- 17 - party's failure to comply with a court's discovery orders. In interpreting and applying this Court's discovery rules, we normally look for guidance to court decisions interpreting their counterparts in the FRCP. See Rosenfeld v. Commissioner, 82 T.C. 105, 116-117, 120 (1984); Owens-Illinois, Inc. v. Commissioner, 76 T.C. 493, 495-496 (1981); Zaentz v. Commissioner, 73 T.C. 469, 473-474 (1979). Under FRCP 37(b)(2), once it has been shown that a party has not complied with a court's discovery order, sanctions are appropriate. Societe Internationale v. Rogers, 357 U.S. 197, 206-208 (1958). However, inasmuch as dismissal is one of the most severe sanctions available under FRCP 37(b)(2), it is reserved for the most egregious cases where a party's conduct clearly warrants it. See, e.g., Marshall v. Segona, 621 F.2d 763, 767-768 (5th Cir. 1980); Jones v. Louisiana State Bar Association, 602 F.2d 94, 97 (5th Cir. 1979); see also Dusha v. Commissioner, supra at 605. In Societe Internationale v. Rogers, supra, the Supreme Court construed FRCP 37(b)(2). Because of due process concerns, the Supreme Court held that dismissal was improper where the party's failure to comply was "due to inability, and not to willfulness, bad faith, or any fault of * * * [the party]." Id. at 212. However, if willfulness, bad faith, or other fault is present, dismissal may be appropriate even though there has beenPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011