N.Y. Comp. Codes R. & Regs. tit. 22 § 691.5-a

Current through Register Vol. 46, No. 51, December 18, 2024

Section 691.5-a - Formal disciplinary proceeding; subpoenas, depositions, and motions

In the event that a formal disciplinary proceeding pursuant to section 90 of the Judiciary Law or other provision of this part is commenced in this court against an attorney, the following shall apply:

(a) Subpoenas. Upon application by the petitioner or the respondent, the clerk of this court may issue subpoenas for the attendance of witnesses and the production of books and papers before the referee, justice, or judge designated by the court to conduct a hearing on the issues raised in the proceeding, at a time and place therein specified.

(b) Depositions. When there is good cause to believe that a potential witness will be unavailable at the time of a hearing, the testimony of that witness may be taken by deposition. Such a deposition shall be initiated and conducted in the manner provided by, and the use thereof at a hearing shall be in accordance with, the provisions of article 31 of the Civil Practice Law and Rules.

(c) Motions. Motions made during the course of a formal disciplinary proceeding shall be addressed to the court and shall be made and noticed in the manner provided in section 670.5 of this Title. The court may refer the motion to a referee, justice, or judge appointed by it to either hear and determine or hear and report on the same.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 691.5-a