Section 19 - Subpoena Power, Witnesses and Pre-trial Proceedings

As amended through November 4, 2024

19.1. Any member of a hearing panel in matters before it, and Disciplinary Counsel in matters under investigation or in formal proceedings, may administer oaths and affirmations and may obtain from the circuit or chancery court having jurisdiction subpoenas to compel the attendance of witnesses and the production of pertinent books, papers and documents. A respondent attorney may, similarly, obtain subpoenas to compel the attendance of witnesses and the production of pertinent books, papers and documents before a hearing panel after formal disciplinary proceedings are instituted.

19.2. Subpoenas issued prior to formal proceedings shall clearly indicate on their face that the subpoenas are issued in connection with a confidential investigation under this Rule and that it may be regarded as contempt of the Court or grounds for discipline under this Rule for a person subpoenaed to in any way breach the confidentiality of the investigation. The scope of the confidentiality of the investigation shall be governed by Section 32. It shall not be regarded as a breach of confidentiality for a person subpoenaed to consult with an attorney.

19.3. The circuit or chancery court in which the attendance or production is required may, upon proper application, enforce the attendance and testimony of any witness and the production of any documents so subpoenaed. Subpoena and witness fees and mileage shall be the same as in the courts of this State.

19.4. Any attack on the validity or scope of a subpoena so issued, and any application for a protective order with respect to a subpoena so issued, shall be filed in and heard and determined by the court in which enforcement of the subpoena is being sought.

19.5. Discovery proceedings by the respondent attorney, prior to institution of proceedings for a formal hearing, may be had upon the order of the Chair of the Board for good cause shown.

19.6. With the approval of the hearing panel, testimony may be taken by deposition or by interrogatories if the witness is not subject to service or subpoena or is unable to attend or testify at the hearing because of age, illness, infirmity, or incarceration. A complete record of the testimony so taken shall be made and preserved, but need not be transcribed unless needed for appeal pursuant to Section 33.

19.7. The subpoena and deposition procedures shall be subject to the protective requirements of confidentiality provided in Section 32.