Degen v. United States, 517 U.S. 820, 8 (1996)

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Cite as: 517 U. S. 820 (1996)

Opinion of the Court

Second, the court can exercise its discretion to manage the civil litigation to avoid interference with the criminal case. If, for instance, the Government were unable to rebut Degen's arguments except by revealing confidential details of the criminal investigation, the court could consider controlling or limiting the form of proof, or in an extreme case even the theories it permits the absent party to pursue, to prevent him from exploiting the asymmetries he creates by participating in one suit but not the other.

Third, of course, Degen's absence entitles him to no advantage. If his unwillingness to appear in person results in noncompliance with a legitimate order of the court respecting pleading, discovery, the presentation of evidence, or other matters, he will be exposed to the same sanctions as any other uncooperative party. A federal court has at its disposal an array of means to enforce its orders, including dismissal in an appropriate case. Again, its powers include those furnished by federal rule, see, e. g., Fed. Rules Civ. Proc. 37, 41(b); National Hockey League v. Metropolitan Hockey Club, Inc., 427 U. S. 639 (1976) (per curiam); Societe Internationale pour Participations Industrielles et Commerciales, S. A. v. Rogers, 357 U. S. 197, 212 (1958); cf. United States v. Pole No. 3172, 852 F. 2d 636, 641-642 (CA1 1988), and by inherent authority, see, e. g., Chambers v. NASCO, Inc., 501 U. S., at 44-45; Link v. Wabash R. Co., 370 U. S., at 630-633; Woodson v. Surgitek, Inc., 57 F. 3d 1406, 1416-1417 (CA5 1995); Zebrowski v. Hanna, 973 F. 2d 1001, 1006 (CA1 1992) (Breyer, C. J.).

The details of these steps are committed to the discretion of the District Court; it would be premature to consider now the precise measures the court should adopt as the case proceeds. The existence of these alternative means of protecting the Government's interests, however, shows the lack of necessity for the harsh sanction of absolute disentitlement. Consideration of some of Degen's defenses, such as the statute of limitations, appears to require little discovery. If

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