P.R. Laws Ap. tit. 32A, § III, Rule 34.2

2019-02-20 00:00:00+00
Rule 34.2. Failure to comply with order

(a) Contempt. — If a party refuses to be sworn or refuses to answer any question after being directed to do so by the court, the refusal may be considered a contempt of that court.

(b) Other consequences. — If a party, or an officer or managing agent of a party or a person designated under Rule 27.5 or 28 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under Rules 34.1 and 32, the court may make such orders in regard to the refusal as are just, and among others the following:

(1) An order that the matters included in the aforementioned orders or any other facts designated by the court shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matter in evidence;

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

(4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any of said orders except an order to submit to a physical or mental examination;

(5) Where a party has failed to comply with an order under Rule 32 requiring him to produce another person under his custody for examination, such orders as are listed in clauses (1), (2) and (3) of this subsection, unless the party failing to comply shows that he is unable to produce such person for examination.

(6) An order, under such conditions as the court may deem just, imposing an economic sanction on any party, witness, or attorney as a result of his conduct.

(c) In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the expenses incurred, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that under the circumstances an award of expenses would be unjust.