---
kind: "section"
citation: "17 C.F.R. § 12.35"
title: "17"
number: "12.35"
heading: "Consequences of a party's failure to comply with a discovery order."
url: "https://uscodex.org/cfr/17/12.35"
---

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


If a party fails to comply with an order compelling discovery, or an order issued pursuant to [§ 12.34](/cfr/17/12.34.md), 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](/cfr/17/12.22.md) and [12.23](/cfr/17/12.23.md) of these rules.

## Notes

### 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]