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.]