| 3.2 Discovery from Non-Parties
The Chair of the Hearing Committee before which a
case is pending (or the Chair of the Board on Professional Responsibility),
if the matter is not before a Hearing Committee) may, upon request
of respondent, authorize discovery from non-parties by deposition
or by production and inspection of documents. Such requests must be
made by written motion. Such motions shall be granted only if respondent
demonstrates that respondent has a compelling need for the additional
discovery in the preparation of respondent’s defense and that such
discovery will not be an undue burden on the complainant or other
persons. Bar Counsel shall make available to respondent subpoenas
to compel attendance of such witnesses and the production of such
books, papers, and documents as may be necessary to implement discovery
authorized under this Rule. Service of such subpoenas shall be arranged
by respondent.
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