R151-4-516. Motion to Compel Discovery, Motion to Strike Evidence - Other Sanctions

(1)(a) The discovering party may move for an order compelling discovery, an order to strike evidence, or other sanction if: (i) a party fails to make disclosures required by Section R151-4-503; (ii) a party fails to make the disclosures required by Section R151-4-504; (iii) a party fails to make the disclosures required by Section R151-4-504.5; (iv) a deponent fails to answer a question; (v) a corporation or other entity named as a deponent fails to designate an individual to testify under Subsection R151-4-603(1)(b); or (vi) a party, in response to a request under Section R151-4-514, fails to produce documents, permit inspection, or permit entry as requested. (b) When taking a deposition, the proponent of a question may complete or adjourn the examination before applying for an order. (c) If the presiding officer denies the motion in whole or in part, the presiding officer may make a protective order that otherwise would be authorized by Section R151-4-507. (d) An evasive or incomplete answer is treated as a failure to answer. (2)(a) If a party or other person fails to comply with a disclosure requirement or with an order compelling discovery: (i) the department may seek civil enforcement in the district court under Section 63G-4-501; or (ii) the presiding officer may, for good cause, issue an order: (A) that the related matters and facts shall be taken to be established; (B) refusing to allow the disobedient party to support or oppose designated claims or defenses; or (C) prohibiting the disobedient party from introducing designated matters in evidence; (D) striking out pleadings or motions, or portions of pleadings or motions; (E) dismissing the proceeding or a portion of the proceeding; or (F) rendering a judgment by default against the disobedient party. (3) In determining the appropriate sanction for the failure to comply with a disclosure requirement or an order compelling discovery, the presiding officer may consider the following factors: (a) the timeliness of the moving party's motion in relation to the scheduled hearing; (b) the time lapsed since the disobedient party's deadline for proper compliance; (c) the prejudice to the moving party if the evidence in question is not stricken; and (d) any other factor the presiding officer determines to be relevant.