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Wash. R. for Enforcement of Lawyer Conduct 10.7

Amendment of Formal Complaint

activein force · 2017-09-01 – presentact-effective-date

(a) Amendments Adding Related Facts or Charges. Disciplinary counsel may amend a

formal complaint at any time to add facts or charges that relate to matters in the formal complaint

or to the respondent lawyer’s conduct regarding the pending proceedings. The respondent may,

within 10 days of service of the amendment, object to the amendment by a motion to the hearing

officer. The hearing officer will consider the motion under the procedure provided by ELC 10.8.

(b) Amendments Dismissing Charges. Disciplinary counsel may dismiss charges at any

time and amend a formal complaint accordingly. The respondent may, within 10 days of service

of the amendment, object to the amendment by a motion to the hearing officer. The hearing

officer will consider the motion under the procedure provided by ELC 10.8.

(c) Other Amendments. Disciplinary counsel must obtain authorization from the chief

hearing officer for amendments other than those under subsections (a) or (b) or ELC 10.3(c).

Disciplinary counsel must give respondent notice of a request for authorization to amend. A

request to amend will be considered under the procedure provided by rule 10.8. The chief

hearing officer, after consultation with any assigned hearing officer, may authorize the

amendment, may require that the additional facts or charges be the subject of a separate formal

complaint, or may direct disciplinary counsel to report the matter to a review committee under

rule 5.7(c).

(d) Decision. In ruling on a motion under this rule, a hearing officer or the chief hearing

officer may grant or deny the motion in whole or part. Authorization to amend should be freely

given when justice so requires.

(e) Service and Answer. Disciplinary counsel serves an amendment to a formal complaint

on the respondent as provided in rule 4.1 but need not serve a Notice to Answer with the

amendment. Rule 10.5 governs the answer to an amendment except that any part of a previous

answer may be incorporated by reference.

History

[Adopted effective October 1, 2002; Amended effective January 1, 2014; September 1, 2017.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
afd835f46d6c7b8b676e2fd7b732f7d07abf5b5f2bc4a801b47ab246e71c6e7c
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