| 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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