§12.35. Consequences of a party's failure to comply with a discovery order.
17 C.F.R. § 12.35
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:
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.
Notes, amendments, and revision history
Amendments
[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64356, Nov. 18, 2021]
Authority
Authority: 7 U.S.C. 2(a)(12), 12a(5), and 18.
Source
Source: 49 FR 6621, Feb. 22, 1984, unless otherwise noted.
Amendments
[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64356, Nov. 18, 2021]