Sanctions.

CFR · 2024-01-01 · US · Title 12

(a) (1) Constitutes contemptuous conduct; (2) Has in a material way injured or prejudiced some other party in terms of substantive injury, incurring additional expenses including attorney's fees, prejudicial delay, or otherwise; (3) Is a clear and unexcused violation of an applicable statute, regulation, or order; or (4) Has unduly delayed the proceeding. (b) (1) Issuing an order against the party; (2) Rejecting or striking any testimony or documentary evidence offered, or other papers filed, by the party; (3) Precluding the party from contesting specific issues or findings; (4) Precluding the party from offering certain evidence or from challenging or contesting certain evidence offered by another party; (5) Precluding the party from making a late filing or conditioning a late filing on any terms that are just; and (6) Assessing reasonable expenses, including attorney's fees, incurred by any other party as a result of the improper action or failure to act. (c) (1) That the delay resulted solely or principally from the conduct of the FDIC enforcement counsel; (2) That the conduct of the FDIC enforcement counsel is unexcused; (3) That the moving respondent took all reasonable steps to oppose and prevent the subject delay; (4) That the moving respondent has been materially prejudiced or injured; and (5) That no lesser or different sanction is adequate. (d) (2) No sanction, other than refusing to accept late papers, authorized by this section shall be imposed without prior notic

official document · source cfr-2024 · id 12:§ 308.108