LegalFix

§ 498.214 - Sanctions.

Copy with citation
Copy as parenthetical citation

The ALJ may sanction a person, including any party or attorney, for:

Failing to comply with an order or procedure;

Failing to defend an action; or

Misconduct that interferes with the speedy, orderly or fair conduct of the hearing.

Such sanctions will reasonably relate to the severity and nature of the failure or misconduct. Such sanction may include—

In the case of refusal to provide or permit discovery under the terms of this part, drawing negative factual inferences or treating such refusal as an admission by deeming the matter, or certain facts, to be established;

Prohibiting a party from introducing certain evidence or otherwise supporting a particular claim or defense;

Striking pleadings, in whole or in part;

Staying the proceedings;

Dismissal of the action; or

Entering a decision by default.

In addition to the sanctions listed in paragraph (b) of this section, the ALJ may:

Order the party or attorney to pay attorney's fees and other costs caused by the failure or misconduct; or

Refuse to consider any motion or other action that is not filed in a timely manner.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 498.214 - Sanctions.