A. Scope. Within ten calendar days following the filing with the Office of Professional
Conduct of a request for a public hearing by a respondent attorney after a ballot vote pursuant to
Section 10(D)(3), the Executive Director and the respondent attorney shall exchange the names,
addresses, and telephone numbers of all persons having knowledge of relevant facts and of all
potential witnesses at the public hearing. Within sixty (60) days following the filing of the
request for a public hearing, the Executive Director and the respondent attorney may take
depositions in accordance with Arkansas Rule of Civil Procedure 30 and shall comply with
reasonable requests for (i) non-privileged information and evidence relevant to the charges or the
attorney, and (ii) other material upon good cause shown to the chair of the panel before which
the matter is pending for hearing.
B. Resolution of Prehearing Disputes.
(1) Disputes concerning discovery shall be determined by the chair of the panel
to which the matter was assigned. All discovery orders by the chair are interlocutory and may
not be appealed prior to the entry of the final order.
(2) Other prehearing disputes or motions, including a motion to dismiss the
complaint, shall be decided by the hearing panel chair, unless the panel chair determines that the
dispute or motion should be decided by the full hearing panel. If a motion to dismiss the
complaint is denied by the hearing panel chair or by the full hearing panel, that denial shall not
be grounds for disqualification or recusal of the chair or any member of the hearing panel
deciding the motion.
C. Rules of Civil Procedure Not Applicable. Proceedings under these Procedures are not
subject to the Arkansas Rules of Civil Procedure regarding discovery, except those rules relating
to depositions and subpoenas. Interrogatories, requests for admissions, and other forms of
discovery not specifically authorized in these Procedures are not available in proceedings before