What are the remedies for discovery violations?
In South Carolina, when a party violates the rules of civil procedure during the discovery process, there are a few remedies available. The court can issue sanctions for violations, such as monetary fines or other punishments. Sanctions may be imposed for failing to comply with discovery rules, including but not limited to failing to provide timely answers to interrogatories, or failing to respond to requests for admission. The court may also order a corrective action, such as ordering a party to provide the requested information, or ordering that the information already provided be replaced or supplemented. In some cases, the court may impose an “adverse inference instruction," which would allow the jury to reach a negative conclusion about the issue in dispute if the party fails to provide the requested information during discovery. Additionally, the court may impose costs upon the violating party for any expenses incurred by the other parties in having to bring the motion for sanctions. Finally, the court may order a dismissal or default judgment against the violating party. This means that the violating party will not be able to present evidence to support their claims against the other party. This can have the most significant impact on the outcome of a case. Therefore, it is important to understand the civil procedure rules and always comply with the discovery process in South Carolina.
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