ELC 4.7
ENFORCEMENT OF SUBPOENAS
(a) Authority. To enforce subpoenas issued under these
rules, the Supreme Court delegates contempt authority to the
Superior Courts as necessary for the Superior Courts to act
under this rule.
(b) Procedure.
(1) If a person fails to obey a subpoena, or obeys the
subpoena but refuses to testify or produce documents
when requested, disciplinary counsel, the respondent
lawyer or the person issuing the subpoena may petition
the Superior Court of the county where the hearing is
being conducted, where the subpoenaed person resides or
is found, or where the subpoenaed documents are
located, for enforcement of the subpoena. The petition
must:
(A) be accompanied by a copy of the subpoena and proof
of service;
(B) state the specific manner of the lack of
compliance; and
(C) request an order compelling compliance.
(2) Upon the filing of the petition, the Superior
Court enters an order directing the person to appear
before it at a specified time and place to show cause
why the person has not obeyed the subpoena or has
refused to testify or produce documents. A copy of the
Superior Court’s show cause order must be served on the
person.
(3) At the show cause hearing, if it appears to the
Superior Court that the subpoena was properly issued,
and that the particular questions the person refused to
answer or the requests for production of documents were
reasonable and relevant, the Superior Court enters an
order requiring the person to appear at a specified
time and place and testify or produce the required
documents. On failing to obey this order, the person
is dealt with as for contempt of court.
[Adopted effective October 1, 2002.]
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