§ 12.35. Consequences of a party's failure to comply with a discovery order.
220 words·~1 min read·
/us/cfr/t17/s§ 12.35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 the official's own motion, take such action in regard thereto as is just, including but not limited to the following:
(a)Infer that the documents or things not produced would have been adverse to the party;
(b)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;
(c)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;
(d)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;
(e)Dismiss the entire proceeding with prejudice to matters alleged in the complaint, but without prejudice to counterclaims; and
(f)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. \[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64356, Nov. 18, 2021\]