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CFTC Rule 12.35

Delineates the consequences of a party's failure to comply with an order compelling discovery.

Rule Overview

Jurisdiction: United States

Regulator: CFTC

Topic: Discovery

Overview
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On the motion of a party or an independent official motion action possible can include (but is not limited to):

CFTC Rule 12.35(a)
an inference that the documents not produced would have been adverse to the party
CFTC Rule 12.35(b)
for the purposes of the proceeding the information in or content of the documents are established as adverse to the party
CFTC Rule 12.35(c)
preclude any objections to the introduction of secondary evidence introduced to show what the withheld documents would have shown
CFTC Rule 12.35(d)
strike the pleading or motion by the party to which the order for production is related
CFTC Rule 12.35(e)
dismiss the entire proceeding with prejudice to matters alleged in the complaints, but without prejudice to counterclaims
CFTC Rule 12.35(f)
issue a default order and render a decision against the party 
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