Failure to disclose sanctions: The court may...

• A. May order payment of the reasonable expenses caused by failure
• B. Must dismiss the case
• C. Must grant the motion to compel
• D. Cannot impose any sanctions

Answer: (A)

When a party fails to disclose as required in discovery, the court has authority to sanction the violation. The most directly applicable remedy is ordering the disclosing party to pay the other side’s reasonable expenses caused by the failure, including attorney’s fees. This sanction targets the concrete costs the other side incurred because the disclosure wasn’t made, and it serves to deter future noncompliance. It isn’t mandatory to dismiss the case or to grant a motion to compel in every situation, and the court can impose other sanctions in appropriate circumstances, but the earned and commonly used remedy for failure to disclose is reimbursement of the affected party’s reasonable expenses.