ELC 10.12 SCHEDULING HEARING (a) Where Held. All disciplinary hearings must be held in Washington State, unless the respondent lawyer is not a resident of the state, or cannot be found in the state. (b) Scheduling of Hearing. If possible, the parties should arrange a date, time, and place for the hearing by agreement among themselves and the hearing officer or panel members. Alternatively, at any time after the respondent has filed an answer to the formal complaint, or after the time to file the answer has expired, either party may move for an order setting a date, time, and place for the hearing. Rule 10.8 applies to this motion. The motion must state: · the requested date or dates for the hearing; · other dates that are available to the requesting party; · the expected duration of the hearing; · discovery and anything else that must be completed before the hearing; and · the requested time and place for the hearing. A response to the motion must contain the same information. (c) Scheduling Order. The hearing officer must enter an order setting the date and place of the hearing. This order may include any prehearing deadlines the hearing officer deems required by the complexity of the case, and may be in the following form with the following timelines: IT IS ORDERED that the hearing is set and the parties must comply with prehearing deadlines as follows: 1. Witnesses. A list of intended witnesses, including addresses and phone numbers, must be filed and served by [Hearing Date (H)-8 weeks]. 2. Discovery. Discovery cut-off is [H-6 weeks]. 3. Motions. Prehearing motions, other than motions to bifurcate, must be served by [H-4 weeks]. An exhibit not ordered or stipulated admitted may not be attached to a motion or otherwise transmitted to the hearing officer unless the motion concerns the exhibit’s admissibility. The hearing officer will advise counsel whether oral argument is necessary, and, if so, the date and time, and whether it will be heard by telephone. (Rule 10.15 provides the deadline for a motion to bifurcate.) 4. Exhibits. A list of proposed exhibits must be filed and served by [H-3 weeks]. 5. Service of Exhibits/Summary. Copies of proposed exhibits and a summary of the expected testimony of each witness must be served on the opposing counsel by [H-2 weeks]. 6. Objections. Objections to proposed exhibits, including grounds, must be exchanged by [H-1 week]. 7. Briefs. Any hearing brief must be served and filed by [H-1 week]. Exhibits not ordered or stipulated admitted may not be attached to a hearing brief or otherwise transmitted to the hearing officer before the hearing. 8. Hearing. The hearing is set for [H] and each day thereafter until recessed by the hearing officer, at [location]. (d) Motion for Hearing Within 120 Days. A respondent’s motion under section (b) for a hearing within 120 days must be granted, unless disciplinary counsel shows good cause for setting the hearing at a later date. (e) Notice. Service of a copy of an order or ruling of the hearing officer setting a date, time, and place for the hearing constitutes notice of the hearing. The respondent must be given at least ten days notice of the hearing absent consent. (f) Continuance. Either party may move for a continuance of the hearing date. The hearing officer has discretion to grant the motion for good cause shown. [Adopted effective October 1, 2002.]
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