3.260 Joinder and consolidation

(1) Any number of acts or omissions, and any number of separate and distinct transactions, alleged to constitute unprofessional conduct on the part of any attorney may be alleged in a single charge in separate counts. Separate charges may, by order of the Inquiry Commission, be consolidated and tried as a single disciplinary case.

(2) A charge may be filed against two or more attorneys if based on the same or related state of facts, and separate charges against two or more attorneys based upon the same or related state of facts may, by order of the Inquiry Commission, be consolidated and tried as a single disciplinary proceeding. Where two or more attorneys are proceeded against in the same proceeding, the Trial Commissioner shall report to the Board as to each.

(3) Charges against two or more attorneys may be consolidated by order of the Inquiry Commission for limited purposes including, but not limited to, preservation of testimony, out of state depositions, or document production pursuant to subpoena.

(4) Any party may file a motion with the Inquiry Commission to sever separate charges against any attorney as provided in subsection (1), or to sever charges against two or more attorneys as provided in subsection (2) or (3). However, the filing of such motions shall not delay the evidentiary hearing or the Board's consideration of the case.

Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.