§ Rule 10-6.1 Taking of Testimony

Codes > Florida Statutes > Rules Regulating > Chapter 10 : 10-6 Procedures > Rule 10-6.1

Rule 10-6.1. Taking of Testimony

    (a) Conduct of Proceedings. The proceedings of circuit committees and the standing committee when testimony is taken may be informal in nature and the committees shall not be bound by the rules of evidence.

    (b) Taking Testimony. Bar counsel, the standing committee, each circuit committee, and members thereof conducting investigations are empowered to take and have transcribed the testimony and evidence of witnesses. If the testimony is recorded stenographically or otherwise, the witness shall be sworn by any person authorized by law to administer oaths.

    (c) Rights and Responsibilities of Respondent. The respondent may be required to appear and to produce evidence as any other witness unless the respondent claims a privilege or right properly available to the respondent under applicable federal or state law. The respondent may be accompanied by counsel.

    (d) Rights of Complaining Witness. The complaining witness is not a party to the investigative proceeding although the
complainant may be called as a witness should the matter come before a judge or a referee. The complainant may be granted the right to be present at any circuit committee proceeding when the respondent is present before the committee to give testimony. The complaining witness shall have no right to appeal the finding of the circuit committee.