{"data":{"id":"us/17-cfr-12.35","jurisdiction":"us","citation":"17 CFR 12.35","heading":"Consequences of a party's failure to comply with a discovery order.","body":"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:\n(a) Infer that the documents or things not produced would have been adverse to the party;\n(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;\n(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;\n(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;\n(e) Dismiss the entire proceeding with prejudice to matters alleged in the complaint, but without prejudice to counterclaims; and\n(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.","path":["Title 17—Commodity and Securities Exchanges","CHAPTER I—COMMODITY FUTURES TRADING COMMISSION","PART 12—RULES RELATING TO REPARATIONS","Subpart B—Discovery"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-17.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:31Z","sha256":"cf7587aa39b8164d3644556583e81481d93f321ed4b3cfac16a7237c6cb64f6a","source_id":"us-cfr","stale":true,"prev":"us/17-cfr-12.34","next":"us/17-cfr-12.36"},"notice":"GroundRules: Original legal text. Not legal advice."}