Legal Question in Civil Litigation in California

It depends. Courts have the power to make local rules. The court has authority under local rules, promulgated pursuant to Code of Civil Procedure section 575.2, to strike a pleading, dismiss the action, enter a judgment by default, or impose other penalties of a lesser nature, upon motion of the court or on motion of a party. (Code of Civ. Proc., � 575.2 subd (a).)

A trial court, however, does not have the authority under a local rule to impose a penalty on a party when the failure to comply with the rules is the fault of a party�s attorney. �It is the intent of the Legislature that if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party�s cause of action or defense thereto.� (Code of Civ. Proc., � 575.2 subd. (b).)

If the party is representing themself, the court could impose a sanction by prohibiting introduction of undesignated exhibits at trial. If they are represented by an attorney, however, the court is supposed to issue sanctions against the attorney, and not punish the party. Any evidentiary exclusion in violation of Code of Civil Procedure section 575.2 for the party's attorney's violation is likely to be reversed on appeal.