Rule 5.5 Discovery Before Formal Complaint
Title 5 Grievance Investigations and Disposition
Rule Text
(a) Procedure. Before filing a formal complaint, disciplinary counsel or the Clerk may depose either a respondent LLLT or a witness, or issue requests for admission to the respondent. To the extent possible, CR 30 or 31 applies to depositions under this rule. CR 36 governs requests for admission.
(b) Subpoenas for Depositions. Disciplinary counsel or the Clerk may issue subpoenas to compel the respondent’s or a witness’s attendance, or the production of books, documents, or other evidence, at a deposition. Subpoenas must be served as in civil cases in the superior court and may be enforced under rule 4.6.
(c) Cooperation. Every LLLT must promptly respond to discovery requests from disciplinary counsel or the Clerk.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a permanent rule.]