Haw. Sup. Ct. R. 2.12

Any member of a hearing committee or any hearing officer, in matters before it or them, and Disciplinary Counsel, in matters under investigation by Disciplinary Counsel, may administer oaths and affirmations, and compel by subpoena the attendance of the respondent and witnesses and the production of pertinent books, papers and documents. A respondent may compel by subpoena the attendance of witnesses and the production of pertinent books, papers, and documents before a hearing committee or officer after formal disciplinary proceedings are instituted. Writs of subpoena shall be issued in blank by the clerk of the supreme court upon application by any member of a hearing committee or any hearing officer, Disciplinary Counsel or the respondent. The supreme court may, upon proper application pursuant to Rule 27 of the Hawaiʻi Rules of Appellate Procedure, enforce the attendance and testimony of the respondent and may, as set forth in Rule 2.12A of these Rules, immediately suspend the respondent from the practice of law for the failure to comply with any lawful demand of the supreme court, a hearing committee or officer, or Disciplinary Counsel made in connection with any investigation, hearing, or disciplinary proceeding. Upon application pursuant to Rule 27 of the Hawaiʻi Rules of Appellate Procedure, the supreme court may also enforce the attendance and testimony of any witness and the production of any documents so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the circuit courts.

There shall be no discovery proceedings except upon the order of the Disciplinary Board Chairperson for good cause shown.

At the discretion of the hearing committee or officer, a conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. Said conference may be held before the officer or the chairperson of the committee or any member of the committee designated by its chairperson.

(Renumbered September 1984; amended April 4, 1988, effective April 4, 1988; further amended October 27, 1989, effective November 1, 1989, subject to transitional orders; further amended February 7, 1992, effective February 7, 1992; further amended November 23, 2007, effective January 1, 2008; further amended April 15, 2026, effective July 1, 2026.)