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4.2 Requests for Deferral After A Petition Has Been Filed

After a petition has been filed, either Bar Counsel or respondent may request deferral of a disciplinary case based upon the pendency of either a related ongoing criminal investigation or related pending criminal or civil litigation. Such a request shall be filed with the Board Office and shall be served on the opposing party by the party making the request. A party may file an opposition to such a request within five working days of the filing of the request with the Board Office. The Executive Attorney shall submit the request and any opposition thereto to the Chair of the Hearing Committee to which the case is assigned. The Chair of the Hearing Committee shall transmit the request for deferral, with any opposition thereto, to the Chair of the Board with a recommendation as to the action the Chair of the Hearing Committee considers appropriate within five working days of receipt of any opposition to an application for deferral or five working days after the date such opposition was due. Applications shall be decided under the standards in Rule 4.1.

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