US Laws, Codes, Statutes & Cases

 
    §  8-118  Noncompliance  with  discovery  order  or  order relating to
  records.   Whenever a party  fails  to  comply  with  an  order  of  the
  commission   pursuant  to  section  8-117  of  this  chapter  compelling
  discovery or an order pursuant to section 8-114 of this chapter relating
  to records the commission may, on its own motion or at  the  request  of
  any party, and, after notice and opportunity for all parties to be heard
  in opposition or support, make such orders or take such action as may be
  just  for the purpose of permitting the resolution of relevant issues or
  disposition of the complaint without unnecessary  delay,  including  but
  not limited to:
    (a)  An  order  that  the matter concerning which the order compelling
  discovery or relating to records was issued be established adversely  to
  the claim of the noncomplying party;
    (b)  An  order  prohibiting  the  noncomplying  party from introducing
  evidence or testimony, cross-examining witnesses or otherwise supporting
  or opposing designated claims or defenses;
    (c) An order striking out pleadings or parts thereof;
    (d) An order that the noncomplying party may not be heard to object to
  the introduction and use of secondary evidence to show what the withheld
  testimony, documents, other evidence  or  required  records  would  have
  shown; and
    (e)  Infer  that  the material or testimony is withheld or records not
  preserved, made, kept, produced or made available for inspection because
  such material, testimony or records would prove to be unfavorable to the
  noncomplying party and use such inference to establish facts in  support
  of a final determination pursuant to section 8-120 of this chapter.