CR 37.02 Failure to comply with order
Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure
Kentucky Rules of Civil Procedure (CR) Rule 37.02
CR 37.02 Failure to comply with order
(1) Sanctions by court in judicial district 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 judicial district 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 30.02(6) or 31.01(2) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under Rule 37.01 or Rule 35, 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:
(e) Where a party has failed to comply with an order under Rule 35.01 requiring him to produce another for examination, such orders as are listed in subparagraphs (a), (b) and (c) of this paragraph (2), unless the party failing to comply shows that he is unable to produce such person for examination.
(3) Expenses on failure to obey order.
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'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.
Credits
HISTORY: Amended eff. 1-1-78; prior amendment eff. 10-1-71; adopted eff. 7-1-53
Rules Civ. Proc., Rule 37.02, KY ST RCP Rule 37.02
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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