(1) Petition. Unless the presiding justice grants an order to show cause to be served in lieu of a notice of petition at a time and in a manner specified therein, a notice of petition, together with the petition and any affidavits or exhibits specified in the notice, shall be served on the respondent and filed with the court in a manner consistent with Practice Rules of the Appellate Division (section 1250.13[a] of this Title).

(2) Answer. An answer and supporting affidavits and exhibits, if any, shall be served on the committee and filed with the court at least five days before the time at which the petition is noticed to be heard and marked returnable before the court.

(3) Reply. A reply, together with supporting affidavits and exhibits, if any, may be served and filed with the court at least one day before the time at which the petition is noticed to be heard and marked returnable before the court.

(1) Petition. The committee shall file the original petition with the court, along with proof of service of a single copy thereof upon the respondent. The committee shall also deliver a copy of the original petition to the court in portable document format (PDF).

(2) Answer. The respondent shall file the original answer, and a single copy thereof, with the court, along with proof of service of a single copy thereof on the committee. The respondent may deliver the copy of the answer to the court in portable document format (PDF).

(3) Reply. The committee shall file the original reply, if any, with the court, along with proof of service of a single copy thereof upon the respondent. The committee shall also deliver a copy of the original reply to the court in portable document format (PDF).

(4) Statement of disputed facts. Any statement pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.8[a][2] of this Title) shall be filed with the court as an original and a single copy thereof, along with proof of service of a single copy thereof upon the adversary. The copy of any such statement may be delivered to the court in portable document format (PDF).

(1) At any time following the filing of statements pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.8[a][2] of this Title), the court may, upon the motion of either party or upon its own motion, refer issues of disputed fact to a referee to hear and report. If no disputed factual issue is raised, the court may, upon motion of either party, fix a time at which the respondent may be heard in mitigation or otherwise, or the court may refer the matter for such purpose.

(2) A referee appointed pursuant to this subdivision may receive evidence regarding any defense or mitigating factor raised by the respondent, and any aggravating factor raised by the committee.

(3) A record of the hearing before the referee shall be made, and a copy thereof shall be provided to the respondent upon his or her request and at his or her expense.

(4) Following the hearing and the parties' submission of proposed findings of fact if requested by the referee, the referee shall file a written report setting forth findings of fact with respect to all issues of fact and making an advisory determination as to whether the committee has established, by a preponderance of the evidence, each element of the charge or charges of misconduct. The referee shall not make a recommendation as to an appropriate sanction.

(5) Upon submission of the report of the referee to the court, either party may move to confirm or disaffirm the report, in whole or in part, by motion on notice to the adversary consistent with Practice Rules of the Appellate Division (section 1250.4[a][4] of this Title). Any motion by the committee regarding the referee's report is required to be made within 20 days of receipt of a copy thereof. In conjunction with any motion practice conducted pursuant to this subdivision, the parties shall be heard on the issue of the appropriate discipline to be imposed for any misconduct that might be determined by the court, and may cite any relevant factor, including but not limited to the nature of the misconduct, aggravating and mitigating circumstances, the parties' contentions regarding the appropriate sanction under the American Bar Association's Standards for Imposing Lawyer Sanctions, and applicable case law and precedent. Applications pursuant to this subdivision may be argued upon the direction of the court made upon request of the committee or the respondent prior to the return date of the motion.

(1) All motions in proceedings authorized pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.8 of this Title), including motions requesting the imposition of discipline by consent pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.8[a][5] of this Title), shall be submitted to the court in the manner specified in Practice Rules of the Appellate Division (section 1250.4[a] of this Title).

(2) Where the court has appointed a judge or referee to hear and report pursuant to subdivision (c) of this section, the court may refer any pending motion in that proceeding to the judge or referee for determination.