4.7 Rule 26(g) Sanctions

• Library: Attorney Fees and Sanctions - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

4.7 RULE 26(g) SANCTIONS

4.701 In General.

A. Improper Certification of Discovery Responses. Rule 26(g) permits sanctions for the improper certification of discovery responses. If a certification violates this Rule without substantial justification, the court, on motion or on its own, must impose an appropriate sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable attorney expenses, including attorney fees, caused by the violation.

B. Improper Claims of Privilege. Counsel should be wary of filing a response to a Rule 34 document production request that asserts privilege/protection as a basis for refusing to make requested production without having a factual basis to support each element of each privilege/ protection claimed for each document withheld, because doing so is a...