|(a) Certificate for disputes. All discovery motions concerning
a discovery dispute shall contain a certificate by the movant that efforts
to resolve the discovery dispute without the necessity of intervention have
been attempted and failed.
(b) Compelling discovery. Upon reasonable notice to all party
representatives and affected persons, a party may apply to the judge for an
order compelling discovery. A party may not request sanctions without first
obtaining an order compelling discovery.
(c) Sanctions. If a party fails to comply with proper discovery
requests or to obey an order compelling discovery, the judge may, after opportunity
for hearing, make orders in response to the failure, including:
(1) disallow any further discovery of any kind or a particular
kind for the non-compliant party;
(2) rule that particular facts shall be regarded as established
for purposes of the proceeding; or
(3) disallow presentation by the non-compliant party of
evidence on issues that were the subject of the discovery request.
(d) Costs. Costs as a discovery sanction may not be imposed
except as specifically provided under §29.24(d) of this title (relating
to Discovery-General) and §29.29 of this title (relating to Proof of
Attorney's Fees, Costs, and Expenses of the Department).