Courts have graduated tools for discovery misconduct, applied roughly in proportion to culpability and prejudice.
Fee shifting. Payment of the expenses caused by the misconduct, the default remedy on a granted motion to compel unless the position was substantially justified.
Preclusion. Barring evidence, witnesses or claims that were not disclosed. Late disclosure is excused only where substantially justified or harmless, and the burden is on the disclosing party.
Adverse inference instructions. For lost electronically stored information, available only on a finding that the party acted with intent to deprive another of the information’s use. Negligent loss permits only measures no greater than necessary to cure the prejudice.
Deemed facts. Establishing designated facts as proved.
Terminating sanctions. Default or dismissal, reserved for wilful, repeated conduct where lesser sanctions have failed or would not suffice, and generally requiring an explicit finding to that effect.
Contempt for violation of an order.
Inherent authority supplements the rules for conduct they do not reach, requiring bad faith in most formulations.
Practical guidance. Courts respond to a documented pattern, not to a single frustrating exchange. A movant who has narrowed, conferred, and given the other side opportunities is in a materially better position.