17 C.F.R. § 12.35 Consequences of a party's failure to comply with a discovery order.
Title 17 - Commodity and Securities Exchanges
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: (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.
Title 17: Commodity and Securities Exchanges
PART 12—RULES RELATING TO REPARATIONS
Subpart B—Discovery
§ 12.35 Consequences of a party's failure to comply with a discovery order.
