DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 45-1561

Citation
Section 45-1561
Parent Document
Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction
DC (municipal)
Effective Date
1986-10-30
Original Source
https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

Other Sections in This Document (332)

Full Text

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Rule 37(a)(4) provides that, if a motion to compel is granted, "the court shall, after opportunity for hearing, require the party... 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...." Supra note 10. Thus, in the absence of substantial justification for a refusal to comply, "the award of expenses is mandatory against a party whose conduct necessitated a motion to compel discovery...." Merritt v. International Brotherhood of Boilermakers, 649 F.2d 1013, 1019 (5th Cir. 1981) (construing Fed.R.Civ.P. 37(a)(4)).[13]