(a) Investigatory Subpoenas. During the pendency of an investigation conducted pursuant to Rule 5, the Chief Disciplinary Counsel, a regional disciplinary committee, or a division thereof may cause to be served subpoenas issued and provided by the Clerk to compel the attendance of witnesses to testify under oath and the production of documents. Actions to enforce investigatory subpoenas issued pursuant to this Rule 5.095(a) and challenges thereto shall be made to this Court.(b) Subpoenas for Deposition or Hearing. After an information has been filed, the Chief Disciplinary Counsel or the respondent may cause to be served subpoenas issued by the Clerk to compel the attendance of witnesses to testify under oath and the production of documents at a deposition or disciplinary hearing panel hearing. Any actions to enforce subpoenas issued pursuant to this Rule 5.095(b) and challenges thereto shall be determined by the presiding officer of the disciplinary hearing panel if a panel is appointed. If no disciplinary hearing panel has been appointed, the chair of the Advisory Committee may make a determination as to any actions to enforce or challenges thereto. Any resulting order may not be challenged until the matter is filed with the Court pursuant to Rule 5.16(m) or (n).(c) Witnesses and Fees. Subpoena and witness fees and mileage shall be in accordance with the laws of this state.(d) Subpoena Pursuant to Law of Another Jurisdiction. Whenever a subpoena is sought in this state pursuant to the law of another jurisdiction for use in lawyer discipline or disability proceedings in another jurisdiction, and where the issuance of the subpoena has been duly ordered under the law of the other jurisdiction, the Chief Disciplinary Counsel, upon petition for good cause, may issue a subpoena as provided in this Rule 5.095 to compel the attendance of witnesses and the production of documents in the county where the witness resides or is employed or elsewhere as agreed by the witness. Service, enforcement, or challenges to a subpoena issued pursuant to this Rule 5.095(d) shall be in accordance with this Rule 5.Mo. R. Gov. Bar Jud. 5.095
Adopted May 31, 2022, eff. 1/1/2023.