Section 2.38 Procedure if the Order Is Refused

• Library: Discovery 2015

If the order is denied, the court has authority to order that the discovery be permitted. Therefore, the party defending against the motion for protective order should prepare a proposed order compelling the discovery, which the defending party should request that the court enter. If the order is entered, the requirement of any order compelling discovery under Rule 61.01 on sanctions will have been satisfied, thereby permitting...