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Message: Federal Rule of Civil Procedure 37 authorizes sanctions

Federal Rule of Civil Procedure 37 authorizes sanctions

posted on Dec 04, 2007 07:52PM

There are penalties to be paid sometimes. I think Judge Ward knows who he is dealing with.

"Federal Rule of Civil Procedure 37 authorizes sanctions for failure to comply with discovery orders. This court may bar the disobedient party from introducing evidence, or it may direct that certain facts shall be “taken to be established for purposes of the action . . . .” Rule 37 also permits this court to strike claims from the pleadings and even to “dismiss the action . . . or render a judgment by default against the disobedient party.” Roadway Express, Inc. v. Piper, 447 U.S. 752, 763 (1980). “Rule 37 sanctions must be applied diligently both ‘to penalize those whose conduct may be deemed to warrant such a sanction, [and] to deter those who might be tempted to such conduct in the absence of such a deterrent.’” Id.. at 763-64"

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