ELC 5.5 DISCOVERY BEFORE FORMAL COMPLAINT (a) Procedure. Before filing a formal complaint, disciplinary counsel may depose either a respondent lawyer or a witness, or issue requests for admission to the respondent. To the extent possible, CR 30 or 31 applies to depositions under this rule. CR 36 governs requests for admission. (b) Subpoenas for Depositions. Disciplinary counsel may issue subpoenas to compel the respondent’s or a witness’s attendance, or the production of books, documents, or other evidence, at a deposition. Subpoenas must be served as in civil cases in the superior court and may be enforced under rule 4.7. (c) Cooperation. Every lawyer must promptly respond to discovery requests from disciplinary counsel. [Adopted effective October 1, 2002.]
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