Because three recent decisions are informative regarding practical questions counsel may encounter from time to time, we report them here. First, we set out the questions; then we answer each seriatim, in light of the recent decision suggesting the response.
Question 1. Rule 37 of the Federal Rules of Civil Procedure is titled, “Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.” Rule 37(c) deals with “Failure to Disclose, to Supplement an Earlier Response, or to Admit.” Rule 37(c) specifies a variety of sanctions the court may impose for discovery infractions. The question is whether Rule 37(c) sanctions can be imposed upon the lawyers as well as the errant parties for discovery misconduct.
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