Va. Sup. Ct. R. 4:12

(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, to the cou rt in

the county or city where the deposition is to be taken. An application for an order to a

deponent who is not a party must be made to the court in the county or city where the

deposition is being taken.

(2) Motion. If a deponent fails to answer a que stion propounded or submitted under

Rule 4:5 or 4:6, or a corporation or other entity fails to make a designation under Rule

4:5(b)(6) or 4:6(a), or a party fails to answer an interrogatory submitted under Rule 4:8,

or if a party, in response to a request for inspection submitted under Rule 4:9, 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 inspection in accordance with the request. When

taking a deposition on oral examination, the proponent of the question may complete or

adjourn the examination before he applies for an order.

A motion under subdivision (a) of this Rule must be accompanied by a certification

that the movant has in good faith conferred or attempted to confer with other affected

parties in an effort to resolve the dispute without court action.

If the court denies the motion in whole or in part, it may make such protective ord er

as it would have been empowered to make on a motion made pursuant to Rule 4:1(c).

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

incomplete answer is to be treated as a failure to answer.

(4) Award of Expens es of Motion. If the motion is granted, the court must, after

opportunity for hearing, 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 obtaining the order, including attorney

fees, unless the court finds that the opposition to the motion was substantially justified or

that other circumstances make an award o f expenses unjust.

If the motion is denied, the court must, after opportunity for hearing, require the

moving party or the attorney advising 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 fees, unless the court finds that the making of the motion was

substant ially justified or that other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the court may apportion the

reasonable expenses in curred in relation to the motion among the parties and persons in a

just manner.

(b) Failure to Comply With Order. —

(1) Sanctions by Court in County or City Where Deposition Is Taken. If a deponent

fails to be sworn or to answer a question after being directed to do so by the court in the

county or city in which the deposition is being taken, the failure may be considered a

contempt of that court.

(2) Sanctions by Court in Which Action Is Pending. If a party or an officer, director,

or managing agent of a party or a person designated under Rule 4:5(b) (6) or 4:6(a) to

testify on behalf of a party fails to obey an order to provide or permit discovery,

including an order made under subdivision (a) of this Rule or Rule 4:10, the court in

which the action is pending may make such orders in regard to the failure 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 will 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 him 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 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 a

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

mental examination;

(E) Where a party has failed to comply with an order u nder Rule 4:10(a) requiring

him to prod uce another for examination, such orders as are listed in paragraphs (A), (B),

and (C) of this subdivision, unless the party failing to comply shows that he is unable to

produce such person for examination.

In lieu of any of the fo regoing orders or in addition thereto, the court must require

the party failing to obey the order or the attorney advising him or both to pay the

reasonable expenses, including attorney 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 Failure to Admit. — If a party fails to admit the genuineness of any

document or the truth of any matter as requested under Rule 4:11, and if the party

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

of the matter, he may apply to the court for an order requiring the other party to pay him

the reasonable expenses incurred in making that proof, including reasonabl e attorney

fees. The court must make the order unless it finds that (1) the request was held

objectionable pursuant to Rule 4:11(a), or (2) the admission sought was of no substantial

importance, or (3) the party failin g to admit had reasonable ground to believe that he

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 Requests for Production or Inspection. — If a party or an officer, director,

or managing agent of a party or a person designate d under Rule 4:5(b)(6) or 4:6(a) to

testify on behalf of a party fails (1) to appear before the officer who is to take his

deposition, after b eing served with a proper notice, or (2) to serve answers or objections

to interrogatories submitted under Rule 4: 8, after proper service of the interrogatories, or

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

Rule 4:9, after proper service of the re quest, the court in which the action is pending on

motion may make such ord ers in regard to the failure as are just, and among others it may

– without prior entry of a Rule 4:12(b) order to compel regarding this failu re – impose

any of the sanctions listed in paragraphs (A), (B), and (C) of subdivision (b)(2) of this

Rule. In lieu of any order or in addition thereto, the court must require the party failing to

act or the attorney advising him or both to pay the reasona ble expenses, including

attorney fees, caused by the failure, unless the court finds that the failure was

substant ially 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 un less the party failing to act has applied for a

protective order as provided by Rule 4:1(c).

A motion under subdivision (d) of this Rule must be accompanied by a certification

that the movant has in good faith conferred or attempted to confer with other a ffected

parties in an effort to resolve the dispute without court action.