Penalty for minor breaches: limited where breaches are trivial; proportionality, hearing and voluntary disclosure mitigate sanctions. No penalty shall be imposed for minor breaches or documentation errors that are easily rectifiable and made without fraud or gross negligence; penalties must be commensurate with facts and severity, an opportunity to be heard must be given, orders must specify the breach and applicable provision, voluntary pre-discovery disclosure may mitigate penalty, and the rules do not apply to penalties expressed as a fixed sum or fixed percentage.
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Penalty for minor breaches: limited where breaches are trivial; proportionality, hearing and voluntary disclosure mitigate sanctions.
No penalty shall be imposed for minor breaches or documentation errors that are easily rectifiable and made without fraud or gross negligence; penalties must be commensurate with facts and severity, an opportunity to be heard must be given, orders must specify the breach and applicable provision, voluntary pre-discovery disclosure may mitigate penalty, and the rules do not apply to penalties expressed as a fixed sum or fixed percentage.
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