What are the remedies for discovery violations?

In Delaware, the remedies for discovery violations generally depend upon the severity of the violation. If a party is found to have failed to comply with discovery rules, the court may impose sanctions against that party. Sanctions can range from minor penalties such as costs and attorney’s fees, to more serious penalties such as precluding testimony, striking pleadings, dismissing the action, and/or entering a default judgment. The court also has the discretion to order specific performance. This means the court may order a party to fulfill its discovery obligations, or provide the opposing party with the documents or testimony it requested in discovery. In addition, when a party fails to comply with an order from the court, the opposing party has the option to file a motion for contempt. This is a very serious matter and can result in a party being held in contempt of court, and subject to the consequences of contempt, including fines and even imprisonment. Finally, a party may also choose to seek remedies in damages. If the failure to comply with discovery rules is so egregious that the aggrieved party suffers actual damages from the breach, then that party may be able to recover monetary damages. In conclusion, in Delaware, the remedies for discovery violations range from imposing sanctions to seeking damages. The court will determine the appropriate remedy for any discovery violation based on the severity of the violation and the damages suffered by the aggrieved party.

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