[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.35]

[Page 286]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
                           Subpart B_Discovery
 
Sec.  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 Sec.  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:
    (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 Sec. Sec.  12.22 and 
12.23 of these rules.