Rule 15

Model Rules for Lawyer Disciplinary Enforcement

  1. Scope. Within [twenty] days following the filing of an answer, disciplinary counsel and respondent shall exchange the names and addresses of all persons having knowledge of relevant facts. Within [sixty] days following the filing of an answer, disciplinary counsel and the respondent may take depositions in accordance with [appropriate state rule of civil procedure], and shall comply with reasonable requests for (1) non-privileged information and evidence relevant to the charges or the respondent, and (2) other material upon good cause shown to the chair of the hearing committee [board].

  2. Resolution of Disputes. Disputes concerning discovery shall be determined by the chair of the hearing committee [board] before which the matter is pending. All discovery orders by the chair are interlocutory and may not be appealed prior to the entry of the final order.

  3. Civil Rules Not Applicable. Proceedings under these rules are not subject to the [state rules of civil procedure] regarding discovery except those relating to depositions and subpoenas.

    Commentary
    Liberal exchanges of non-privileged information should be encouraged, since they facilitate the trial of the charges. However, because a skillful advocate can convert unlimited discovery into a tool for delay, the time for discovery should be limited. An order regarding discovery should be interlocutory and should not be appealable prior to entry of a final order in the proceeding.


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