Under Rule 37(c) which of the following could be a sanction?

• A. Excluding evidence
• B. Granting a new trial
• C. Dismissing the case
• D. Awarding attorney fees guaranteed to the plaintiff

Answer: (A)

Rule 37(c) targets failures to disclose or supplement information as required by Rule 26. When a party withholds required disclosures, the typical sanction is to exclude the undisclosed evidence or witness from use at trial, unless the failure is harmless or substantially justified. This exclusion protects the discovery process and prevents a party from gaining an unfair advantage through late disclosures. The other options aren’t standard sanctions under this rule: a new trial is a post-trial remedy for trial errors, not a discovery sanction; dismissal is usually tied to broader or ongoing discovery abuses under different provisions; and while the rule can require reasonable expenses caused by the failure, it does not automatically award a guaranteed attorney fee to the plaintiff. So excluding evidence is the best answer.