Rule 56(h) sanctions describe what potential consequences?

• A. Court may order the party to pay the reasonable expenses including attorney's fees or may be held in contempt or other appropriate sanctions if found in bad faith
• B. The court may always grant a new trial
• C. The court shall automatically dismiss the case
• D. The court may only impose fines

Answer: (A)

Rule 56(h) addresses sanctions for improper conduct in the summary judgment process. When a party or its counsel has acted in bad faith by making or supporting misrepresentations, or by failing to comply with proper evidentiary requirements in support of or opposition to a motion for summary judgment, the court has power to punish. The sanction described is to order the responsible party to pay the reasonable expenses incurred by the other side—including attorney’s fees—caused by that improper conduct. The court may also impose contempt or other appropriate sanctions if the bad faith conduct is proven. This reflects the aim of sanctions: deter abusive or misleading practices in rulings on summary judgment. The other options suggest automatic or narrow outcomes (a new trial, automatic dismissal, or only fines), which do not capture the discretionary, remedial nature of Rule 56(h) sanctions and the emphasis on bad faith and fee shifting.