Statute:

Penalties for refusal to comply with order or to disclose

ยง 3126. Penalties for refusal to comply with order or to disclose. If
any party, or a person who at the time a deposition is taken or an
examination or inspection is made is an officer, director, member,
employee or agent of a party or otherwise under a party's control,
refuses to obey an order for disclosure or wilfully fails to disclose
information which the court finds ought to have been disclosed pursuant
to this article, the court may make such orders with regard to the
failure or refusal as are just, among them:

1. an order that the issues to which the information is relevant shall
be deemed resolved for purposes of the action in accordance with the
claims of the party obtaining the order; or

2. an order prohibiting the disobedient party from supporting or
opposing designated claims or defenses, from producing in evidence
designated things or items of testimony, or from introducing any
evidence of the physical, mental or blood condition sought to be
determined, or from using certain witnesses; or

3. an order striking out pleadings or parts thereof, or staying
further proceedings until the order is obeyed, or dismissing the action
or any part thereof, or rendering a judgment by default against the
disobedient party.

CVP 3126 2014-09-22

Sections:

Article 3: JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
Section 301 Jurisdiction over persons, property or status
Section 302 Personal jurisdiction by acts of non-domiciliaries
Section 303 Designation of attorney as agent for service
Section 304 Method of commencing action or special proceeding
Section 305 Summons; supplemental summons, amendment
Section 306 Proof of service
Section 306-A Index number in an action or proceeding commenced in supreme or county court
Section 306-B Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause
Section 306-C Notice of commencement of action for personal injuries by recipient of medical assistance
Section 307 Personal service upon the state
Section 308 Personal service upon a natural person
Section 309 Personal service upon an infant, incompetent or conservatee
Section 310 Personal service upon a partnership
Section 310-A Personal service upon a limited partnership
Section 311 Personal service upon a corporation or governmental subdivision
Section 311-A Personal service on limited liability companies
Section 312 Personal service upon a court, board or commission
Section 312-A Personal service by mail
Section 313 Service without the state giving personal jurisdiction
Section 314 Service without the state not giving personal jurisdiction in certain actions
Section 315 Service by publication authorized
Section 316 Service by publication
Section 317 Defense by person to whom summons not personally delivered
Section 318 Designation of agent for service
Section 320 Defendant's appearance
Section 321 Attorneys
Section 322 Authority for appearance of attorney in real property action
Section 325 Grounds for removal
Section 326 Procedure on removal
Section 327 Inconvenient forum
Section 328 Assistance to tribunals and litigants outside the state

Search Decisions Citing Statute