Rudy Giuliani has been sanctioned under Rule 37 for numerous discovery violations in the Freeman v. Giuliani case. The Freeman case is a defamation case filed by Ruby Freeman, a Georgia election worker, who alleged that Giuliani defamed her in the press following the 2020 election. In July 2023, Giuliani conceded that he made false statements about the plaintiffs.
Rule 37 is used to obtain sanctions against parties that do not comply with discovery obligations. In Freeman, Giuliani was accused of failing to safeguard and produce electronically stored information (“ESI”). Under subsection (e) of Rule 37 a party is required to preserve ESI in anticipation of litigation. If a party fails to take reasonable steps to preserve the ESI, the opposing party may seek a variety of sanctions.
“Default judgment will be entered against Giuliani as a discovery sanction pursuant to Rules 37(e)(2)(C) and 37(b)(2)(a)(vi), holding him civilly liable on plaintiffs’ defamation, intentional infliction of emotional distress, civil conspiracy, and punitive damages claims, and Giuliani is directed to reimburse plaintiffs for attorneys’ fees and costs associated with the instant motion.”
Giuliani appears to have taken a strategic default and made a decision to withhold discovery materials. Given the amount of litigation against Giuliani it may be difficult for plaintiffs to collect from him.
Ed Clinton, Jr.
fedcivilprocedure 