Rule 76.2.Sanctions for Failure to Participate in a Court Proceeding

Rule 65 sanctions discovery failures and Rule 71 covers noncompliance with the rules generally. Rule 76.2 targets a narrower thing: not showing up, or showing up unready.

The four grounds

In a pre-judgment or post-judgment proceeding, on motion or its own initiative, the court may sanction a party or attorney who:

• fails to obey a scheduling or pretrial order;
• fails to appear at an initial conference, a resolution management conference, a scheduling conference, an evidentiary hearing, a trial, or other scheduled hearing;
• is substantially unprepared to participate; or
• fails to participate in good faith in a conference, hearing or trial, or in preparing a resolution statement, scheduling statement, or pretrial statement.

The last two are what make this rule distinct. Appearing is not enough -- arriving without having done the work, or filing a resolution statement in bad faith, is independently sanctionable.

The sanctions

Absent good cause, the court may direct that designated facts be taken as established; prohibit the party from supporting or opposing designated arguments or introducing designated matters; strike pleadings; stay proceedings until the order is obeyed; dismiss the action in whole or in part; render a default judgment; or schedule a contempt proceeding.

The dismissal carve-out here is broader than Rule 65's. Rule 65(b)(1)(E) protects against dismissal contrary to the best interests of a child. Rule 76.2(b)(5) protects against dismissal contrary to the best interests of a child or the compliant party -- so a party who did everything right cannot be harmed by the dismissal of a case the other side neglected.

Fees, and the defense

Instead of or in addition, the court may order the disobedient party, the attorney, or both, to pay reasonable expenses -- including attorney fees, an assessment to the clerk, or both. As under Rules 65 and 71, no award if the noncompliance was substantially justified or other circumstances make it unjust.

Rule 51(e) cross-references this rule for obstructionist discovery conduct, so a single course of behavior can be reached under either. The rule was amended effective January 1, 2026.