Skip to main content
Find a Lawyer

Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. C, § 3.23

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) General Provisions.

(1) In all cases, except for matters arising from a conviction of a crime and expedited hearings pursuant to Section 2.12, a prehearing conference shall be held. A prehearing conference shall be held in conviction cases if a party requests such a conference within 30 days after the answer is filed. Except for good cause shown, a prehearing conference shall not be held prior to an expedited disciplinary hearing pursuant to Section 2.12 of these Rules.

(2) The conference shall be conducted by the chair of the hearing committee or hearing panel or the special hearing officer. Additional conferences may be held as necessary.

(3) The Respondent, the Respondent's attorney if the Respondent is represented by counsel, and Bar Counsel shall attend the prehearing conference.

(4) The parties and counsel shall be fully prepared for a useful discussion and resolution, to the extent possible, of all procedural and substantive issues in the proceeding and shall be fully authorized to make commitments regarding those matters.

(5) Except as to orders that the moving party alleges exceed the jurisdiction or authority of the chair of the hearing committee or panel, special hearing officer, or Board Chair, orders entered at a prehearing conference shall control the subsequent course of the proceeding and shall not be appealed or reviewed prior to the issuance of the hearing report.

(6) Prehearing deadlines set at a prehearing conference shall not be extended except for good cause shown.

(b) Purpose of Prehearing Conference and Action at Conference.At the mandatory prehearing conference, the following matters may be considered and orders thereon entered:

(1) Settling any discovery disputes within the jurisdiction of the hearing committee, hearing panel or special hearing officer.

(2) Identifying contested issues.

(3) Obtaining admissions or stipulations as to facts not in dispute, the authenticity of documents, and other matters that might properly shorten the hearing.

(4) Limiting the number of witnesses.

(5) Setting deadlines for the completion of any approved depositions ordered by or under the supervision of the chair of the hearing committee or panel or special hearing officer and for filing motions in limine and other prehearing motions.

(6) Establishing a date for the exchange between or among the parties of witness and exhibit lists and exhibits intended for use in the party's case-in-chief or for matters in aggravation and mitigation; a date for the parties' exchange of objections to proposed witnesses and exhibits and supplemental designation of witnesses and exhibits; and a date for filing final witness and exhibit lists and objections thereto, agreed exhibits, and any stipulations of the parties.

(a) When a party proposes to introduce testimony from an expert witness, the party shall be required to disclose the qualifications of the expert and the subject matter on which the expert is expected to testify and to state the substance of facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

(b) When the Respondent has placed his or her physical or mental status in issue, the Respondent shall identify and disclose to Bar Counsel in writing the dates and nature of every condition that the Respondent claims may have affected his or her professional conduct or is otherwise in issue and for which he or she has received consultation, evaluation, treatment, counseling or other services. For each such condition, the Respondent shall provide to Bar Counsel (1) the name and address of every hospital, doctor, therapist, counselor and other provider from whom the Respondent received any services, (2) all hospital, medical, psychiatric, psychological, counseling and other records and reports in the Respondent's possession and control, (3) an executed release, in a form acceptable to the provider, authorizing Bar Counsel or Bar Counsel's representatives to communicate with and received all available records and information from each provider.

(c) The objections to a witness or exhibit must be specified, and, if an objection is made to the authenticity of a proposed exhibit, must be further supported by a specified good faith basis questioning the authenticity of the document. Objections not made timely and in accordance with these requirements and the prehearing orders are waived. A party shall be precluded from calling any witness and introducing in evidence any document not disclosed by that party in accordance with these requirements and the prehearing orders, except upon a showing that the witness or exhibit was not earlier known to or ascertainable by the party or for other good cause shown.

(7) Confirming or rescheduling the hearing date.

(8) Such other matters as may properly be dealt with to assist in the prompt and orderly conduct and disposition of the proceeding.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. C, § 3.23 - last updated January 01, 2023 | https://codes.findlaw.com/ma/rules-of-the-board-of-bar-overseers/ma-r-bar-overseers-sect-3-23/

Read this complete Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. C, § 3.23 on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Massachusetts Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard