Rule text
(a) Location. Civil injunction hearings are normally held in the courtroom of the Presiding Disciplinary Judge. The Presiding Disciplinary Judge may exercise discretion to hold a hearing in another location that is convenient for the parties and witnesses. (b) Admissibility of Evidence. The Presiding Disciplinary Judge may receive any evidence with probative value regardless of its admissibility under the rules of evidence if the respondent has a fair opportunity to rebut hearsay evidence. (c) No Jury Trial. The Presiding Disciplinary Judge presides over civil injunction hearings and is the sole factfinder. Hearings are not held before a jury. (d) Burden of Proof. The Regulation Counsel bears the burden of proof in civil injunction proceedings by a preponderance of the evidence. (e) Record. The Presiding Disciplinary Judge must make a record of all hearings.
Notes
Source: Entire rule adopted and effective December 15, 2022 (Rule Change 2022(17)).