R.i. Sup. Ct. R. 11

As amended through June 7, 2024
Rule 11 - Subpoena powers

At any stage of an investigation, Counsel shall have the right to summon witnesses and require production of records by issuance of subpoenas. A respondent-attorney shall have the right to summon witnesses and require production of records before the Board by issuance of subpoenas.

Said subpoenas shall be obtained by filing with the Clerk of this Court a statement calling for the issuance of the subpoena. On the same day that this statement is filed with the Clerk, the party seeking the subpoena shall send by registered or certified mail a copy of the statement to either Counsel or the respondent-attorney, as the case may be. Upon the filing of the statement, the Clerk shall forthwith issue the subpoena, and it shall be served by a duly authorized officer.

Said subpoenas shall clearly indicate on their face that the subpoenas are issued in connection with a confidential investigation under these rules, and that it is regarded as contempt of this Court or grounds for discipline under these rules for a person subpoenaed to breach the confidentiality of the investigation. It shall not be regarded as breach of confidentiality for a person subpoenaed to consult with an attorney.

All participants in the proceeding shall conduct themselves so as to maintain the confidentiality of the proceedings.

Any attack on the validity of a subpoena so issued shall be heard and determined by the Board.

Witnesses before the Board shall be examined under oath or affirmation.

Testimony may be taken by deposition or such other method as may be authorized by the Board if the witness is not subject to service of subpoena or is unable to attend or testify at the hearing because of age, illness or other infirmity. A complete record of the testimony so taken shall be made and preserved.

The subpoena and deposition procedure shall be subject of the protective requirements of confidentiality provided in Rule 21.

Any rule or rules of this Court or any statute or statutes providing for discovery are not applicable in this type of proceeding, which proceeding shall be governed by these rules alone.

R.i. Sup. Ct. R. 11

Revised 11/1/2023; Revised 11/1/2023.