Answer Court Motion For Sanctions
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FAQ
R. 3.1348. The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
The enforcement of a sanctions order by execution is the best method as many judges prefer that the execution procedures be used, and will not allow contempt proceedings for collection purposes at least until after other methods such as execution have been attempted.
To ensure that people follow the rules, judges have the power to punish disobedience. Sometimes they do this on their own initiative, but sometimes other litigants ask the judge to punish someone else. These sanctions motions identify litigation misconduct and ask a judge to impose a penalty.
At the conclusion of the judicial process, a judge may sentence an individual convicted of a crime to some type of penalty or sanction, such as a decree of imprisonment, a fine, or other punishments.