RULE 4.380. FAILURE TO MAKE DISCOVERY; SANCTIONS

(a) Motion for Order Compelling Discovery. A party may
apply for an order compelling discovery upon reasonable notice to
the other party and all persons affected, as follows:

(1) Motion. If a deponent fails to answer a question
propounded or submitted under rule 4.310, fails to respond that
the examination will be permitted as requested, or fails to submit to
or to produce a person in that party’s custody or legal control for
examination, the discovering party may move for an order
compelling an answer, or a designation or an order compelling
inspection, or an order compelling an examination in accordance
with the request. The motion must include a certification that the
movant, in good faith, has conferred or attempted to confer with the
person or party failing to make the discovery in an effort to secure
the information or material without court action. When taking a
deposition on oral examination, the proponent of the question may
complete or adjourn the examination before applying for an order.
If the court denies the motion in whole or in part, it may make such
protective order as it would have been empowered to make on a
motion made pursuant to rule 4.280(c).

(2) Evasive or Incomplete Answer. For purposes of
this subdivision an evasive or incomplete answer shall be treated as
a failure to answer.

(b) Failure to Comply with Order.

If a deponent fails to be sworn or to answer a question
after being directed to do so by the court, the failure may be
considered a contempt of the court, or, if the deponent is a party,
the court may enter any of the following orders:

(1) an order that the matters regarding which of the
questions were asked or any other designated facts shall be taken
to be established for the purposes of the action in accordance with
the claim of the party obtaining the order;

(2) an order refusing to allow the disobedient party to
support or oppose designated claims or defenses, or prohibiting that
party from introducing designated matters in evidence;

(3) an order striking out pleadings or parts of them or
staying further proceedings until the order is obeyed, or dismissing
the action or proceeding or any part of it, or rendering a judgment
by default against the disobedient party;

(4) instead of any of the foregoing orders or in addition
to them, an order treating as a contempt of court the failure to obey
any orders except an order to submit to an examination made
pursuant to rule 4.360(b)(2); or

(5) an order imposing the sanctions listed in paragraph
(1), (2), or (3) of this subdivision if the respondent fails to submit to
an examination as ordered.