Rule 525 - Additional Rules of Procedure(a)Nature of Proceedings. Disciplinary proceedings are neither civil nor criminal but are sui generis.(b)Rules of Civil Procedure. Except as specifically adopted or referred to in these Rules, the provisions of the Idaho Rules of Civil Procedure shall not apply in disciplinary cases. Hearing Committee chairs shall have the discretion to allow dispositive motions that would expedite resolution of any disciplinary matter.(c)Rules of Evidence. The rules of evidence, generally applicable in civil actions in the District Courts of this State, shall apply during the proceedings under these Rules; except as may be otherwise provided by these Rules.(d)Burden of Proof. Bar Counsel shall have the burden of proof in proceedings seeking discipline or transfer to disability inactive status. The Respondent shall have the burden of proof in proceedings seeking reinstatement, readmission, or transfer from disability inactive status. In any show cause proceeding under these Rules, the burden of proof shall be on the party required to show cause.(e)Standard of Proof. Any issue of fact shall be proved by clear and convincing evidence.(f)Record Availability. All proceedings of the Professional Conduct Board or of a Hearing Committee that are not reported by a court reporter, will be recorded. A court reporter shall report all evidentiary proceedings, together with any Formal Charge proceedings for which the Hearing Committee chair requests reporting. Any recording or transcript of any proceeding is available to the parties, but is only available to others subject to the provisions of Rule 521. Upon written request to the Clerk and with prior payment arrangements, the Clerk will make arrangements to have the court reporter's transcript or a transcription of any recording delivered to the requesting party. The Clerk may require the requesting party to make arrangements to order and pay for transcripts directly with the court reporter.(g)Stay or Abatement. Pending criminal or civil actions with substantial similarity to the material allegations of the alleged grounds for the imposition of Sanctions shall not stay the filing nor abate the processing of a review of a Lawyer's Professional Conduct under these Rules. Bar Counsel or the Professional Conduct Board may, in their discretion, permit such stay or abatement.(h)Delay. The unwillingness or neglect of the Grievant to file a complaint or a settlement between the Grievant and the Lawyer, shall not, in themselves, justify abatement of the processing of any grievance. The time between the commission of the alleged misconduct and the filing of the grievance predicated thereon may be pertinent to whether and to what extent a Sanction should be imposed, but does not limit Bar Counsel's power to investigate and prosecute.(i)Time Requirements. Except as is otherwise provided in these Rules, the time in which any act or any thing is to be done or performed is not jurisdictional.(j)References. When the Supreme Court has occasion to make a finding of fact in proceedings under or in connection with these Rules, it may refer the matter to a special fact-finding committee or referee specially appointed for that purpose or may authorize the Professional Conduct Board or any Hearing Committee to so serve.(k)Discovery.(1)When permitted. Discovery shall be permitted and governed as provided by the Idaho Rules of Civil Procedure.(2)Non-filing of Discovery. Discovery shall not be filed with the Clerk, but shall be served upon all parties as provided in Rule 523(d).(3)Disputes. Disputes concerning the scope and other aspects of discovery shall be determined by the chair of the Hearing Committee before which the matter is pending. All discovery orders by the Hearing Committee are interlocutory and may not be appealed before the entry of the final order.(l)Pre-Hearing Conference. Hearing Committees may order such pre-hearing conferences as they deem necessary for the orderly conduct of any disciplinary proceeding.(m)Judicial Notice. A Hearing Committee may take judicial notice of facts entitled to such notice; provided, however that the facts judicially noticed shall be specified by the Hearing Committee either at the time of the hearing or at the time of declaring its findings of facts, whichever it deems appropriate.(n)Oaths and Affirmations. Any member of the Professional Conduct Board, any Lawyer member of a Hearing Committee in matters pending before it, and Bar Counsel in matters under investigation or prosecution by him or her may administer oaths and affirmations.(o)Statute of Limitations. Proceedings under these Rules shall be exempt from all statutes of limitations.