RI · rules

R.I. Sup. Ct. R. Art. III, R. 11

Subpoena powers

activein force · 2023-11-01 – presentact-effective-date

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.

Provenance

Source: courts.ri.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: 03d4f2dddc6fe9ff877f73d2b5262353f2eb5819cefc65a0f2048286be95ee95

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