What are the remedies for discovery violations?

In Virginia, the remedies for discovery violations are designed to happen in civil court. They are meant to prevent and provide a solution for any violation of the discovery process. For violations of discovery, a party can file a motion to compel discovery of information. This motion can require the other party to provide any information that was not willingly shared during the discovery process. It may even force the other party to pay for the cost of the motion and make them cover any losses sustained due to the lack of disclosure. The court also has the power to impose certain sanctions for the failure to respond to the discovery process. These sanctions may include fines, limited court participation by the party, dismissal of the case, or even contempt of court. A judge in Virginia also has the power to exclude evidence that was obtained through discovery violations or violations of the discovery rules. If a party withholds or deliberately fails to produce evidence, the judge may decline to consider that evidence during the trial. Finally, the court can set a new trial date or allow the party that was harmed by the discovery violation to gain a “default” judgment against the other party. This judgment can award damages, costs, or attorney fees to the harmed party. In Virginia, the court is given broad discretion when it comes to punishing discovery violations. The court has the power to craft remedies that can dissuade parties from violating the rules in the future.

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