Rule Text
Following service of a notice of investigation and initial disclosures upon a judge, the parties may conduct additional investigation, but shall not conduct other discovery as set forth in Rule 28, below.
Amendment history: Approved, effective August 31, 1984; as amended, effective September 29, 1989; as amended, effective May 1, 2010; as amended, effective March 1, 2019; as amended, effective December 4, 2023.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
After a judge is notified that they're being investigated and both sides have shared their initial information, the investigation doesn't stop there. Both the judge and the commission can keep gathering more facts and evidence about the situation.
However, this rule puts a limit on what kind of fact-finding can happen at this stage. The parties can't use the formal discovery tools described in Rule 28, like depositions or written questions that are typically used once a case moves further along. This keeps the early investigation stage focused and prevents it from turning into a full legal battle before the commission has even decided whether formal charges are warranted.