“A party is entitled to discover relevant admissible evidence and relevant information that ‘appears reasonably calculated to lead to the discovery of admissible evidence.’”(Sibley v. St. Albans Sch. (2016) 134 A.3d 789, 799 quoting Super. Ct. Civ. R. 26(b)(1).)
Super. Ct. Civ.R. 37(d) provides the authoritative basis for a motion to compel a deposition and states in pertinent part:
“If a party ... fails (1) to appear before the officer who is to take the deposition, after being served with a proper notice [...] the Court on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this Rule.” (Inter-Trade, Inc. v. CNPq-Conselho Nacional De Desenvolvimento Cientifico e Tecnologico, 761 A.2d 834, 838 n.4 [D.C. 2000] quoting Super. Ct. Civ.R. 37.)
“Rule 26(i) requires that ‘before filing any motion relating to discovery ... the affected parties or counsel must meet for a reasonable period of time in an effort to resolve the disputed matter.’” (Mizrahi v. Schwarzmann (1999) 741 A.2d 399, 405.)
“If the trial court grants a motion to compel discovery, then ‘the court must, after giving an opportunity to be heard, require the party ... whose conduct necessitated the motion ... to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees.’” (Tiger Steel Eng'g, LLC v. Symbion Power, LLC, 195 A.3d 793, 803 [D.C. 2018] quoting Super. Ct. Civ. R. 37 (a)(5)(A).)
“Rule 37(a)(4) provides that if a motion to compel is granted, the trial court shall assess fees against the losing party or deponent (or attorney advising the conduct that necessitates the motion) ‘ the court finds that the opposition to the motion was substantially justified.’” Spellman v. American Sec. Bank, N.A. (1990) 579 A.2d 151, 155 quoting Habib v. Thurston (1985) 517 A.2d 1, 8 [award of expenses mandatory absent showing of substantial justification].)
“A trial court has broad discretion in considering motions to compel discovery and may weigh a variety of factors in reaching a decision.” (Sibley v. St. Albans Sch. (2016) 134 A.3d 789, 799 citing Kay v. Pick (1998) 711 A.2d 1251, 1256.)
“A request may be denied if it is overly broad or is ‘not warranted by [the] facts and circumstances of the case.’” (Sibley, id., citing Phelan v. City of Mount Rainier (2002) 805 A.2d 930, 942–44.) “This court will reverse a trial court's decision only if it is ‘clearly unreasonable, arbitrary, or fanciful.’” (Sibley, citingKay, supra, 711 A.2d at 1256.)
“To warrant reversal of the trial court's denial of a motion to compel discovery, the movant must show both that the trial court abused its discretion and that the denial caused prejudice.” (Sibley, id., citing Franco v. District of Columbia (2012) 39 A.3d 890, 896.)
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