What are the remedies for discovery violations?

In Kansas, when a party fails to comply with the discovery rules set forth in the Kansas Rules of Civil Procedure, the other side may pursue remedies. Some of these remedies can be imposed by the court, while others are enforced through a motion to the court for relief. One such remedy is to grant an order to compel the opposing party to answer interrogatories or provide requested discovery material. In addition, the court may order sanctions, which may include the payment of expenses incurred by the other party, striking the pleadings of the party not complying with the discovery rules, or other sanctions including an order or judgment against the non-complying party. A party may also seek a dismissal of the case if the non-compliance with discovery rules is so egregious that it prevents the other party from making a valid legal claim. This remedy is usually sought as a last resort. Finally, when appropriate, a party may file a motion to modify the discovery order, which could allow the alleged violator to answer the interrogatory and provide the requested evidence. This may be much less extreme than other remedies. These are just some of the remedies available for discovery violations in Kansas. Ultimately, the court will decide the appropriate remedy for a particular case.

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