Key Takeaways

  • Terminating sanctions are severe court penalties that can end a lawsuit or strike a party’s pleadings due to serious misconduct.
  • They are often imposed for willful discovery violations, such as destroying evidence, hiding documents, or ignoring court orders.
  • Courts generally use progressive sanctions first (monetary fines, issue sanctions, evidence sanctions) before imposing terminating sanctions.
  • Common consequences include dismissal of a plaintiff’s case or default judgment against a defendant.
  • Judges consider whether lesser sanctions would be ineffective before applying this ultimate remedy.

Term

Word; expression speech.

Terms or words are characters by which we announce our sentiments, and make known to others things with which we are acquainted. These must be properly construed or interpreted in order to understand the parties using them.

Contracts

This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement.

A term is either of right or of grace; when it makes part of the agreement and is expressly or tacitly included in it, it is of right when it is not part of the agreement, it is of grace; as if it is not afterwards granted by the judge at the requisition of the debtor.

Estates

The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like.

Practice

The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the Constitution of the court.

The whole term is considered as but one day so that the judges may at any time during the term, revise their judgments. In the computation of the term all adjournments are to be included. 9 Watts, R. 200. Courts are presumed to know judicially when their terms are required to be held by public law.

Terminating Sanctions in Legal Proceedings

In legal practice, terminating sanctions are the most serious consequence a court can impose for litigation misconduct. They effectively end the case by striking a party’s pleadings, dismissing claims, or entering a default judgment. Courts typically reserve these sanctions for extreme circumstances, such as:

  • Refusal to comply with discovery despite repeated court orders.
  • Destruction or concealment of evidence, also known as spoliation.
  • Pattern of abuse or bad faith litigation tactics designed to obstruct justice.

Before ordering terminating sanctions, judges usually consider less severe remedies such as:

  • Monetary sanctions (requiring payment of attorney’s fees or fines).
  • Issue sanctions (preventing a party from raising or contesting certain issues).
  • Evidence sanctions (excluding evidence or deeming certain facts established).

Only when these measures fail—or when misconduct is egregious—will a court dismiss the case or enter judgment against the offending party.

Examples of Terminating Sanctions

Courts may issue terminating sanctions in several ways, including:

  • Dismissal of the plaintiff’s claims when the plaintiff refuses to provide discovery responses or repeatedly disobeys court orders.
  • Default judgment against the defendant when the defendant destroys critical evidence or withholds key information.
  • Striking pleadings, which removes a party’s ability to contest the case.

For instance, if a company deliberately deletes emails relevant to litigation after being ordered to produce them, a court may enter judgment against the company. Similarly, repeated failure to appear for depositions can lead to dismissal of claims.

Judicial Standards and Limitations

Because terminating sanctions are severe, courts apply strict standards before imposing them. Judges often consider:

  1. Prejudice – Has the misconduct harmed the opposing party’s ability to present its case?
  2. Intent – Was the violation willful, reckless, or in bad faith?
  3. Alternative remedies – Would lesser sanctions suffice?

These factors ensure sanctions are proportional and not punitive beyond necessity. In most jurisdictions, terminating sanctions are viewed as a last resort to preserve fairness and the integrity of the court.

Frequently Asked Questions

  1. What are terminating sanctions in civil litigation?
    They are severe penalties where the court ends a case by dismissal, default judgment, or striking pleadings due to serious misconduct.
  2. When do courts impose terminating sanctions?
    Usually when a party willfully violates discovery obligations, destroys evidence, or repeatedly ignores court orders.
  3. What are alternatives to terminating sanctions?
    Courts often start with monetary fines, issue sanctions, or evidence sanctions before escalating to terminating sanctions.
  4. Can terminating sanctions be appealed?
    Yes. Because they are considered drastic, appellate courts often review whether the trial court abused its discretion.
  5. How can a party avoid terminating sanctions?
    By complying with discovery requests, respecting court deadlines, and avoiding intentional misconduct.

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