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Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Since attorneys' fees cannot ordinarily be awarded against the United States (28 U.S.C.
Rule 37(e) curative measures or sanctions are available only if ESI that should have been preserved ?is lost.? The Advisory Committee Note provides that: ?Because electronically stored information often exists in multiple locations, loss from one source may be harmless when substitute information can be found elsewhere ...
If a deposition-related motion is transferred to the court where the action is pending, and that court orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of either the court where the discovery is taken or the court where the action is pending.
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
Rule 37(d) explains that a court where the action is pending may order sanctions if a party or party's officer, director, or managing agent fails to appear for that person's deposition after getting served with proper notice. The court may also take action if a party fails to respond to an interrogatory.
If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
(A) In General. A party must disclose to the other parties the identity of any witness it may use at trial to present expert testimony.
(a) Except as provided in subsection (b), the Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District of Columbia.