Both motions to compel discovery or to compel disclosures require a certification of conference. My experience is that often opposing counsel don't take seriously your attempts to obtain discovery disputes without court interference until they receive a letter advising them that if the discovery is not forthcoming by a date certain, a Rule 37 motion to compel and for sanctions will follow. As with all discovery issues, courts have wide discretion regarding their rulings on motions to compel. The standard of review, abuse of discretion, is narrow, meaning that in most instances, appellate courts will affirm the court's ruling. Motion for Sanctions Violation of disclosure or discovery rules or orders can lead to sanctions.
Sanctions are the new growth sector in the discovery industry.
The trend seems to be shifting toward greater use of discovery sanctions. Courts are propelled by a desire to allow the parties to have their full day in court. They are, therefore, very weary of disposing of cases on grounds other than the merits. HYPO 1 Gilligan Enterprises Inc. filed a breach of contract claim against the Howell Corporation. After the parties exchange disclosures, Gilligan sends Howell a set of interrogatories seeking routine information about the details of Howell Corporation's company organization, such as the identity of officers and employees and the aspects of corporate affairs they are responsible for.