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Section 5. Failure of party to attend or serve answers - Civil Procedure

Section 5. Failure of party to attend or serve answers of Civil Procedure. Section 5. Failure of party to attend or serve answers. - If a party or an officer or managing agent of a party wilfully fails to appear before t

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Civil Procedure

Section 5. Failure of party to attend or serve answers. - If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper notice, or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories, the court on motion and notice, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, and in its discretion, order him to pay reasonable expenses incurred by the other, including attorney's fees. (5)

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