43 C.F.R. § 4.831

Current through November 30, 2024
Section 4.831 - Sanctions
(a) A party, upon reasonable notice to other parties and all persons affected thereby, may move for an order as follows:
(1) If a deponent fails to answer a question propounded or submitted under § 4.827(c) , or a corporation or other entity fails to make a designation under § 4.827(b)(3) , or a party fails to answer an interrogatory submitted under § 4.829 , or if a party, under § 4.830 fails to respond that inspection will be permitted or fails to permit inspection, the discovering party may move for an order compelling an answer, a designation, or inspection.
(2) An evasive or incomplete answer is to be treated as a failure to answer.
(b) If a party or an agent designated to testify fails to obey an order to permit discovery, the administrative law judge may make such orders as are just, including:
(1) That the matters regarding which the order was made or any other designated facts shall be established in accordance with the claim of the party obtaining the order;
(2) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence.
(c) If a party or an agent designated to testify fails after proper service
(1) to appear for his deposition,
(2) to serve answers or objections to interrogatories submitted under § 4.829 or
(3) to serve a written response to a request for inspection, submitted under § 4.830 , the administrative law judge on motion may make such orders as are just, including those authorized under paragraphs (b) (1) and (2) of this section.

43 C.F.R. §4.831