ELC 10.11
             DISCOVERY AND PREHEARING PROCEDURES


(a) General.  The parties should cooperate in mutual
informal exchange of relevant non-privileged information to
facilitate expeditious, economical, and fair resolution of
the case.

(b) Requests for Admission.  After a formal complaint is
filed, the parties may request admissions under CR 36.
Under appropriate circumstances, the hearing officer may
apply the sanctions in CR 37(c) for improper denial of
requests for admission.

(c) Other Discovery.  After a formal complaint is filed, the
parties have the right to other discovery under the Superior
Court Civil Rules, including under CR 27–31 and 33 –35, only
on motion and under terms and limitations the hearing
officer deems just or on the parties’ stipulation.

(d) Limitations on Discovery.  The hearing officer may
exercise discretion in imposing terms or limitations on the
exercise of discovery to assure an expeditious, economical,
and fair proceeding, considering all relevant factors
including necessity and unavailability by other means, the
nature and complexity of the case, seriousness of charges,
the formal and informal discovery that has already occurred,
the burdens on the party from whom discovery is sought, and
the possibility of unfair surprise.

(e) Deposition Procedure.

  (1) Subpoenas for depositions may be issued under CR 45.
      Subpoenas may be enforced under rule 4.7.

  (2) For a deposition outside Washington State, a
     commission need not issue, but a copy of the order of
     the chief hearing officer or hearing officer, certified
     by the officer, is sufficient to authorize the
     deposition.

(f) CR 16 Orders.  The hearing officer may enter orders
under CR 16.

(g) Duty to Cooperate.  A respondent lawyer who has been
served with a formal complaint must respond to discovery
requests and comply with all lawful orders made by the
hearing officer.  The hearing officer or panel may draw
adverse inferences as appear warranted by the failure of
either the Association or the respondent to respond to
discovery.


[Adopted effective October 1, 2002.]