Sample Motion for Sanctions for failure to respond to discovery requests. This is for use when there is no response to your discovery request. For any other kind of unresolved discovery dispute, use the motion to compel. In this example, the Defendant filed discovery requests and the Plaintiff did not respond at all. (Formatted for red line paper.)

______, / * / IN THE
Plaintiff / * / CIRCUIT COURT
vs. / * / FOR
______, / * / ______County
Defendant / * / CASE NO: ______
***** / * / **** *

MOTION FOR SANCTIONS

FOR FAILURE TO RESPOND TO DISCOVERY

TO THE HONORABLE, THE JUDGE OF SAID COURT:

______, Defendant, by and through his attorneys, ______, and pursuant to Md. Rule 2-432(a), respectfully requests this Honorable Court impose sanctions against the [Plaintiff/Defendant] for failure to respond to discovery, and for cause states:

STATEMENT OF FACTS

  1. On [date], the Plaintiff filed a complaint for absolute divorce.
  2. The case is set for trial on [date] at [time] before [master or judge].
  3. On [date], the [Defendant] mailed [type of discovery] to [party or opposing counsel], first class mail, postage prepaid. A copy of the discovery notice is attached hereto.
  4. [Attorney] has attempted on numerous occasions to contact [party or opposing counsel] regarding [type of discovery] and has received no response.

ARGUMENT

Md. Rules 2-421 and 2-422 deal with Interrogatories to Parties and Discovery of Documents. Md. Rule 2-421(b) states:

“The party to whom the interrogatories are directed shall serve a response within 30 days after service of the interrogatories or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later.” Md. Rule 2-422(c) uses the same language: “The party to whom a request is directed shall serve a written response within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later.”

Including the addition of three days for requests served by mail under Md. Rule 1-203(c), the deadline for the Defendant to serve discovery responses was June 18, 2009.

Md. Rule 2-432(a) provides for immediate sanctions for certain failures of discovery, including failure to file responses to interrogatories and request for production of documents:

“A discovering party may move for sanctions under Rule 2-433 (a), without first obtaining an order compelling discovery under section (b) of this Rule, if a party or any officer, director, or managing agent of a party or a person designated under Rule 2-412 (d) to testify on behalf of a party, fails to appear before the officer who is to take that person's deposition, after proper notice, or if a party fails to serve a response to interrogatories under Rule 2-421 or to a request for production or inspection under Rule 2-422, after proper service. Any such failure may not be excused on the ground that the discovery sought is objectionable unless a protective order has been obtained under Rule 2-403.”

As set out in the Statement of Facts, Defendant’s counselmade many good faith effort to resolve this discovery dispute, though she was not required to do so under Md. Rule 2-432(a).

Md. Rule 2-433(a) provides for sanctions for certain failures of discovery, including failure to file responses to interrogatories and request for production of documents:

“Upon a motion filed under Rule 2-432(a), the court, if it finds a failure of discovery, may enter such orders in regard to the failure as are just, including one or more of the following:

(1) An order that the matters sought to be discovered, or any other designated facts shall be taken to be established for the purpose of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the failing party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matter in evidence; or

(3) An order striking out pleadings or parts thereof, or staying further proceeding until the discovery is provided, or dismissing the action or any part thereof, or entering a judgment by default that includes a determination as to liability and all relief sought by the moving party against the failing party if the court is satisfied that it has personal jurisdiction over that party. If, in order to enable the court to enter default judgment, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any matter, the court may rely on affidavits, conduct hearings or order references as appropriate, and, if requested, shall preserve to the plaintiff the right of trial by jury.

Instead of any order or in addition thereto, the court, after opportunity for hearing, shall require the failing party or the attorney advising the failure to act or both of them to pay the reasonable expenses, including attorney's 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 Plaintiff has failed to provide responses to discovery despite repeated requests.

CONCLUSION

The Plaintiff filed this case. It is her responsibility to prosecute it. Because she has not bothered to do so, such sanctions as are allowed by the Maryland Rules and are appropriate should be imposed on the Plaintiff.

Wherefore, the Defendant prays:

  1. That this Court pass an Order staying any further proceeding in this case until the Plaintiff serves Answers to Defendant’s Interrogatories and a Response to the Defendant’s Request for Production, Inspection, and Copying of Documents; and/or
  2. That this Court pass an Order dismissing the Plaintiff’s Complaint for Modification of Custody; and/or
  3. That this Court pass an Order that the facts alleged in the Defendant’s Answer and Counter-Claims be taken as established; and/or
  4. That this Court pass an Order refusing to allow the Plaintiff to introduce as evidence, or testify to, any information that was requested in the Defendant’s Interrogatories and/or the Defendant’s Request for Production, Inspection, and Copying of Documents; and/or
  5. That this Court pass an Order striking the Plaintiff’s pleadings; and/or
  6. That this Court pass an Order imposing such sanctions as are just; and
  7. For such other and further relief as the nature of his cause may require.

Respectfully submitted,

Attorney

Firm

Address

Address

Phone

Fax

Email

Attorneys for the ______

POINTS AND AUTHORITIES

Md. Rule 1-203 (time computation)

Md. Rule 2-311 (motions)

Md. Rule 2-421 (interrogatories to parties)

Md. Rule 2-422 (discovery of documents)

CERTIFICATION OF COUNSEL FOR PLAINTIFF

I hereby certify that the statements made in the forgoing Motion for Sanctions are true and correct, including all statements regarding her efforts to resolve this discovery matter without the need for litigation.

Attorney

CERTIFICATE OF SERVICE

I hereby certify that on this day of , , a copy of the forgoing Motion for Sanctions was mailed, certified mail, return receipt requested, to .

Attorney

Complaint for Absolute Divorce
Page 1 of 5 / Plaintiff vs. Defendant
C-00-0000000