North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0115 - PROCEEDINGS BEFORE THE DISCIPLINARY HEARING COMMISSION: PLEADINGS AND PREHEARING PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Complaint and Service - The counsel will file the complaint with the clerk of
				  the commission. The counsel will cause a summons and a copy of the complaint to
				  be served upon the defendant and will inform the clerk of the date of service.
				  The clerk will deliver a copy of the complaint to the chairperson of the
				  commission and will inform the chairperson of the date that service on the
				  defendant was effected. Service of complaints and summonses and other documents
				  or papers will be accomplished as set forth in the North Carolina Rules of
				  Civil Procedure.
(b) Notice
				  Pleading - Complaints in disciplinary actions will allege the charges with
				  sufficient precision to clearly apprise the defendant of the conduct which is
				  the subject of the complaint.
(c)
				  Answer - Within 20 days after the service of the complaint, unless further time
				  is allowed by the chairperson of the commission or of the hearing panel upon
				  good cause shown, the defendant will file an answer to the complaint with the
				  clerk of the commission and will serve a copy on the counsel.
(d) Designation of Hearing Panel - Within 20
				  days after service of the complaint upon the defendant, the chairperson of the
				  commission will designate a hearing panel from among the commission members.
				  The chairperson will notify the counsel and the defendant of the composition of
				  the hearing panel.
(e) Scheduling
				  Conference - The chairperson of the hearing panel will hold a scheduling
				  conference with the parties within 20 days after the filing of the answer by
				  the defendant unless another time is set by the chairperson of the commission.
				  The chairperson of the hearing panel will notify the counsel and the defendant
				  of the date, time, and venue (e.g., in person, telephone, video conference) of
				  the scheduling conference. At the scheduling conference, the parties will
				  discuss anticipated issues, amendments, motions, any settlement conference, and
				  discovery. The chairperson of the hearing panel will set dates for the
				  completion of discovery and depositions, for the filing of motions, for the
				  pre-hearing conference, for the filing of the stipulation on the pre-hearing
				  conference, and for the hearing, and may order a settlement conference. The
				  hearing date shall not be less than 60 days from the final date for discovery
				  and depositions unless otherwise consented to by the parties. The chairperson
				  of the hearing panel may impose sanctions against any party who willfully fails
				  to participate in good faith in the scheduling conference or willfully fails to
				  comply with a scheduling order issued pursuant to this section. The sanctions
				  which may be imposed include but are not limited to those enumerated in Rule
				  37(b) of the NC Rules of Civil Procedure.
(f) Failure to File an Answer - Failure to
				  file an answer admitting or denying the allegations of the complaint or
				  asserting the grounds for failing to do so within the time specified by this
				  rule will be grounds for entry of the defendant's default. If the defendant
				  fails to file an answer to the complaint, the allegations contained in the
				  complaint will be deemed admitted.
(g) Default
(1) The clerk will enter the defendant's
				  default when the fact of default is made to appear by motion of the counsel or
				  otherwise.
(2) The counsel may
				  thereupon apply to the hearing panel for default orders as follows:
(A) For an order making findings of fact and
				  conclusions of law. Upon such motion, the hearing panel shall enter an order
				  making findings of fact and conclusions of law as established by the facts
				  deemed admitted by the default. The hearing panel shall then set a date for
				  hearing at which the sole issue shall be the discipline to be
				  imposed.
(B) For an order of
				  discipline. Upon such motion, the hearing panel shall enter an order making
				  findings of fact and conclusions of law as established by the facts deemed
				  admitted by the default. If such facts provide sufficient basis, the hearing
				  panel shall enter an order imposing the discipline deemed to be appropriate.
				  The hearing panel may, in its discretion, set a hearing date and hear such
				  additional evidence as it deems necessary to determine appropriate discipline
				  prior to entering the order of discipline.
(3) For good cause shown, the hearing panel
				  may set aside the entry of default.
(4) After an order imposing discipline has
				  been entered by the hearing panel upon the defendant's default, the hearing
				  panel may set aside the order in accordance with Rule 60(b) of the North
				  Carolina Rules of Civil Procedure.