Can A Case Be Dismissed if the Other Party Refuses to Answer Questions?
Full Question:
Answer:
Typically, in a lawsuit, the discovery process is the procedure used to request information from the opposing party. Written questions may be asked through interrogatories or requests for admission. A copy is served on the opposing party after filing a copy with the court. If the party they are served on refuses to answer, typically, a motion for contempt and/or sanctions is filed with the court.
Dismissal is typically petitioned for when there is a defect in the pleadings, such as improper service, when there is a failure to state a claim, or when their is an affirmative defense to the claim. Dismissal is an unusual remedy for a party's failure to comply with a discovery request.
Please see the following VA Supreme Court Rule:
Rule 4:12. Failure to Make Discovery; Sanctions.
(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
court 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 shall 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 question
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 order 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 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.
(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 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 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 under
Rule 4:10(a) requiring him to produce 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 foregoing orders or in addition
thereto, the court shall require the party failing to obey
the order or the attorney advising him 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 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 reasonable attorney's fees. The court shall 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
failing 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 Request for
Inspection. — 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 (1) to appear before the officer who is to take his
deposition, after being 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
inspection submitted under Rule 4:9, after proper service of
the request, the court in which the action is pending on
motion may make such orders in regard to the failure as are
just, and among others it may take any action authorized
under paragraphs (A), (B), and (C) of subdivision (b)(2) of
this Rule. In lieu of any order or in addition thereto, the
court shall require the party failing to act or the attorney
advising him 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 applied
for a protective order as provided by Rule 4:1(c).