113. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS

113 FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS 113.1 Before any motion to compel discovery is filed, the affected parties or counsel must meet for a reasonable period of time in an effort to resolve the disputed matter. The movant shall accompany any motion to compel discovery with a certification that despite a good faith effort to secure it, the discovery material sought has not been provided. This certification shall set forth specific facts describing the good faith effort, including a statement of the date, time, and place of the meeting required by this rule. 113.2 If a party fails to obey an order to provide or permit discovery, the Board may make: (a) An order that certain facts shall be taken to be established in accordance with the claim of the moving party; (b) 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; (c) An order striking pleadings, staying further proceedings until the order is obeyed, dismissing the case or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; or (d) An order imposing such other sanctions as the Board deems appropriate. 113.3 When the Board believes that the circumstances warrant either dismissing the case or rendering a default judgment against the disobedient party as a discovery sanction, it will issue an order to show cause pursuant to Subsection 121.3. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by Final Rulemaking published at 67 DCR 1734 (February 21, 2020). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 113