expenses
     incurred in opposing the motion, including attorney fees,
     unless the court finds that the making of the motion was
     substantially justified or that other circumstances make an
     award of expenses unjust.

     If the motion is granted in part and denied in part, the
     court may apportion the reasonable expenses incurred in
     relation to the motion among the parties and persons in a
     just manner.

(b)  Failure To Comply With Order.

     (1)  Sanctions by Court in County Where Deposition Is Taken.
          If a deponent fails to be sworn or to answer a question
          after being directed to do so by the court in the
          county in which the deposition is being taken, the
          failure may be considered a contempt of that court.

     (2)  Sanctions by Court in Which Action Is Pending. If a
          party or an officer, director, or managing agent of a
          party or a person designated under rule 30(b)(6) or
          31(a) to testify on behalf of a party fails to obey an
          order to provide or permit discovery, including an
          order made under section (a) of this rule or rule 35,
          or if a party fails to obey an order entered under rule
          26(f), the court in which the action is pending may
          make such orders in regard to the failure as are just,
          and among others the following:

          (A)  An order that the matters regarding which the
               order was made or any other designated facts shall
               be taken to be established for the purposes of the
               action in accordance with the claim of the party
               obtaining the order;

          (B)   An order refusing to allow the disobedient party
               to support or oppose designated claims or
               defenses, or prohibiting him from introducing
               designated matters in evidence;

          (C)  An order striking out pleadings or parts thereof,
               or staying further proceedings until the order is
               obeyed, or dismissing the action or proceedings or
               any part thereof, or rendering a judgment by
               default against the disobedient party;

          (D)  In lieu of any of the foregoing orders or in
               addition thereto, an order treating as a contempt
               of court the failure to obey any orders except an
               order to submit to physical or mental examination;

          (E)  Where a party has failed to comply with an order
               under rule 35(a) requiring him to produce another
               for examination such orders as are listed in
               sections (A), (B), and (C) of this subsection,
               unless the party failing to comply shows that he
               is unable to produce such person for examination.

     In lieu of any of the foregoing orders or in addition
     thereto, the court shall require the party failing to obey
     the order or the attorney advising him or both to pay the
     reasonable expenses, including attorney fees, caused by the
     failure, unless the court finds that the failure was
     substantially justified or that other circumstances make an
     award of expenses unjust.

(c)  Expenses on Failure To Admit. If a party fails to admit the
     genuineness of any document or the truth of any matter as
     requested under rule 36, and if the party requesting the
     admissions thereafter proves the genuineness of the document
     or the truth of the matter, he may apply to the court for an
     order requiring the other party to pay him the reasonable
     expenses incurred in making that proof, including reasonable
     attorney fees. The court shall make the order unless it
     finds that:

     (1)  the request was held objectionable pursuant to rule
          36(a); or

     (2)  the admission sought was of no substantial importance;
          or

     (3)  the party failing to admit had reasonable ground to
          believe the fact was not true or the document was not
          genuine; or

     (4)  there was other good reason for the failure to admit.

(d)  Failure of Party To Attend at Own Deposition or Serve
     Answers to Interrogatories or Respond to Request for
     Production or Inspection. If a party or an officer,
     director, or managing agent of a party or a person
     designated under rule 30(b)(6) or 31(a) to testify on behalf
     of a party fails;

     (1)  to appear before the officer who is to take his or her
          deposition, after being served with a proper notice; or

     (2)  to serve answers or objections to interrogatories
          submitted under rule 33, after proper service of the
          interrogatories; or

     (3)  to serve a written response to a request for production
          of documents or inspection submitted under rule 34,
          after proper service of the request, the court in which
          the action is pending on motion may make such orders in
          regard to the failure as are just, and among others it
          may take any action authorized under sections (A), (B),
          and (C) of subsection (b)(2) of this rule. In lieu of
          any order or in addition thereto, the court shall
          require the party failing to act or the attorney
          advising the party or both to pay the reasonable
          expenses, including attorney fees, caused by the
          failure, unless the court finds that the failure was
          substantially justified or that other circumstances
          make an award of expenses unjust.

     The failure to act described in this subsection may not be
     excused on the ground that the discovery sought is
     objectionable unless the party failing to act has applied
     for a protective order as provided by rule 26(c). For
     purposes of this section, an evasive or misleading answer is
     to be treated as a failure to answer.

(e)  Failure To Participate in the Framing of a Discovery Plan.
     If a party or his attorney fails to participate in good
     faith in the framing of a discovery plan by agreement as is
     required by rule 26(f), the court may, after opportunity for
     hearing, require such party or his attorney to pay to any
     other party the reasonable expenses, including attorney
     fees, caused by the failure.


[Amended effective July 1, 1972; September 1, 1985; September 1, 1992; September 1, 1993.]