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Ch 1, p.36 CIVIL PROCEDURE December 2010
or any other involving the same controversy, regarding the testimony of every other person who has
examined or may thereafter examine the party in respect of the same mental or physical condition.
1.516(3) This rule applies to examination made by agreement of the parties, unless the agreement
expressly provides otherwise. This rule does not preclude discovery of a report of an examiner or the
taking of a deposition of the examiner in accordance with the provisions of any other rule or statute.
[Report 1943; amendment 1973; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rule 1.517 Consequences of failure to make discovery.
1.517(1) Motion for order compelling discovery. A party, upon reasonable notice to other parties
and all persons affected thereby, may move for an order compelling discovery as follows:
a. Appropriate court. A motion 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 court in the district where the deposition is
being taken. A motion for an order to a deponent who is not a party shall be made to the court in the
district where the deposition is being taken.
b. Motion. If a deponent fails to answer a question propounded or submitted under rule 1.701
or 1.710, or a corporation or other entity fails to make a designation under rule 1.707(5), or a party
fails to answer an interrogatory submitted under rule 1.509, or if a party, in response to a request
for inspection submitted under rule 1.512, fails to respond that inspection will be permitted as
requested or fails to permit inspection as requested, the party seeking discovery may move for an
order compelling an answer, a designation, or an 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 moving for an order.
Any order granting a motion made under this rule shall include a statement that a failure to
comply with the order may result in the imposition of sanctions pursuant to rule 1.517.
In ruling on such motion, the court may make such protective order as it would have been
empowered to make on a motion pursuant to rule 1.504(1).
c. Evasive or incomplete answer. For purposes of this rule an evasive or incomplete answer is to
be treated as a failure to answer.
d. Award of expenses of motion. If the motion is granted, the court shall, 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’s fees, unless the court finds that the opposition to the motion
was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the court shall, 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’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.
If the motion is granted in part and denied in part, the court may apportion the reasonable expenses
incurred in relation to the motion among the parties and persons in a just manner.
e. Notice to litigants. If the motion is granted, the court shall direct the clerk to mail a copy of the
order to counsel and to the party or parties whose conduct, individually or by counsel, necessitated
the motion.
1.517(2) Failure to comply with order.
a. Sanctions by court in district 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 district in which the deposition is
being taken, the failure may be considered a contempt of that court.
b. 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 1.707(5) to testify on behalf of a party fails to obey
an order to provide or permit discovery, including an order made under rule 1.515 or rule 1.517(1),
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:
(1) 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.
(2) An order refusing to allow the disobedient party to support or oppose designated claims or
defenses, or prohibiting such party from introducing designated matters in evidence.