What are the remedies for discovery violations?

In Washington, remedies for discovery violations are determined by the court. Discovery is the process by which parties in a civil case can obtain relevant information from each other. When a party violates the rules of discovery, the court may impose a variety of remedies. In general, the court will determine the type of remedy that best fits the violation. For example, a court may award monetary sanctions to another party who has been harmed by discovery violations in order to cover their costs associated with having to respond to the violation. The court may also order a party to comply with a discovery request or may even grant the party the ability to enter evidence that was improperly withheld due to the discovery violation. The court may also order a party to appear for an additional deposition and provide additional testimony. This could be used if the party was consistently uninformative in their answers during the deposition. Other remedies may include instructing the jury to use the evidence in a particular way or to treat a party’s failure to respond to discovery requests as an admission of another party’s claims. Ultimately, the court has wide discretion to determine which remedy best fits the situation and will consider the facts of the particular case before deciding which remedy is appropriate. It is important to note that remedies for discovery violations can include sanctions and criminal penalties as well.

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