4.6 Discovery Motions and Motions for Sanctions

• Library: Federal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

4.6 DISCOVERY MOTIONS AND MOTIONS FOR SANCTIONS

Discovery motions filed in the Western District of Virginia are given serious and thoughtful consideration, and this avenue of relief should be sought when counsel cannot reach an agreement on resolution of those disputes. ¹²¹⁵ Pursuing admissions through requests should not be overlooked and can be the most powerful discovery tool available. ¹²¹⁶

Motions for violations of Fed. R. Civ. P. 26(a) or a scheduling order are brought under Fed. R. Civ. P. 16(f). Motions for violations of prior orders compelling discovery are brought under Fed. R. Civ. P. 37(b)(2)(A). Motions for sanctions for failing to show at a deposition or failing to answer interrogatories or requests for inspection are brought under Rule 37(d). A showing of willfulness is not required under Rule 37(d). ¹²¹⁷ Moreover, a direct order by the court as provided in Rule 37(a) and (b) is not a prerequisite to imposition of sanctions under Rule 37(d).

Sanctions are rarely granted in the Western District...