As amended through November 5, 2024
Rule 221 - Subpoena, Oaths, Discovery and Depositions(a)Subpoena.(1) At the request of the Applicant in any show cause hearing conducted under Rule 215, the hearing officer, Bar Counsel or any member of the Board may issue subpoenas consistent with I.R.Civ.P. 45.(2) In any show cause hearing or investigation under the Admission Rules, Bar Counsel may issue subpoenas consistent with I.R.Civ.P. 45.(3) The President of the Board shall enforce the attendance and testimony of any subpoenaed witness, production of subpoenaed documents or any nonobedience of a subpoena as set forth in I.R.Civ.P. 45(h), and may impose any penalties for contempt provided by law or available to a district court under I.R.Civ.P 45(h).(4) The President of the Board may quash or modify the subpoena or condition compliance with the subpoena as set forth in I.R.Civ.P. 45(d), which decision is not appealable until the proceeding is concluded.(5) The subpoena process, witness fees and mileage fees shall be the same as those provided for in civil proceedings in the district courts in Idaho.(b)Oaths. Any member of the Board, the hearing officer or a court reporter may administer oaths or affirmations in a show cause hearing conducted under Rule 215. Bar Counsel or a court reporter may administer oaths or affirmations in any investigation under the Admission Rules or an examination under Rule 208.(c)Discovery.(1) Except as provided in subsection (d) below, in any show cause hearing conducted under Rule 215, discovery shall be permitted and governed as provided for in the Idaho Rules of Civil Procedure and as set forth in this rule.(2) Any discovery disputes shall be determined by the President of the Board or hearing officer and such discovery disputes shall be addressed and resolved as provided for in the Idaho Rules of Civil Procedure. Discovery orders or other interlocutory orders are not appealable until the proceeding is concluded.(d)Depositions. Depositions may not be taken in conjunction with any show cause hearing unless the witness qualifies as a witness whose deposition may be used at hearing under I.R.Civ.P. 32(a)(3). If a witness is deposed under those circumstances, the use of the deposition at the show cause hearing shall be governed by I.R.Civ.P. 32(a). Any dispute regarding a deposition shall be a discovery dispute and determined as set forth in subsection (c)(2) above.