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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-1. GENERAL RULES OF THE CONTRACT APPEALS BOARD |
Section 27-113. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS
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113.1Before any motion to compel discovery is filed, the affected parties or counsel must meet for a reasonable period of time in an effort to resolve the disputed matter. The movant shall include in any motion to compel discovery with a certification that despite a good faith effort to secure it, the discovery material sought has not been provided. This certification shall set forth specific facts describing the good faith effort, including a statement of the date, time, and place of the meeting required by this rule.
113.2If a party fails to obey an order to provide or permit discovery, the Board may make:
(a)An order that certain facts shall be taken to be established in accordance with the claim of the moving party;
(b)An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;
(c)An order striking pleadings, staying further proceedings until the order is obeyed, dismissing the case or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; or
(d)An order imposing such other sanctions as the Board deems appropriate.
113.3When the Board believes that the circumstances warrant either dismissing the case or rendering a default judgment against the disobedient party as a discovery sanction, it will issue an order to show cause pursuant to Rule 121.3.