Section 16-1516. SANCTIONS FOR FAILURE TO MAKE DISCOVERY

 

1516.1If a party from whom discovery is sought fails to comply with the request, the Office of Adjudication, upon motion from the party seeking discovery, may issue an order compelling discovery.

 

1516.2The Office of Adjudication may grant or deny a motion to compel discovery, and in its discretion, award reasonable compensation to either party incurring expenses related to the motion or the discovery process.

 

1516.3If a party fails to honor an order to compel discovery, the Office of Adjudication may enter an order employing any of the following sanctions:

 

(a)Holding that the matters in regard to which the order to compel discovery was made, or any other designated facts are established, for the purposes of the action, in accordance with the claim of the party obtaining the order;

 

(b)Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him or her from introducing designated matters into evidence;

 

(c)Holding that, with respect to matters in regard to which the order to compel discovery was made or any other designated fact, inferences will be drawn adverse to the person or party refusing to obey the order to compel discovery;

 

(d)Striking out pleadings or parts thereof;

 

(e)Staying further proceedings until the order is obeyed;

 

(f)Dismissing the action or any part thereof; or

 

(g)Rendering a judgment against the disobedient party.

 

source

Final Rulemaking published at 33 DCR 6176, 6185 (October 10, 1986).