Rule 37.02.Failure to comply with order.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 37.02 authorizes sanctions — from contempt to deeming facts established, barring claims or defenses, striking pleadings, staying the case, or entering default judgment — against a party or witness who disobeys a court order compelling discovery or a physical or mental examination, plus mandatory payment of the other side's expenses.

Full Text of Rule 37.02

Text sizeJump to: (1) (2) (3)

(1) Sanctions by Court in Judicial District 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 judicial district 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 Rule 30.02 (6) or 31.01 (2) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under Rule 37.01 or Rule 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;

(e) Where a party has failed to comply with an order under Rule 35.01 requiring him to produce another for examination, such orders as are listed in subparagraphs (a), (b) and (c) of this paragraph (2), unless the party failing to comply shows that he is unable to produce such person for examination.

(3) Expenses on Failure to Obey Order. 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.

End

Amendment History

(Amended effective October 1, 1971; amended October 18, 1977, effective January 1, 1978.)

Plain-English Summary

Rule 37.02 covers what happens after a party ignores a court's discovery order. If the disobedience happens during a deposition and the court supervising that deposition directed the witness to answer, the failure can be treated as contempt of that court. If the disobedience is a failure to obey a broader discovery order — including an order compelling discovery under Rule 37.01 or an order for a physical or mental examination under Rule 35 — the court where the case is pending has a menu of sanctions to choose from.

Those sanctions include treating disputed facts as established against the disobedient party, barring that party from supporting or opposing certain claims or defenses, striking pleadings, staying the case until the order is obeyed, dismissing the action, entering a default judgment, or holding the party in contempt. Contempt is not available as a sanction for refusing to submit to a physical or mental examination. When the failure is refusing to produce someone for a Rule 35 examination, the court can use the same fact-establishing, claim-barring, or pleading-striking sanctions, unless the disobedient party shows it could not produce that person. Beyond whichever sanction the court chooses, the rule requires the disobedient party or its attorney, or both, to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds the failure was substantially justified or an award would be unjust.

Frequently Asked Questions

What happens if a party ignores a Kentucky court order to produce documents or answer discovery?

Rule 37.02(2) lets the court where the case is pending choose from a list of sanctions, including deeming facts established, barring the party from supporting certain claims or defenses, striking pleadings, staying the case, dismissing it, or entering a default judgment.

Can a Kentucky court dismiss my case for not following a discovery order?

Yes. Rule 37.02(2)(c) lists dismissing the action or proceeding, in whole or in part, among the sanctions available for failing to obey a discovery order.

Is contempt available if I refuse a court-ordered medical examination?

No. Rule 37.02(2)(d) specifically excludes contempt as a sanction for failing to obey an order to submit to a physical or mental examination, though other sanctions under the rule may still apply.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 37.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: sanctions for violating discovery orderdefault judgment for discovery violationcontempt for not answering depositiondismissal for discovery abuserefusing court ordered medical examstriking pleadings discovery sanction