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7.7 Proceedings When Respondent Fails to Answer
Where respondent does not file an answer, the procedures
of this paragraph shall apply. If the petition is based upon an oath made
upon personal knowledge, the facts shall be deemed established as alleged
in the petition. If the petition is based upon an oath made upon other
than personal knowledge, Bar Counsel shall present competent proof of
the factual allegations in the petition. A respondent who has not filed
an answer may, if present at the hearing, cross-examine Bar Counsel’s
witnesses, testify in his own behalf (but not present either the testimony
of others or present non-testimonial evidence), file post-hearing briefs
on all issues (if called for by the Hearing Committee), and present a
plea or testimony in mitigation of sanction.
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