LegalFix
Sign In

§ 12.35 - Consequences of a party's failure to comply with a discovery order.

Copy with citation
Copy as parenthetical citation

If a party fails to comply with an order compelling discovery, or an order issued pursuant to § 12.34, the official assigned to render the decision in the case may, upon motion by a party or on his own motion, take such action in regard thereto as is just, including but not limited to the following:

Infer that the documents or things not produced would have been adverse to the party;

Rule that for the purposes of the proceeding the information in or contents of the documents or things not produced be taken as established adversely to the party;

Rule that the party may not be heard to object to introduction and use of secondary evidence to show what the withheld documents or other evidence would have shown;

Rule that a pleading, or part of a pleading, or a motion or other submission by the party, to which the order for production related, be stricken;

Dismiss the entire proceeding with prejudice to matters alleged in the complaint, but without prejudice to counterclaims; and

Issue a default order and render a decision against the party, whose rights shall thereafter be determined by §§ 12.22 and 12.23 of these rules.

Previous Section
§ 12.34 - Discovery by a decisionmaking official.
Next Section
§ 12.36 - Subpoenas to compel discovery.