§ 9-11-37.Failure to make discovery; motion to compel; sanctions; expenses

Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 1992 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-37 lets a party move to compel discovery when a deponent, interrogatory recipient, or document-request recipient stonewalls, shifts reasonable expenses (including attorney’s fees) to whichever side loses a motion to compel unless the losing position was substantially justified, authorizes escalating sanctions up to dismissal or default judgment for disobeying a discovery order, and separately lets a party recover the cost of proving up a fact that the other side wrongly refused to admit.

Full Text of § 9-11-37

Text sizeJump to: (a) (b) (c) (d)

(a) Motion for order compelling discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:

(1) Appropriate court. An application for an order to a party may be made to the court in which the action is pending or, on matters relating to a deposition, to the court in the county where the deposition is being taken. An application for an order to a deponent who is not a party shall be made to the court in the county where the deposition is being taken;

(2) Motion; protective order. If a deponent fails to answer a question propounded or submitted under Code Section 9-11-30 or 9-11-31, or a corporation or other entity fails to make a designation under paragraph (6) of subsection (b) of Code Section 9-11-30 or subsection (a) of Code Section 9-11-31, or a party fails to answer an interrogatory submitted under Code Section 9-11-33, or if a party, in response to a request for inspection submitted under Code Section 9-11-34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to subsection (c) of Code Section 9-11-26;

(3) Evasive or incomplete answer. For purposes of the provisions of this chapter which relate to depositions and discovery, an evasive or incomplete answer is to be treated as a failure to answer; and

(4) Award of expenses of motion.

(A) If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct 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 the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

(B) If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

(C) If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

(b) Failure to comply with order.

(1) Sanctions by court in county where deposition is taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the county in which the deposition is being taken, the failure may be considered a contempt of that court.

(2) Sanctions by court in which action is pending. If a party or an officer, director, or managing agent of a party or a person designated under paragraph (6) of subsection (b) of Code Section 9-11-30 or subsection (a) of Code Section 9-11-31 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subsection (a) of this Code section or Code Section 9-11-35, the court in which the action is pending may make such orders in regard to the failure as are just and, among others, the following:

(A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence;

(C) 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;

(D) In lieu of any of the foregoing orders, or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination; or

(E) Where a party has failed to comply with an order under subsection (a) of Code Section 9-11-35 requiring him to produce another for examination, such orders as are listed in subparagraphs (A), (B), and (C) of this paragraph, unless the party failing to comply shows that he is unable to produce such person for examination.

In lieu of any of the foregoing orders, or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him, or both, to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

(c) Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Code Section 9-11-36 and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. The court shall make the order unless it finds that the request was held objectionable pursuant to subsection (a) of Code Section 9-11-36, or the admission sought was of no substantial importance, or the party failing to admit had reasonable ground to believe that he might prevail on the matter, or there was other good reason for the failure to admit.

(d) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.

(1) If a party or an officer, director, or managing agent of a party or a person designated under paragraph (6) of subsection (b) of Code Section 9-11-30 or subsection (a) of Code Section 9-11-31 to testify on behalf of a party fails to appear before the officer who is to take his deposition, after being served with a proper notice, or fails to serve answers or objections to interrogatories submitted under Code Section 9-11-33, after proper service of the interrogatories, or fails to serve a written response to a request for inspection submitted under Code Section 9-11-34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just; and, among others, it may take any action authorized under subparagraphs (b)(2)(A) through (b)(2)(C) of this Code section. In lieu of any order, or in addition thereto, the court shall require the party failing to act or the attorney advising him, or both, to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

(2) The failure to act described in the provisions of this chapter which relate to depositions and discovery may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by subsection (c) of Code Section 9-11-26.

End

Plain-English Summary

A motion to compel discovery goes to the court where the action is pending, or, for a deposition dispute, to the court in the county where the deposition happens. It covers a deponent who won’t answer a question, an organization that won’t designate a representative to testify, a party who won’t answer an interrogatory, and a party who won’t permit inspection or respond to a production request — and for these purposes, an evasive or incomplete answer counts as no answer at all.

A fee-shifting rule runs through the whole section: whichever side loses a discovery motion generally pays the winner’s reasonable expenses, including attorney’s fees, unless the losing position was substantially justified or some other circumstance would make an award unjust. When a motion is granted in part and denied in part, the court may apportion expenses between the sides instead.

Once a court has ordered discovery and a party — or its officer, director, managing agent, or designated organizational witness — still won’t comply, the court can deem disputed facts established against that party, bar it from supporting or opposing designated claims or defenses, strike pleadings, stay the case, dismiss it, enter a default judgment, or treat the disobedience as contempt, mixing and matching sanctions as the situation calls for. Fee-shifting against the disobedient party or its attorney is mandatory alongside those sanctions, again unless the failure was substantially justified.

Two related tracks round out the section. A party who fails to show up for its own deposition, or fails outright to answer interrogatories or respond to an inspection request — as opposed to answering them badly — faces the same menu of sanctions and fee-shifting without a prior court order, though it can’t excuse the failure by arguing the discovery was objectionable unless it sought a protective order first. And separately, a party who denies a request for admission that the requesting party later proves true owes the reasonable expenses of that proof, including attorney’s fees, unless the denial is excused by an objection under Code Section 9-11-36, an admission of no substantial importance, a reasonable ground to believe the party might prevail on the matter, or some other good reason.

Frequently Asked Questions

What can a party do when the other side won’t answer an interrogatory or produce documents?

Move for an order compelling discovery in the court where the action is pending, or, for deposition disputes, in the county where the deposition is being taken.

Who pays the legal fees on a motion to compel discovery?

Generally the losing side — whether that’s the party who resisted discovery or the party who filed an unjustified motion — unless the losing position was substantially justified or an award would otherwise be unjust.

What can happen to a party who defies a court order compelling discovery?

Sanctions ranging from deeming facts established, barring claims or defenses, and striking pleadings, to staying or dismissing the case, entering a default judgment, or treating the failure as contempt.

What happens if I deny a request for admission and the other side later proves it true anyway?

The requesting party can recover the reasonable expenses, including attorney’s fees, of proving that fact, unless the denial is excused by a valid objection, the matter’s lack of substantial importance, a reasonable ground to believe the party might prevail, or another good reason.

Can I refuse to answer discovery just because I think it’s objectionable?

Not without consequence — the failure to act isn’t excused on that ground alone unless the party sought a protective order first.

Amendment History

Ga. L. 1966, p. 609, § 37; Ga. L. 1967, p. 226, § 18; Ga. L. 1970, p. 157, § 1; Ga. L. 1972, p. 510, § 10; Ga. L. 1984, p. 22, § 9; Ga. L. 1992, p. 6, § 9.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

Also known as: motion to compel discovery Georgiadiscovery sanctions Georgiaattorney fees discovery motion Georgiadefault judgment discovery violation Georgiafailure to attend deposition sanctions Georgia