“The philosophy underlying modern discovery is that prior to trial, all data relevant to the pending controversy should be disclosed unless the data is privileged. The rationale for such disclosure is that controversies should be decided on their merits rather than upon tactical strategies.” (See Cabral v. Arruda (1989) 556 A.2d 47, 48; Brokaw v. Davol Inc., C.A. Nos. 07-5058, 07-4048, 07-1706, 07-3666, at *2 (R.I. Super. Dec. 8, 2008).)
“The discovery process affords Rhode Island litigants the ability to obtain information regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.” (See Triton Realty v. Essex Mutual Ins. Co., PC No. 03-2061, at *1 (R.I. Super. Mar. 23, 2006).)
“Rhode Island Rule of Civil Procedure 26(b)(1) states that, in general, the scope of discovery should be limited to matters relevant to the subject matter involved in the pending action[.]” (See LePore v. A.O. Smith Corp., C.A. No. PC-2012-1469, at *2 (R.I. Super. May 10, 2017).)
“Rhode Island Rule of Civil Procedure 37(a) (Rule 37(a)) allows a party—upon reasonable notice to other parties and persons affected—to apply for an order compelling discovery.” (See LePore v. A.O. Smith Corp., C.A. No. PC-2012-1469, at *2 (R.I. Super. May 10, 2017).)
“A discovering party may move for an order compelling discovery if a party fails to answer discovery submitted under Rule 34.” (See R.I. Super. R. Civ. P. 34. Berrios v. Jevic Transportation, C.A. No. PC 04-2390, at *11 (R.I. Super. Dec. 6, 2010).)
“In such a motion, a party may request that the Court either compel production of a document or that the Court compel an answer from a party via deposition. See Rule 37(a)(2).” (See LePore v. A.O. Smith Corp., C.A. No. PC-2012-1469, at *3 (R.I. Super. May 10, 2017).)
“The trial court is afforded broad discretion in handling discovery requests.” (See Pastore v. Samson (2006) 900 A.2d 1067, 1073-74; LePore v. A.O. Smith Corp., C.A. No. PC-2012-1469, at *2 (R.I. Super. May 10, 2017).)
“Rule 34 requires that a party produce discoverable documents in its "possession, custody or control.” (See R.I. Super. R. Civ. P. 34(a).) “Control however does not include making a search of all potential sources which might be able to provide documents.” (See Berrios v. Jevic Transportation, C.A. No. PC 04-2390, at *11 (R.I. Super. Dec. 6, 2010).)
“When reviewing a dispute over a request for production of documents, this Court may consider: (1) whether the party resisting discovery has identified documents it considers responsive; (2) whether the party resisting discovery has responded consistently to both the initial request for production and the Motion to Compel; (3) whether the party seeking discovery attempted to narrow its request; (4) whether the party resisting discovery tried to comply with the narrowed request; (5) whether the party seeking discovery has shown or raised a reasonable inference that responsive documents actually exist and are in the resisting party's possession, custody, or control; and (6) any other relevant factor.” (See Berrios v. Jevic Transp., Inc., C.A. No. PC 2004-2390, at *1 (R.I. Super. June 29, 2012).)
“Rule 37(b) provides the court with a smorgasbord of sanctions for situations in which the court is presented with a party's failure to comply with a discovery order pursuant to Rule 37(a). For example, certain refusals may be considered a contempt of court.” (See Rule 37(b)(1); Senn v. Surgidev Corp. (1994) 641 A.2d 1311, 1318.)
“Rule 37(a) provides that if a motion to compel discovery is granted, the court shall, after opportunity for hearing, require the party or deponent whose failure to answer adequately or otherwise to make discovery necessitated the motion, or the party or attorney advising such conduct, or both of them, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that opposition was substantially justified or that other circumstances make an award of expenses unjust.” (See Senn v. Surgidev Corp. (1994) 641 A.2d 1311, 1320.)
“R. Civ. P. Rule 37 provides that aggrieved parties, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery.” (See Rule 37(a).) “The motion must include certification "that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery.”
It is well settled that pursuant to Rule 37(b)(1)-(2) “Should the nonmoving party fail to comply with an order compelling discovery, Rule 37 itemizes the potential sanctions that the Court, in its discretion, can impose. The Court may hold the nonmoving party in contempt. Additionally, the Court may order that the facts at issue be deemed established thenceforth; preclude the disobedient party from either supporting or opposing the designated claims or defenses; strike out certain pleadings; or stay the proceeding until the order is obeyed.” (See Triton Realty v. Essex Mutual Ins. Co., PC No. 03-2061, at *1 (R.I. Super. Mar. 23, 2006).) It is also well settled that pursuant to Rule 37(b)(2) “If any party refuses to obey an order made under subdivision (a) of this rule requiring him or her to answer designated questions or to make discovery under Rule 34 or if a party refuses to answer designated questions after his or her objections thereto under Rule 30 have been overruled by the court, the Court may make such orders in regard to the refusal as are just, and among others the following: An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party.” (see Senn v. Surgidev Corp. (1994) 641 A.2d 1311, 1318.)The Court’s Decisions
Aug 21, 2023
Unassigned
Washington County
Washington County, RI
Jul 11, 2023
Unassigned
Washington County
Washington County, RI
Jun 29, 2023
Unassigned
Newport County
Newport County, RI
Jun 27, 2023
Unassigned
Washington County
Washington County, RI
Jun 26, 2023
Unassigned
Washington County
Washington County, RI
Jun 26, 2023
Unassigned
Washington County
Washington County, RI
Jun 13, 2023
Unassigned
Washington County
Washington County, RI
May 31, 2023
Unassigned
Washington County
Washington County, RI
May 25, 2023
Unassigned
Washington County
Washington County, RI
May 25, 2023
Unassigned
Washington County
Washington County, RI
May 18, 2023
Unassigned
Washington County
Washington County, RI
May 17, 2023
Unassigned
Washington County
Washington County, RI
May 15, 2023
Unassigned
Washington County
Washington County, RI
May 11, 2023
Dismissal
Providence County
Providence County, RI
May 11, 2023
Assigned
Washington County
Washington County, RI
May 10, 2023
Unassigned
Washington County
Washington County, RI
May 10, 2023
Dismissal
Providence County
Providence County, RI
May 09, 2023
Unassigned
Providence County
Providence County, RI
May 08, 2023
Unassigned
Providence County
Providence County, RI
May 08, 2023
Other
Providence County
Providence County, RI
May 08, 2023
Unassigned
Newport County
Newport County, RI
May 05, 2023
Unassigned
Providence County
Providence County, RI
May 04, 2023
Unassigned
Providence County
Providence County, RI
May 04, 2023
Dismissal
Providence County
Providence County, RI
May 04, 2023
Unassigned
Washington County
Washington County, RI
May 04, 2023
Unassigned
Providence County
Providence County, RI
May 03, 2023
Unassigned
Providence County
Providence County, RI
May 02, 2023
Dismissal
Providence County
Providence County, RI
May 02, 2023
Unassigned
Kent County
Kent County, RI
May 02, 2023
Unassigned
Washington County
Washington County, RI
May 01, 2023
Unassigned
Providence County
Providence County, RI
May 01, 2023
Dismissal
Providence County
Providence County, RI
Apr 27, 2023
Dismissal
Providence County
Providence County, RI
Apr 26, 2023
Dismissal
Providence County
Providence County, RI
Apr 26, 2023
Dismissal
Newport County
Newport County, RI
Apr 25, 2023
Unassigned
Providence County
Providence County, RI
Apr 25, 2023
Unassigned
Providence County
Providence County, RI
Apr 25, 2023
Active
Providence County
Providence County, RI
Apr 25, 2023
Dismissal
Providence County
Providence County, RI
Apr 25, 2023
Dismissal
Providence County
Providence County, RI
Apr 24, 2023
Dismissal
Providence County
Providence County, RI
Apr 21, 2023
Unassigned
Providence County
Providence County, RI
Apr 20, 2023
Unassigned
Providence County
Providence County, RI
Apr 20, 2023
Unassigned
Providence County
Providence County, RI
Apr 19, 2023
Unassigned
Providence County
Providence County, RI
Apr 19, 2023
Unassigned
Providence County
Providence County, RI
Apr 19, 2023
Unassigned
Providence County
Providence County, RI
Apr 18, 2023
Dismissal
Providence County
Providence County, RI
Apr 18, 2023
Unassigned
Providence County
Providence County, RI
Apr 17, 2023
Unassigned
Providence County
Providence County, RI
Apr 13, 2023
Dismissal
Providence County
Providence County, RI
Apr 13, 2023
Unassigned
Providence County
Providence County, RI
Apr 13, 2023
Unassigned
Providence County
Providence County, RI
Apr 12, 2023
Dismissal
Providence County
Providence County, RI
Apr 11, 2023
Unassigned
Providence County
Providence County, RI
Apr 11, 2023
Dismissal
Providence County
Providence County, RI
Apr 10, 2023
Dismissal
Providence County
Providence County, RI
Apr 10, 2023
Unassigned
Providence County
Providence County, RI
Apr 10, 2023
Unassigned
Providence County
Providence County, RI
Apr 10, 2023
Unassigned
Providence County
Providence County, RI
Apr 07, 2023
Dismissal
Providence County
Providence County, RI
Apr 07, 2023
Unassigned
Providence County
Providence County, RI
Apr 06, 2023
Unassigned
Providence County
Providence County, RI
Feb 20, 2023
Unassigned
Providence County
Providence County, RI
Dec 29, 2022
Unassigned
Providence County
Providence County, RI
Dec 19, 2022
Unassigned
Providence County
Providence County, RI
Dec 15, 2022
Unassigned
Providence County
Providence County, RI
Dec 05, 2022
Unassigned
Providence County
Providence County, RI
Dec 02, 2022
Unassigned
Kent County
Kent County, RI
Dec 02, 2022
Unassigned
Providence County
Providence County, RI
Nov 30, 2022
Unassigned
Providence County
Providence County, RI
Nov 23, 2022
Unassigned
Newport County
Newport County, RI
Nov 22, 2022
Unassigned
Providence County
Providence County, RI
Nov 18, 2022
Unassigned
Providence County
Providence County, RI
Nov 16, 2022
Unassigned
Kent County
Kent County, RI
Nov 14, 2022
Unassigned
Washington County
Washington County, RI
Nov 08, 2022
Unassigned
Kent County
Kent County, RI
Nov 08, 2022
Unassigned
Providence County
Providence County, RI
Nov 04, 2022
Active
Washington County
Washington County, RI
Nov 04, 2022
Unassigned
Providence County
Providence County, RI
Nov 03, 2022
Unassigned
Providence County
Providence County, RI
Nov 03, 2022
Unassigned
Newport County
Newport County, RI
Nov 02, 2022
Unassigned
Providence County
Providence County, RI
Nov 02, 2022
Active
Kent County
Kent County, RI
Nov 02, 2022
Unassigned
Providence County
Providence County, RI
Nov 01, 2022
Active
Providence County
Providence County, RI
Oct 31, 2022
Unassigned
Providence County
Providence County, RI
Oct 31, 2022
Unassigned
Providence County
Providence County, RI
Oct 28, 2022
Unassigned
Providence County
Providence County, RI
Oct 27, 2022
Unassigned
Providence County
Providence County, RI
Oct 27, 2022
Unassigned
Providence County
Providence County, RI
Oct 27, 2022
Unassigned
Providence County
Providence County, RI
Oct 27, 2022
Unassigned
Providence County
Providence County, RI
Oct 26, 2022
Active
Kent County
Kent County, RI
Oct 26, 2022
Unassigned
Providence County
Providence County, RI
Oct 25, 2022
Unassigned
Kent County
Kent County, RI
Oct 24, 2022
Unassigned
Providence County
Providence County, RI
Oct 24, 2022
Unassigned
Providence County
Providence County, RI
Oct 24, 2022
Unassigned
Providence County
Providence County, RI
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