Bar Rules

Rule 4-212. Answer of Respondent; Discovery

Ethics & Discipline / Current Rules / Part IV (After January 1 / 2001) - Georgia Rules of Professional Conduct (also includes Disciplinary Proceedings and Advisory Opinion rules) / CHAPTER 2 DISCIPLINARY PROCEEDINGS

(a) The respondent shall serve his or her answer to the formal complaint of the State Bar within thirty days after service of the formal complaint. In the event that respondent fails to answer or to obtain an extension of time for his answer, the facts alleged and violations charged in the formal complaint shall be deemed admitted. In the event the respondent's answer fails to address specifically the issues raised in the formal complaint, the facts alleged and violations charged in the formal complaint and not specifically addressed in the answer shall be deemed admitted. A respondent may obtain an extension of time not to exceed fifteen days to file the answer from the special master, or, when a challenge to the special master is pending, from the chairperson of the Review Panel. Extensions of time for the filing of an answer shall not be routinely granted.

(b) The pendency of objections or challenges to one or more special masters shall provide no justification for a respondent's failure to file his answer or for failure of the State Bar or the respondent to engage in discovery.

(c) Both parties to the disciplinary proceeding may engage in discovery under the rules of practice and procedure then applicable to civil cases in the State of Georgia.

(d) In lieu of filing an answer to the formal complaint of the State Bar, the respondent may submit to the special master a Petition for Voluntary Discipline; provided, however, that each such petition shall contain admissions of fact and admissions of conduct in violation of Part IV, Chapter 1 of these rules sufficient to authorize the imposition of discipline. As provided in Rule 4-210(d), the special master may solicit a response to such petition from Bar counsel.

GO TO Rule 4-211.1 Dismissal after Formal Complaint
GO TO Rule 4-213. Evidentiary Hearing
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