RULE 29 Section 5 PDF

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RULE 29, Section 5. Failure of party to attend or serve answers.

Possible failures to which the party may be into:

1. Willful failure to appear before the officer who is to take his or her deposition,
after being served with proper notice.

2. Failure to serve answers to interrogatories submitted under Rule 25 after proper


service of such interrogatories.

Actions which may be taken by the court upon motion and notice, due to any of the
above failure by the party:

1. Strike out all or any part of any pleading of that party;

2. Dismiss the action or proceeding or any part thereof;

3. Enter a judgment by default against that party.

In its discretion, the court may order the party in failure to pay reasonable expenses
incurred by the other, including attorney’s fees.

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