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SCR 3.300 Rights of respondent against whom a charge has been filed

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
III Practice of Law (Refs & Annos)
Rules of the Supreme Court (SCR), Rule 3.300
SCR 3.300 Rights of respondent against whom a charge has been filed
The Respondent against whom a charge has been filed shall have the right to be represented by counsel. The Respondent shall have all the rights secured to a party by the Rules of Civil Procedure and Kentucky Rules of Evidence with respect to the introduction of evidence. The Respondent shall have the right to compel the attendance of witnesses and the production of books, papers and documents or other writings, except those contained in the investigative file of Bar Counsel, to the hearing or to such depositions as are permitted under SCR 3.340. The Respondent shall have the right to an oral argument or to file a brief before the Trial Commissioner. The Respondent shall be afforded a full opportunity to defend himself/herself by the introduction of evidence, and to cross-examine witnesses. If the facts in the charge would give rise to a criminal proceeding, respondent shall not be compelled to give evidence against himself or herself. If the Respondent is unable to employ counsel, the Chair, or Chair's lawyer member designee, upon written request accompanied by an in forma pauperis affidavit, made within twenty (20) days after service of the charge, shall appoint counsel for the Respondent.

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HISTORY: Amended by Order 2007-007, eff. 2-1-08; prior amendments eff. 10-1-98 (Order 98-1), 4-1-82 (Order 82-1), 1-1-78, 7-2-71
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.
Sup. Ct. Rules, Rule 3.300, KY ST S CT Rule 3.300
Current with amendments received through May 1, 2020.
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