Rule 37(a)(5) sanctions: If the motion is denied, the court may issue any protective order and if you lose the motion you pay the movant's reasonable expenses.

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Multiple Choice

Rule 37(a)(5) sanctions: If the motion is denied, the court may issue any protective order and if you lose the motion you pay the movant's reasonable expenses.

Explanation:
Rule 37(a)(5) sanctions hinge on what the court does with the discovery motion. If the court grants the motion, the party who resisted discovery must pay the movant’s reasonable expenses (including attorney’s fees) incurred in bringing the motion, unless there was an improper purpose or the circumstances make an award unjust. If the motion is denied, the court may issue a protective order under Rule 26(c) to safeguard against further discovery abuse. In this framework, the party who loses the motion may end up paying the movant’s reasonable expenses, and the court may also issue a protective order when the motion is denied. That combination—protective order on denial and potential expense shifting on grant—best captures what Rule 37(a)(5) provides.

Rule 37(a)(5) sanctions hinge on what the court does with the discovery motion. If the court grants the motion, the party who resisted discovery must pay the movant’s reasonable expenses (including attorney’s fees) incurred in bringing the motion, unless there was an improper purpose or the circumstances make an award unjust. If the motion is denied, the court may issue a protective order under Rule 26(c) to safeguard against further discovery abuse. In this framework, the party who loses the motion may end up paying the movant’s reasonable expenses, and the court may also issue a protective order when the motion is denied. That combination—protective order on denial and potential expense shifting on grant—best captures what Rule 37(a)(5) provides.

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