Supreme Court Adopts Changes to Subpoenas Rule

On November 22, 2004, the Supreme Court of Pennsylvania approved changes to Rule 213 of the Pennsylvania Rules of Disciplinary Enforcement, making new provisions for Supreme Court review of determinations on the validity of subpoenas issued in disciplinary matters. Aside from changes in wording, the new provisions are the addition of a new Rule 213(d)(3), which provides that a party may appeal a determination by a Hearing Committee or a Hearing Committee member to the Supreme Court within ten days after the determination. A new Rule 213(g)(3) provides that the petition for review of such determination must set forth in detail the grounds for the challenge. The Court will then issue a rule to show cause upon the party not challenging the determination to show cause why it should not be reversed, returnable within ten days. After a response is filed, or if no response is filed, the Court will then issue an order resolving the challenge.

The change is effective upon publication in the Pennsylvania Bulletin. The Notice adopting the change is online here, and the text of the new rule is online here.