R.I. Super. Ct. R. Civ. P. 37

(a) Motion for

Order Compelling Discovery. A party, upon reasonable notice to other parties and

all persons affected thereby, may apply for an order compelling discovery as

follows:

(1) Appropriate Court. An application for an order to a party may be made to the

court in which the action is pending or, on matters relating to a deposition, in the

county in which the deposition is being taken. This provision shall also apply to a

deponent who is not a party.

(2) Motion. If a deponent fails to answer a question propounded or submitted

under Rules 30 and 31, or a corporation or other entity fails to make a designation

under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted

under Rule 33, or if a party, in response to a request for production or inspection

submitted under Rule 34, fails to respond that inspection will be permitted as

requested or fails to permit inspection as requested, the discovering party may move

for an order compelling an answer, or a designation, or an order compelling

production or inspection in accordance with the request. The motion must include a

certification that the movant has in good faith 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.

(3) Evasive or Incomplete Answer or Response. For purposes of this subdivision

an evasive or incomplete answer or response is to be treated as a failure to answer

or respond.

(4) Expenses and Sanctions.

(A) If the motion is granted or if requested discovery is provided after the motion

was filed, the court may, after affording an opportunity to be heard, require the party

or deponent whose conduct necessitated the motion or the party or attorney advising

such conduct or both of them to pay to the moving party the reasonable expenses

incurred in making the motion, including attorney's fees, unless the court finds that

the motion was filed without the movant's first making a good faith effort to obtain

the disclosure or discovery without court action, or that the opposing party's

nondisclosure, response, or objection was substantially justified, or that other

circumstances make an award of expenses unjust. An order compelling discovery

may expressly provide for entry of a final judgment dismissing the underlying claim

or entry of a default judgment against the nonmoving party if the order is not

complied with within thirty (30) days or such shorter or longer time as the court may

order or as the parties may stipulate.

(B) If the motion is denied, the court may enter any protective order authorized

under Rule 26(c) and may, after affording an opportunity to be heard, require the

moving party or the attorney filing the motion or both of them to pay to the party or

deponent who opposed the motion the reasonable expenses incurred in opposing the

motion, including attorney's fees, unless the court finds that the making of the motion

was substantially justified or that other circumstances make an award of expenses

unjust.

(C) If the motion is granted in part and denied in part, the court may enter any

protective order authorized under Rule 26(c) and may, after affording an opportunity

to be heard, apportion the reasonable expenses incurred in relation to the motion

among the parties and persons in a just manner.

(D) Absent exceptional circumstances, the court may not impose sanctions on a

party under these rules for failure to provide electronically stored information lost

as a result of the routine, good faith operation of an electronic information system.

(b) Failure to Comply With Order.

(1) Contempt. If a party or other witness refuses to be sworn or refuses to answer

any question after being directed to do so by the court, the refusal may be punished

as a contempt of court.

(2) Other Consequences. If a party or an officer, director, or managing agent of

a party or a person designated under Rule 30(b)(6) to testify on behalf of a party fails

or refuses to obey an order to provide or permit discovery, including an order made

under subdivision (a) of this rule or Rule 35, the court may make such orders and

enter such judgment in regard to the failure or refusal as are just, and among others

the following:

(A) An order that the matters regarding which the order was made, 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;

(B) An order refusing to allow the disobedient party to support or oppose

designated claims or defenses, or prohibiting the disobedient party from introducing

designated matters in evidence;

(C) An order striking out pleadings or parts thereof, or staying further

proceedings until the order is obeyed, or a final judgment dismissing the action or

proceeding or any part thereof, or rendering a judgment by default against the

disobedient party;

(D) In lieu of any of the foregoing orders or in addition thereto, an order treating

as contempt of court the failure to obey any orders except an order to submit to a

physical or mental examination; and/or

(E) Where a party has failed to comply with an order under Rule 35(a) requiring

the party to produce another for examination, such orders as are listed in subdivisions

(A), (B), and (C) of this subdivision of this rule, unless the party failing to comply

shows that the party is unable to produce such person for examination.

In lieu of any of the foregoing orders or in addition thereto, the court may require

the party failing to obey the order or the attorney advising that party 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.

(c) Expenses on Refusal to Admit. If a party fails to admit the genuineness of

any documents or the truth of any matter as requested under Rule 36, and if the party

requesting the admissions thereafter proves the genuineness of the document or the

truth of the matter, the requesting party may apply to the court for an order requiring

the other party to pay the reasonable expenses incurred in making such proof,

including reasonable attorney's fees.

The court may make the order unless it finds that:

(1) The request was held objectionable pursuant to Rule 36(a);

(2) The admission sought was of no substantial importance;

(3) The party failing to admit had reasonable ground to believe that the party

might prevail on the matter; or

(4) There was other good reason for the failure to admit.

(d) Failure of Party to Attend at Own Deposition or Serve Answers to

Interrogatories or Respond to Request for Inspection. If a party or an officer,

director, or managing agent of a party or a person designated under Rule 30(b)(6) or

31(a) to testify on behalf of a party fails

(1) to appear before the officer who is to take the deposition, after being served

with a proper notice, or

(2) to serve answers or objections to interrogatories submitted under Rule 33,

after proper service of the interrogatories, or

(3) to serve a written response to a request for inspection submitted under Rule

34, after proper service of the request,

the court on motion may make such orders in regard to the failure as are just, and

among others the court may take any action authorized under subparagraph (A), (B)

and (C) of subdivision (b)(2) of this rule. Any motion specifying a failure under

cause (2) or (3) of this subdivision shall include a certification that the movant has

in good faith conferred or attempted to confer with the party failing to answer or

respond in an effort to obtain such answer or response without court action. In lieu

of any order or in addition thereto, the court may require the party failing to act or

the attorney advising that party 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.

The failure to act described in this subdivision may not be excused on the

ground that the discovery sought is objectionable unless the party failing to act has

a pending motion for a protective order as provided by Rule 26(c).