Orders and Notices
Order M-210-01
Before: Wagner, Chief Judge; Terry, Steadman, Schwelb, Farrell,
Ruiz, Reid, Glickman, and Washington, Associate Judges.
Order
On consideration of the proposed amendments to District
of Columbia Bar Rule XI, §18, which proposed amendments
were transmitted to the Court by the Board of Governors of
the District of Columbia Bar, and the comments received thereto,
it is ORDERED that D.C. Bar Rule XI, § 18 is amended,
effective April 1, 2002, to read as follows:
Rule XI, § 18
e. Subpoena Pursuant to Law of Another Jurisdiction. Whenever
a subpoena is sought in the District of Columbia pursuant
to the law of another jurisdiction for use in lawyer discipline
or disability investigations or proceedings in that jurisdiction,
and where the application for issuance of the subpoena has
been duly approved or authorized under the law of that jurisdiction,
Bar Counsel (in a case where the request is by the disciplinary
authority of the foreign jurisdiction) or an attorney admitted
to practice in this jurisdiction (in a case where the request
is by a respondent in a proceeding in the foreign jurisdiction),
may issue a subpoena as provided in this Section to compel
the attendance of witnesses and production of documents
in the District of Columbia, or elsewhere as agreed by the
witnesses, for use in such foreign investigations or proceedings
or in defense thereof. Service, enforcement and challenges
to such subpoenas shall be as provided in this Section and
incorporated rules.
f. Request for Foreign Subpoena in Aid of Proceeding in
this Jurisdiction. In a lawyer discipline or disability
investigation or proceeding pending in this jurisdiction,
both Bar Counsel and a respondent may apply for the issuance
of subpoenas in other jurisdictions, pursuant to the rules
of those jurisdictions, where such application is in aid
of such investigation or proceeding or in defense thereto,
and to the extent that Bar Counsel or the respondent could
issue compulsory process or obtain formal prehearing discovery
under the provisions of this Rule or the rules issued by
the Board on Professional Responsibility.
For the Court
Garland Pinkston Jr., Clerk of the Court
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