Rules of Procedure of the State Bar of California

Rules of Procedure of the State Bar of California

May 19, 2022

Rules of Procedure of the

State Bar of California

With Amendments Adopted by the Board of Trustees (formerly Board of Governors) Effective January 1, 2011, with subsequent revisions

Title 5:

Title III: Title IV:

Discipline

Division 1

General Rules Case Processing

Division 2

Case Processing

Division 3

Review Department and Powers Delegated by Supreme Court

Division 4

Involuntary Inactive Enrollment Proceedings

Division 5

Probation Proceedings

Division 6

Special Proceedings

Division 7

Regulatory Proceedings

General Provisions

Standards for Attorney Sanctions for Professional Misconduct

PREFACE

The Rules of Procedure of the State Bar of California are adopted by the Board of Trustees (formerly Board of Governors) of the State Bar in order to facilitate and govern proceedings conducted through the State Bar Court and otherwise. On September 22, 2010, the Board approved amendments to the rules that govern procedures in the State Bar Court. The amendments involve some substantive changes, as well as reordering and renumbering of the rules to make them clearer, better organized and easier to read.

Effective January 1, 2011, the amended rules will apply to all pending and future matters filed in the State Bar Court, except as to:

1. Hearing Department proceedings in which the taking of testimony or the offering of evidence at trial has commenced;

2. Review Department matters in which a request for review is filed prior to January 1, 2011; and

3. Any other particular proceeding pending as of the effective date in which the Court orders the application of former rules based on a determination that injustice would otherwise result.

The amended rules (rules 5.1 to 5.466) are found in Title 5 and conform to the new organizational structure for all the Rules of the State Bar. The revised rules begin with the number 5 (for Title 5), which is followed by a period and then a sequential number.

DIVISION 1

Rule 5.1 Rule 5.2 Rule 5.3 Rule 5.4 Rule 5.5 Rule 5.6 Rule 5.7 Rule 5.8 Rule 5.9 Rule 5.10 Rule 5.11 Rule 5.12 Rule 5.13 Rule 5.14 Rule 5.15 Rule 5.16 Rule 5.17 Rule 5.18

DIVISION 2

Chapter 1

Rule 5.20 Rule 5.21 Rule 5.22 Rule 5.23 Rule 5.24 Rule 5.25 Rule 5.26 Rule 5.26.1 Rule 5.26.2 Rule 5.27 Rule 5.27.1 Rule 5.28 Rule 5.29 Rule 5.30 Rule 5.31

TABLE OF CONTENTS

TITLE 5 ? DISCIPLINE

GENERAL RULES

Title and Authority Authority to Adopt Ordinary Meanings Definitions References to Statutes and Rules Scope Assignment of Judges Pro Tempore Disposition of Pending Matters After a Judge's Term Expires Public Nature of State Bar Court Proceedings Confidential Proceedings Public Records Concerning Resignations Order Sealing Portions of the Record Deliberations Are Not Public Recorded or Reported Proceedings Preparation of Transcripts Photographs, Recordings, and Broadcasts of State Bar Court Proceedings Appearances for Non-Trial Events in the Hearing Department Appearances for Evidentiary Hearings and Trials in the Hearing Department

CASE PROCEEDINGS

Commencement of Proceedings

Beginning Proceeding Limitations Period Venue Transfer of Venue Where to File Pleadings Service of Initial Pleading Service of Later Pleadings Electronic Service by Parties or Court Electronic Signature Proof of Service Proof of Electronic Service Computing Time Orders Shortening or Extending Time; Late Filing Prefiling; Early Neutral Evaluation Conference Change of Counsel of Record

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Chapter 2

Rule 5.40 Rule 5.41 Rule 5.42 Rule 5.43 Rule 5.44 Rule 5.44.1 Rule 5.45 Rule 5.46 Rule 5.47 Rule 5.48 Rule 5.49 Rule 5.50 Rule 5.51 Rule 5.52 Rule 5.52.1 Rule 5.52.2 Rule 5.52.3 Rule 5.52.4 Rule 5.52.5 Rule 5.52.6 Rule 5.53 Rule 5.54 Rule 5.55 Rule 5.56 Rule 5.57 Rule 5.58

Chapter 3

Rule 5.60 Rule 5.61 Rule 5.62 Rule 5.63 Rule 5.64 Rule 5.65 Rule 5.65.1 Rule 5.66 Rule 5.67 Rule 5.68 Rule 5.69 Rule 5.70 Rule 5.71

Pleadings, Motions, and Stipulations

General Rules of Pleadings Notice of Disciplinary Charges Motions that Extend Time to File Response Response to Notice of Disciplinary Charges Amended Pleadings Status Conferences Motions Disqualifying a Judge Consolidation Severance Continuances Abatement Mental Incapacity Military Service Settlement Conference Settlement Conference Judge Notice of Designation of Settlement Judge Meet and Confer Settlement Conference Statements Confidentiality of Settlement Conferences Stipulations Generally Stipulations to Facts Only Stipulations to Facts and Conclusions of Law Stipulations to Facts, Conclusions of Law, and Disposition Stipulations to Disposition Approval of Stipulations by a Hearing Judge

Subpoenas and Discovery

Investigation Subpoenas Discovery Subpoenas and Depositions Trial Subpoenas Proceedings on Motion to Quash Subpoena Approved Subpoena Forms Discovery Procedures Expert Disclosure / Discovery Motion to Request Other Discovery Prohibited Discovery Physical and Mental Examinations Motions to Compel Discovery and Sanctions Contempt Proceedings Discovery Review

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