• Such a sanction is rarely ordered, and is usu. preceded by orders of lesser sanctions that have not been complied with or that have not remedied the problem. — Often shortened to death penalty. [Cases: Federal Civil Procedure 1278; Pretrial Procedure 46. C.J.S. Discovery § 31.]
death penalty sanction
Civil procedure. A court’s order dismissing the suit or entering a default judgment in favor of the plaintiff because of extreme discovery abuses by a party or because of a party’s action or inaction that shows an unwillingness to participate in the case.