Rule 23 - Refusal to Comply With Rules or OrdersThe consequences of refusal to comply with rules or orders relating to discovery or pre-trial conferences shall be as follows:
(a) Refusal to Answer. If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on notice to all persons affected thereby, he may move the court for an order compelling an answer. If a party or other deponent refuses to answer any written question upon the taking of his deposition or if a party fails to answer any interrogatory served upon him, the proponent of the question or interrogatory may on like notice move for an order compelling an answer. If the court finds that the refusal or failure was without substantial justification, the court shall require the offending party or deponent, or the party whose attorney advised the conduct complained of, or either of them, to pay to the aggrieved party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied and the court finds that the motion was made without substantial justification, the court shall require the moving party to pay to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees.(b) Expenses on Refusal to Admit. If a party, after being served with a request to admit the genuineness of any documents or the truth of any matters of fact, serves a sworn denial thereof, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter of fact, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making the proof, including reasonable attorney's fees. Unless the court finds that there were good reasons for the denial or that the admissions sought were of no substantial importance, the order shall be made.(c) Failure to Comply with Order or Rules. If a party or any person at the instance of or in collusion with a party, unreasonably refuses to comply with any provision of these rules, or fails to comply with any order entered under these rules , the court, on motion, may enter, in addition to remedies elsewhere specifically provided, such orders as are just, and among others; that the offending party be debarred from filing any other pleading; that he be debarred from maintaining any particular claim, or defense with respect to which discovery is sought; that any further proceedings be stayed pending compliance; that a witness be barred from testifying; that a judgment by default be entered against the offending party or that the petition be dismissed with or without prejudice; or that all or any part of the pleadings be stricken and judgment rendered on the remaining pleadings in the case. In lieu of or in addition to the foregoing, the court may order that the offending party or his attorney pay the reasonable expenses, including attorney's fees, incurred by any party as a result of the misconduct, and by contempt proceedings compel obedience by any party or person to any subpoena issued or order entered under said rules.(d) Abuse of Discovery Procedures. The court may order that information obtained through abuse of discovery procedures be suppressed. If a party wilfully obtains or attempts to obtain information by an improper discovery method, wilfully obtains or attempts to obtain information to which he is not entitled, or otherwise abuses these discovery rules, the court may enter any order provided for in paragraph (c) of this rule.Okla. Stat. tit. 5A , app 7 R. 23
Adopted by Order NO. C.J.T.D.-2 on December 28, 1966, effective 1/1/1967.