As amended through June 11, 2024
Rule 4.4 - Pleadings, Amendments, and Motions(a) Pleadings. The only permissible pleadings shall be a formal complaint and an answer, and amendments thereto. The Adjudicator may request additional pleadings from parties if deemed necessary.(b) Amendments.(1) Disciplinary Counsel may amend a formal complaint at any time after filing, subject to any limitation that may be imposed by the Adjudicator as to timing or content in any prehearing order entered pursuant to BR 4.7, in amplification of the original charges, to add new charges, or to withdraw charges. If an amendment is made, the respondent shall file an answer to the amended formal complaint within fourteen (14) days of service. Upon request by respondent for good cause shown, the Adjudicator may give the respondent a reasonable time to procure evidence and to prepare to meet the matters raised by the amended formal complaint.(2) The respondent may amend an answer at any time after filing, subject to any limitations that may be imposed by the Adjudicator as to timing or content in any prehearing order entered pursuant to BR 4.7. If an answer is amended, the Bar shall be given a reasonable time, set by the Adjudicator, to procure evidence and to prepare to meet the matters raised by the amended answer.(c) Motions. (1) An application for an order from the Adjudicator shall be submitted as a motion. Every motion, unless made during the trial, shall state with particularity the reason for the motion and the relief or order sought.(2) Parties shall not submit motions seeking to dismiss a formal complaint, motion for judgment on the pleadings, motion to make more definite and certain, and motion seeking summary judgment without leave of the Adjudicator.(3) All motions, and any responses, shall be filed with the Disciplinary Board Clerk with proof of service on the other Party. Upon expiration of the time for response, the Adjudicator shall promptly rule on the motion. The Adjudicator shall file rulings on motions with the Disciplinary Board Clerk, and the Clerk shall mail or email copies to the parties.(4) Oral Argument. The Adjudicator shall decide whether to hear oral argument on motions. Oral argument on any motion may be conducted in person, or by conference telephone/video call.(5) If a party objects to a nondiscovery motion, the opposing party may submit a written opposition within fourteen (14) days of service of the motion unless the Adjudicator shortens the time for good cause shown. Opposing parties must submit a written opposition to discovery motions within seven (7) days of service of the motion.(6) No reply is allowed unless ordered by the Adjudicator.(7) Discovery motions, including motions for limitation of discovery, shall be in writing and shall state "Discovery Motion" in the caption.(8) Unopposed motions shall include "unopposed" in the caption heading. Stipulated motions shall include "stipulated" in the caption heading.(9) Motions seeking immediate action or expedited relief shall state in the caption: "Expedited Consideration Requested." If the Adjudicator grants expedited consideration, the Adjudicator shall set an expedited time for filing written opposition to the motion and notify all parties.(d) Adjudicator Authority. Upon application of either the Bar or the respondent, the Adjudicator may extend or shorten the time for filing any pleading, motion, or any document required or permitted to be submitted, except as otherwise provided in these rules.Rule 4.4b amended by Order dated February 5, 2001. Rule 4.4b1 and 4.4b2 amended; Rule 4.4c added by Order dated May 3, 2017, effective 1/1/2018. Rule 4.4a and 4.4b1 amended by Order dated May 22, 2019, effective 9/1/2019. Rule 4.4 (a), (b) amended; 4.4(c) added, and former 4.4(c) redesignated and amended to 4.4(d) by Order dated December 26, 2023, effective 1/1/2024.