17 CFR § 12.35 - Consequences of a party's failure to comply with a discovery order.

---
identifier: "/us/cfr/t17/s12.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 12.35 - Consequences of a party's failure to comply with a discovery order."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "12.35"
section_name: "Consequences of a party's failure to comply with a discovery order."
chapter_name: "COMMODITY FUTURES TRADING COMMISSION"
part_number: "12"
part_name: "RULES RELATING TO REPARATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 2(a)(12), 12a(5), and 18."
regulatory_source: "49 FR 6621, Feb. 22, 1984, unless otherwise noted."
cfr_part: "12"
---


# 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, 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 and 12.23 of these rules.

[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64356, Nov. 18, 2021]