Rules Of Procedure - The State Bar Court Of California .
Rules of Procedureof theState Bar of CaliforniaNovember 18, 2021
Rules of Procedureof theState Bar of CaliforniaWith Amendments Adopted by the Board of Trustees (formerly Board ofGovernors) Effective January 1, 2011, with subsequent revisionsTitle 5:DisciplineDivision 1General Rules Case ProcessingDivision 2Case ProcessingDivision 3Review Department and PowersDelegated by Supreme CourtDivision 4Involuntary Inactive EnrollmentProceedingsDivision 5Probation ProceedingsDivision 6Special ProceedingsDivision 7Regulatory ProceedingsTitle III:General ProvisionsTitle IV:Standards for Attorney Sanctions forProfessional Misconduct
PREFACEThe Rules of Procedure of the State Bar of California are adopted by the Board of Trustees(formerly Board of Governors) of the State Bar in order to facilitate and govern proceedingsconducted through the State Bar Court and otherwise. On September 22, 2010, the Boardapproved amendments to the rules that govern procedures in the State Bar Court. Theamendments involve some substantive changes, as well as reordering and renumbering of therules to make them clearer, better organized and easier to read.Effective January 1, 2011, the amended rules will apply to all pending and future matters filed inthe State Bar Court, except as to:1. Hearing Department proceedings in which the taking of testimony or the offering ofevidence at trial has commenced;2. Review Department matters in which a request for review is filed prior to January 1,2011; and3. Any other particular proceeding pending as of the effective date in which the Courtorders the application of former rules based on a determination that injustice wouldotherwise result.The amended rules (rules 5.1 to 5.466) are found in Title 5 and conform to the neworganizational structure for all the Rules of the State Bar. The revised rules begin with thenumber 5 (for Title 5), which is followed by a period and then a sequential number.
TABLE OF CONTENTSTITLE 5 – DISCIPLINEDIVISION 1GENERAL RULESRule 5.1Rule 5.2Rule 5.3Rule 5.4Rule 5.5Rule 5.6Rule 5.7Rule 5.8Rule 5.9Rule 5.10Rule 5.11Rule 5.12Rule 5.13Rule 5.14Rule 5.15Rule 5.16Title and AuthorityAuthority to AdoptOrdinary MeaningsDefinitionsReferences to Statutes and RulesScopeAssignment of Judges Pro TemporeDisposition of Pending Matters After a Judge’s Term ExpiresPublic Nature of State Bar Court ProceedingsConfidential ProceedingsPublic Records Concerning ResignationsOrder Sealing Portions of the RecordDeliberations Are Not PublicRecorded or Reported ProceedingsPreparation of TranscriptsPhotographs, Recordings, and Broadcasts of State Bar Court ProceedingsDIVISION 2CASE PROCEEDINGSChapter 1Commencement of ProceedingsRule 5.20Rule 5.21Rule 5.22Rule 5.23Rule 5.24Rule 5.25Rule 5.26Rule 5.26.1Rule 5.26.2Rule 5.27Rule 5.27.1Rule 5.28Rule 5.29Rule 5.30Rule 5.31Beginning ProceedingLimitations PeriodVenueTransfer of VenueWhere to File PleadingsService of Initial PleadingService of Later PleadingsElectronic Service by Parties or CourtElectronic SignatureProof of ServiceProof of Electronic ServiceComputing TimeOrders Shortening or Extending Time; Late FilingPrefiling; Early Neutral Evaluation ConferenceChange of Counsel of Recordi
Chapter 2Pleadings, Motions, and StipulationsRule 5.40Rule 5.41Rule 5.42Rule 5.43Rule 5.44Rule 5.44.1Rule 5.45Rule 5.46Rule 5.47Rule 5.48Rule 5.49Rule 5.50Rule 5.51Rule 5.52Rule 5.52.1Rule 5.52.2Rule 5.52.3Rule 5.52.4Rule 5.52.5Rule 5.52.6Rule 5.53Rule 5.54Rule 5.55Rule 5.56Rule 5.57Rule 5.58General Rules of PleadingsNotice of Disciplinary ChargesMotions that Extend Time to File ResponseResponse to Notice of Disciplinary ChargesAmended PleadingsStatus ConferencesMotionsDisqualifying a ntal IncapacityMilitary ServiceSettlement ConferenceSettlement Conference JudgeNotice of Designation of Settlement JudgeMeet and ConferSettlement Conference StatementsConfidentiality of Settlement ConferencesStipulations GenerallyStipulations to Facts OnlyStipulations to Facts and Conclusions of LawStipulations to Facts, Conclusions of Law, and DispositionStipulations to DispositionApproval of Stipulations by a Hearing JudgeChapter 3Subpoenas and DiscoveryRule 5.60Rule 5.61Rule 5.62Rule 5.63Rule 5.64Rule 5.65Rule 5.65.1Rule 5.66Rule 5.67Rule 5.68Rule 5.69Rule 5.70Rule 5.71Investigation SubpoenasDiscovery Subpoenas and DepositionsTrial SubpoenasProceedings on Motion to Quash SubpoenaApproved Subpoena FormsDiscovery ProceduresExpert Disclosure / DiscoveryMotion to Request Other DiscoveryProhibited DiscoveryPhysical and Mental ExaminationsMotions to Compel Discovery and SanctionsContempt ProceedingsDiscovery Reviewii
Chapter 4DefaultsRule 5.80Rule 5.81Rule 5.82Rule 5.83Rule 5.84Rule 5.85Rule 5.86Default Procedure for Failure to File Timely ResponseDefault Procedure for Failure to Appear at TrialEffects of DefaultVacating or Setting Aside DefaultInterlocutory Review of Orders Denying or Granting Relief from DefaultPetition for Disbarment After DefaultReview of Orders on Petitions for DisbarmentChapter 5TrialsRule 5.100Rule 5.101Rule 5.101.1Rule 5.101.2Rule 5.102Rule 5.102.1Rule 5.102.2Rule 5.103Rule 5.104Rule 5.105Rule 5.106Rule 5.107Rule 5.108Rule 5.109Rule 5.110Rule 5.111Rule 5.112Rule 5.113Rule 5.114Rule 5.115Obligation to Appear at TrialPretrial Statements and Pretrial ConferencesTrial ExhibitsObjections to Proposed ExhibitsTrialOrder of Proof in Disciplinary ProceedingOrder of Proof in Other ProceedingsThe State Bar’s Burden of ProofEvidenceEvidence of Client Security Fund ProceedingsPrior Record of DisciplineVictim’s Impact StatementAdmissibility of ComplaintsAlleged Misconduct of Another AttorneyFailure to Meet Burden of ProofSubmission and DecisionPost-trial Motions in the Hearing DepartmentMotion to Reopen RecordMotion for New TrialMotion for ReconsiderationChapter 6Disposition and CostsRule 5.120Rule 5.121Rule 5.122Rule 5.123Rule 5.124Rule 5.125Rule 5.126Rule 5.127Rule 5.128Rule 5.129Rule 5.130Sending Disciplinary Recommendations to the Supreme CourtWaiver of Review by Review DepartmentTypes of Resolution; Procedure; ReviewDismissal With or Without Prejudice; EffectGrounds for DismissalTermination Because of DeathAdmonitionPublic and Private ReprovalsReprovals with ConditionsCertification and Assessment of CostsOrder Assessing Costs Against Disciplined or Resigning Respondentiii
Rule 5.131Rule 5.132Rule 5.133Rule 5.134Rule 5.135Rule 5.136Rule 5.137Rule 5.138Rule 5.139Award of Costs to Respondent Exonerated of All Charges After TrialStipulating to Relief from Payment of Costs or Extension of Time to PayCostsApproval of Agreements to Compromise Judgments for ClientSecurity Fund Payments and AssessmentsEffect of Default on Installment PaymentsMandatory Remedial Education in EthicsReimbursement to Client Security FundImposition and Payment of Monetary Sanctions(Bus. & Prof. Code, § 6086.13.)Motions for Relief from Complying or Extension of Time to Comply withOrder Imposing Monetary SanctionsStipulating to Relief from Payment of Monetary Sanctions or Extension ofTime to Pay Monetary SanctionsDIVISION 3REVIEW DEPARTMENT AND POWERS DELEGATED BYSUPREME COURTRule 5.150Rule 5.151.1Rule 5.151.2Rule 5.152Rule 5.152.1Rule 5.153Rule 5.154Rule 5.155Rule 5.156Rule 5.157Rule 5.158Rule 5.159Rule 5.160Rule 5.161Rule 5.162Petition for Interlocutory Review and for Review of Specified MattersNumber of Copies of Filed DocumentsRecord on ReviewAppellant’s BriefLate Filings, Extensions of Time, Continuances, and PreferenceSubsequent BriefsOral Argument Before Review DepartmentActions by Review DepartmentAdditional Evidence Before Review DepartmentSummary Review ProgramReconsideration of Review Department ActionsReview Department Opinions as PrecedentSettlement Conferences on ReviewExercise of Powers Delegated by Supreme CourtMotions for Relief under California Rules of Court, Rule 9.10DIVISION 4INVOLUNTARY INACTIVE ENROLLMENT PROCEEDINGSChapter 1Bus. & Prof. Code § 6007(b)(1): Insanity or Mental IncompetenceRule 5.170Rule 5.171Rule 5.172Rule 5.173Rule 5.174Rule 5.175Rule 5.176Rule 5.177Nature of ProceedingBeginning ProceedingProceedings on Motion; Actions Taken by CourtProceedings on Order to Show CauseRepresentation by CounselEffective DateReviewInapplicable Rulesiv
Chapter 2Bus. & Prof. Code § 6007(b)(2): Assumption of Jurisdiction Over LawPracticeRule 5.180Rule 5.181Rule 5.182Rule 5.183Rule 5.184Rule 5.185Rule 5.186Nature of ProceedingBeginning ProceedingProceedings on MotionOrder of Involuntary Inactive EnrollmentEffective DateReviewInapplicable RulesChapter 3Bus. & Prof. Code § 6007(b)(3): Mental Infirmity, Illness, or Habitual Useof IntoxicantsRule 5.190Rule 5.191Rule 5.192Rule 5.193Rule 5.194Rule 5.195Rule 5.196Rule 5.197Rule 5.198Rule 5.199Nature of ProceedingBeginning ProceedingRepresentation by CounselFailure to Comply with Order for Physical or Mental ExaminationStipulation for Transfer to Inactive EnrollmentHearing on MeritsDecisionEffective DateReviewInapplicable RulesChapter 4Bus. & Prof. Code § 6007(b): Transfer from Inactive to Active EnrollmentRule 5.205Rule 5.206Rule 5.207Rule 5.208Rule 5.209Rule 5.210Rule 5.211Rule 5.212Petition for Transfer to Active EnrollmentMedical and Hospital RecordsStipulation for Transfer to Active EnrollmentHearing on PetitionDecisionTransfer to Active StatusReviewInapplicable RulesChapter 5Bus. & Prof. Code § 6007(c)(1): Failure to Maintain Address of RecordRule 5.215Rule 5.216Rule 5.217Rule 5.218Rule 5.219Rule 5.220Rule 5.221Nature of ProceedingIssuesApplication for Involuntary Inactive EnrollmentHearingOrder to Transfer to Inactive EnrollmentReviewInapplicable Rulesv
Chapter 6Bus. & Prof. Code § 6007(c)(1)-(3): Threat of HarmRule 5.225Rule 5.226Rule 5.227Rule 5.228Rule 5.229Rule 5.230Rule 5.231Rule 5.232Rule 5.233Rule 5.234Nature of ProceedingApplication for Involuntary EnrollmentAttorney’s Response to Application and Right to HearingStipulation to Involuntary Inactive EnrollmentExpedited HearingEvidenceDecision; Denial Without PrejudiceReviewInapplicable RulesBeginning Disciplinary Proceeding after Involuntary Inactive EnrollmentGrantedAllegations in Notice of Disciplinary ChargesExpedited Disciplinary ProceedingsUndue DelayReview of Order on Motion for Transfer to Active EnrollmentRule 5.235Rule 5.236Rule 5.237Rule 5.238Chapter 7Bus. & Prof. Code § 6007(c)(2): Transfer from Inactive to ActiveEnrollmentRule 5.240Rule 5.241Rule 5.242Rule 5.243Rule 5.244Rule 5.245PetitionStipulationsDecision; Denial Without PrejudiceLimitations on Effect of TransferReviewInapplicable RulesChapter 8Bus. & Prof. Code § 6007(e): Failure to File a Response in a DisciplinaryProceeding; TerminationRule 5.250Rule 5.251Rule 5.252Rule 5.253Conditions for Involuntary Inactive EnrollmentTermination of Involuntary Inactive EnrollmentNo Hearing RequiredApplicable RulesChapter 9Bus. & Prof. Code § 6007(h): Interim RemediesRule 5.255Rule 5.256Rule 5.257Rule 5.258Interim Remedies as Alternative to Involuntary Inactive EnrollmentProceedings Seeking Interim Remedies OnlyApplication for Interim RemediesApplication Based Solely on Allegations under Business and ProfessionsCode § 6007(b)(3)ResponseStipulationRule 5.259Rule 5.260vi
Rule 5.261Rule 5.262Rule 5.263Rule 5.264Rule 5.265HearingBurden of ProofDecisionReviewInapplicable RulesChapter 10Change or Termination of Interim RemediesRule 5.270Rule 5.271Rule 5.272Rule 5.273Rule 5.274Rule 5.275Rule 5.276Rule 5.277Rule 5.278ScopeFiling and Service of MotionResponseStipulationHearingBurden of ProofDecisionReviewInapplicable RulesDIVISION 5PROBATION PROCEEDINGSChapter 1Probation Modification and Early Termination ProceedingsRule 5.300Rule 5.301Rule 5.302Rule 5.303Rule 5.304Rule 5.305Rule 5.306Motions for Modification or Early Termination of ProbationStipulation to Modification or Early Termination of ProbationBurden of Proof; Discovery; EvidenceRuling on MotionForm of RulingReviewInapplicable RulesChapter 2Probation Revocation ProceedingsRule 5.310Rule 5.311Probation Revocation ProceedingsBurden of Proof in Probation Revocation Proceedings; ExpeditedProceedingDiscipline Recommended in Probation Revocation ProceedingsConsolidation of Probation Revocation ProceedingsConduct of Probation Revocation ProceedingsInvoluntary Inactive Enrollment in Probation MattersReviewApplicable RulesRule 5.312Rule 5.313Rule 5.314Rule 5.315Rule 5.316Rule 5.317vii
DIVISION 6SPECIAL PROCEEDINGSChapter 1Rule 9.20 ProceedingsRule 5.330Rule 5.331Rule 5.332Rule 5.333Rule 5.334Rule 5.335Rule 5.336Rule 5.337Nature of ProceedingDefinitionsFiling and Service of Declarations of ComplianceTime for Filing Proceeding Based on Untimely or Formally DefectiveDeclarationNotice of Disciplinary Charges; Initial PleadingResponse to Notice of Disciplinary ChargesRecordExpedited Proceeding; Limited DiscoveryChapter 2Conviction ProceedingsRule 5.340Rule 5.341Rule 5.342Rule 5.343Rule 5.344Rule 5.345Rule 5.346Rule 5.347Nature of ProceedingsBeginning ProceedingsInterim Suspension or Involuntary Inactive EnrollmentSummary DisbarmentFinal ConvictionsHearing Department ProceedingsDefaultsApplicable RulesChapter 3Proceedings Based on Professional Misconduct in Another JurisdictionRule 5.350Rule 5.351Rule 5.352Rule 5.353Rule 5.354Scope and Nature of ProceedingHow Commenced; Notice of Disciplinary Charges; ResponseNo Formal Discovery Except for Good Cause ShownRecordApplicable RulesChapter 4Fee Arbitration Award Enforcement ProceedingsRule 5.360Rule 5.361Rule 5.362Nature of Proceeding; DefinitionsInitial Pleading; ServiceResponse; Failure to File Response; Amending orSupplementing Initial PleadingWithdrawal of MotionRequest for Hearing; Waiver of HearingBurden of ProofDiscoveryHearing Procedure; EvidenceRuling on Motion; CostsReviewRule 5.363Rule 5.364Rule 5.365Rule 5.366Rule 5.367Rule 5.368Rule 5.369viii
Rule 5.370Rule 5.371Termination of Inactive EnrollmentInapplicable RulesChapter 5Alternative Discipline ProgramRule 5.380Rule 5.381Rule 5.382Rule 5.383Rule 5.384Rule 5.385Rule 5.386Rule 5.387Rule 5.388Rule 5.389Purpose of Program; AuthorityEligibility to Apply for Participation in ProgramAcceptance for Participation in ProgramDisqualification of Program Judge in Standard ProceedingDisposition; Deferral of ImpositionTerm of Participation in ProgramEffect of Later Proceedings on Program ParticipationTermination from ProgramConfidentialityReviewChapter 6Legal Specialization ProceedingsRule 5.390Rule 5.391Rule 5.392Rule 5.393Rule 5.394Rule 5.395Rule 5.396Rule 5.397Rule 5.398Rule 5.399ScopeBeginning Proceeding; Time for FilingResponse to ApplicationDiscoveryIssues Not Subject to ReviewHearing Procedure; EvidenceBurden of ProofReviewEffect of State Bar Court DecisionInapplicable RulesDIVISION 7REGULATORY PROCEEDINGSChapter 1Proceedings to Demonstrate Rehabilitation, Fitness, and PresentLearning and Ability in the Law according to Standard 1.2(c)(1)Rule 5.400Rule 5.401Rule 5.402Rule 5.403Rule 5.404Rule 5.405Rule 5.406Rule 5.407Rule 5.408Rule 5.409Rule 5.410Rule 5.411Scope and Expedited Nature of ProceedingPetition for Relief from Actual SuspensionEarliest Time for FilingResponse; Request for HearingBurden of ProofDiscoveryDocumentary EvidenceTestimonial EvidenceDecisionReviewTermination of Actual SuspensionApplicable Rulesix
Chapter 2Resignation ProceedingsRule 5.420Rule 5.421Rule 5.422Rule 5.423Rule 5.424Rule 5.425Rule 5.426Rule 5.427Resignation with Charges PendingPerpetuation of EvidenceNotice of Intent to Perpetuate EvidencePerpetuation ProcedureReport of CompletionUse of Perpetuated EvidenceInapplicable RulesProcedure for Consideration and Transmittal of Resignations withDisciplinary Charges PendingChapter 3Reinstatement ProceedingsRule 5.440Rule 5.441Rule 5.442Rule 5.443Rule 5.444Rule 5.445Rule 5.446Rule 5.447Beginning ProceedingFiling RequirementsEarliest Time for Filing Reinstatement PetitionInvestigation and DiscoveryNotice of Hearing; PublicationBurden of ProofDefaultsApplicable RulesChapter 4Moral Character ProceedingsRule 5.460Rule 5.461Rule 5.462Rule 5.463Rule 5.464Rule 5.465Rule 5.466ScopeBeginning Proceeding; Time for FilingTime to Complete Investigation; Response to ApplicationDiscoveryAbatement of ProceedingEffect of State Bar Court DecisionInapplicable Rulesx
TITLE III – GENERAL PROVISIONSThe rules in Title III were not included in the rule revisions adopted by the Board of Trusteeseffective January 1, 2011. The rule numbers and language of Title III remain the same and willremain in effect in their current form. To the extent any rule of procedure is referenced withinTitle III, that rule shall be applicable in its revised form.DIVISION ISTATE BAR COURTRule 1000Rule 1001Rule 1005Rule 1010Rule 1011Rule 1013Rule 1014Rule 1015Rule 1016State Bar CourtDepartments of the State Bar CourtOathExecutive CommitteeCourt MeetingsPresiding Judge DutiesSupervising Judge of the Hearing DepartmentAdjudicatory IndependenceAdministrative FunctionsDIVISION IICHIEF TRIAL COUNSELChapter 1Chief Trial CounselRule 2101Authority of the Office of Chief Trial CounselChapter 2Special Deputy Trial CounselRule 2201Appointment and AuthorityChapter 3ConfidentialityRule 2301Rule 2302RecordsDisclosure of InformationChapter 4InvestigationsRule 2401Rule 2402Rule 2403Rule 2404Rule 2406Rule 2407Rule 2408Purpose of InvestigationInitiation of Inquiry or InvestigationComplaintCommunications Concerning the Conduct of AttorneysEffect of Communication to the State BarClosure for Failure to Provide AssistanceEffect of Restitution or Settlement; Unwillingness of Complainant toProceedAttorney’s Response to AllegationsCommunications with Current Clients of an AttorneyRule 2409Rule 2410xi
Chapter 5Subpoenas and DepositionsRule 2501Rule 2502Rule 2503Forms for SubpoenasInvestigation DepositionsTrust Account Financial RecordsChapter 6Disposition of Inquiries, Complaints and InvestigationsRule 2601Rule 2602Rule 2603Rule 2604Rule 2605Closure of Inquiries, Complaints and InvestigationsDisposition by AdmonitionReopening Inquiries, Investigations and ComplaintsFiling Notices of Disciplinary ChargesVexatious ComplainantsDIVISION III – OFFICE OF PROBATIONRule 2701Rule 2702Rule 2703Office of ProbationDuties of Probation Monitor RefereesConfidentiality of Probation FilesDIVISION IV – DISQUALIFICATION AND MCLE CREDITChapter 1DisqualificationRule 3101Disqualification of Certain PersonsChapter 2Minimum Continuing Legal Education CreditRule 3201Minimum Continuing Legal Education CreditDIVISION V – PROVISIONS APPLICABLE TO VARIOUS PROCEEDINGSChapter 1Discipline Audit PanelChapter 2Lawyer Referral Service ProceedingsRule 4201Rule 4202Rule 4203Rule 4204Rule 4205Rule 4206Rule 4207Rule 4208ScopeBeginning Proceeding; Time for Filing; Appearance by CounselResponse to Petition for ReviewHearing ProcedureBurden of Proof; Discovery; EvidenceReviewEffect of State Bar Court DecisionApplicable Rulesxii
Chapter 3Legal Services Trust Fund ProceedingsRule 4301Rule 4302Rule 4303Rule 4304Nature of ProceedingsInitiation of ProceedingsAppearance by CounselApplicable RulesChapter 4Rule 4401Rule 4402Rule 4403Rule 4404Rule 4405Rule 4406Rule 4407Rules for Administration of the State Bar Alternative Dispute ResolutionClient-Attorney Mediation Program (ADRCAMP)AuthorityPurpose of ProgramStandards to be Considered for ADRCAMP ReferralGuidelines for Referral to ADRCAMPPost-Mediation Procedures – ADRCAMPPost-Mediation Procedures – Office of Chief Trial CounselMaterialsTITLE IV – STANDARDS FOR ATTORNEY SANCTIONSFOR PROFESSIONAL MISCONDUCTIntroductionPart AStandards in generalStandard 1.1Standard 1.2Standard 1.3Standard 1.4Standard 1.5Standard 1.6Standard 1.7Standard 1.8Purposes and scope of standardsDefinitionsDegrees of sanctionsConditions attached to sanctionsAggravating circumstancesMitigating circumstancesDetermination of appropriate sanctionsEffect of prior disciplinePart BSanctions for specific misconductStandard 2.1Standard 2.2Standard 2.3Standard 2.4Standard 2.5Standard 2.6Standard 2.7Standard 2.8Standard 2.9MisappropriationCommingling and other trust account violationsIllegal or unconscionable feeBusiness transactions, pecuniary interests adverse to a clientRepresentation of adverse interests and conflicts of interestBreach of confidentiality or misuse of confidential informationPerformance, communication or withdrawal violationsPartnership or fee-splitting with non-lawyersFrivolous litigationxiii
Standard 2.10Standard 2.11Standard 2.12Standard 2.13Standard 2.14Standard 2.15Standard 2.16Standard 2.17Standard 2.18Standard 2.19Standard 2.20Standard 2.21Unauthorized practice of lawMoral turpitude, dishonesty, fraud, corruption, or concealmentViolation of oath or duties of an attorneySexual relations with clientsViolation of conditions attached to disciplineCriminal convictions involving moral turpitudeCriminal convictions not involving moral turpitudeCriminal conviction for specific misdemeanorsViolation of other Article 6 statutesViolation of rules in generalViolation of a criminal act that reflects adversely on the lawyer’s honestyor fitness as a lawyer in other respectsConduct prejudicial to the administration of justicexiv
TITLE 5. DISCIPLINERules of Procedure of the State Bar of CaliforniaAdopted effective January 1, 2011 and amended as indicated below.Division 1. General RulesRule 5.1 Title and AuthorityThese rules are the Rules of Procedure of the State Bar of California.Rule 5.2 Authority to AdoptThese rules are adopted by the Board of Trustees of the State Bar under Business and ProfessionsCode § 6086 to facilitate and govern proceedings in the State Bar Court, the Office of Chief TrialCounsel and the Office of Probation.Rule 5.3 Ordinary MeaningsAll terms used in these rules have their ordinary meanings unless specifically defined otherwise.Some definitions may be limited to the rules in which they appear.Rule 5.4 DefinitionsThese definitions apply to all rules, unless otherwise stated. Defined terms are not capitalizedunless they are proper names.(1) “Appellant” means a party who makes a request for review or summary review by the ReviewDepartment.(2) “Appellee” means a party opposing an appellant in a State Bar Court proceeding.(3) “Applicant” means a party seeking admission to the State Bar in a moral character proceedingunder these rules.(4) “Assigned judge” means the hearing judge assigned to adjudicate a State Bar Courtproceeding.(5) “Attorney” means an attorney subject to the disciplinary or regulatory jurisdiction of the StateBar.(6) “Board of Trustees” means the Board of Trustees of the State Bar or its designee.(7) “Board of Trustees Discipline Oversight Committee” means the committee designated by theBoard of Trustees to address attorney discipline matters.1
(8) “California State Bar Court Reporter” means the publication of the State Bar of Californiacontaining the opinions of the State Bar Court, Review Department.(9) “Chief Trial Counsel” means the chief trial counsel of the State Bar appointed in accordancewith Business and Professions Code § 6079.5, or the counsel’s designee.(10) “Clerk” means the Clerk of the State Bar Court or the clerk’s designee.(11) “Client Security Fund” means the Client Security Fund established by the State Bar underBusiness and Professions Code § 6140.5 to compensate victims of attorney dishonesty.(12) “Committee of Bar Examiners” means the committee appointed by the Board of Trusteesunder Business and Professions Code §§ 6046–6046.5 to address admissions matters.(13) “Consumer” means a consumer within the meaning of Code of Civil Procedure §1985.3(a)(2).(14) “Complaint” means a communication alleging misconduct by a State Bar attorney sufficientto warrant an investigation that may result in discipline of the attorney if the allegations areproved.(15) “Complainant” means a person who alleges misconduct by a State Bar attorney.(16) “Confidential Information” means (a) sensitive personally identifiable information of anyindividual, including but not limited to social security numbers, dates of birth, home addresses,driver’s license numbers, names of minor children, and medical information (includinginformation regarding mental health and substance abuse); and (b) personally identifiablefinancial information such as bank or other financial account numbers, including routingnumbers. Such information should be redacted in any document, including but not limited topleadings and exhibits, meant to become part of the court record, unless accompanied by amotion to seal or filed in a confidential proceeding. Social security numbers and accountnumbers can be redacted to show the last four digits.(17) “Confidential Proceeding” means any proceeding so defined by rule or statute as beingconfidential. Confidential proceedings will not appear on the State Bar Court’s publiclyaccessible portal or docket.(18) “Counsel” means an active attorney of the State Bar, or an attorney admitted pro hac vice,who is counsel of record for a party in a State Bar Court proceeding.(19) “Court” means the State Bar Court, Hearing Department, Review Department, or anyassociated judge.2
(20) “Court days” are the days that the State Bar Court is open for business, published in anannual calendar that indicates holidays and is available from the Clerk.(21) “Customer” means a customer within the meaning of Government Code § 7465.(22) “Days” are all calendar days, including days on which the State Bar Court is not open forbusiness.(23) “Declaration” means an affidavit or writing that complies with the requirements of Code ofCivil Procedure § 2015.5.(24) “Deputy Trial Counsel” means the attorney from the Office of Chief Trial Counsel whorepresents the State Bar in a State Bar Court proceeding – other than the Chief Trial Counsel.(25) “Disciplinary proceeding” means a proceeding initiated for the purpose of seeking theimposition of discipline against a State Bar attorney.(26) “Document” means any submission in paper format or any electronic submission that iscapable of being read using software in the public domain or generally available at a reasonablecost and is text searchable when technologically feasible without impairment of the document’simage.(27) “Electronic notification” means the notification of the party or other person that adocument is served by sending an electronic message to the electronic address at or throughwhich the party or other person has authorized electronic service, specifying the exact name ofthe document served, and providing a hyperlink at which the served document may be viewedand downloaded. A party or other person that serves a document by means of electronicnotification must maintain the availability of the original document served, without any changeor alteration, at the hyperlink until final disposition of the matter.(28) “Electronic service,” or “serve electronically,” means service of a document, on a party orother person, by either electronic transmission or electronic notification. Electronic service maybe performed directly by a party or other person, by an agent of a party or other person,including the party or other person’s attorney, or through an electronic filing service provider.Prior consent of the party or other person to be served electronically is not required to servedocuments as provided in these rules.(29) “Electronic service address” means an email address at or through which the party or otherperson is deemed to have authorized electronic service. The initial electronic service address, asset forth below, is deemed valid for a party or other person if the party or other person has notfiled and served notice of a change of electronic service address pursuant to subdivision (E) ofrule 5.26.1:(a) For employees of the Office of Chief Trial Counsel, the State Bar email address,(b) For State Bar licensees, the email address provided to the State Bar to facilitatecommunications by the State Bar with its licensees pursuant to rule 9.9(a)(2) of the3
California Rules of Court, and(c) For other parties and persons, including Special Deputy Trial Counsel handling matterspursuant to rule 2201, the email address provided to the court and all parties forservice of documents.(30) “Electronic signature” means an electronic sound, symbol, or process attached to orlogically associated with an electronic record and executed or adopted by a person with theintent to sign a document or record created, generated, sent, communicated, received, orstored by electronic means. Electronic signature includes a copy of an original signature placedinto the document by electronic means and includes a typographic signature that includes “/s/”followed by the signer’s name, e.g., “/s/ John Doe.” For purposes of these rules, a “digitalsignature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type ofelectronic signature. A typewritten name created in a word processing program, regardless ofthe use of a cursive font, that is not preceded by “/s/” is not an electronic signature unless itotherwise complies with Government Code section 16.5.(31) “Electronic transmission” means the transmission of a document by electronic means to anelectronic service address.(32) “Executive Committee” means the committee of the State Bar Court appointed by thePresiding Judge under Business and Professions Code § 6086.65(b).(33) “Executive Director” means the Chief Executive Officer of the State Bar or the officer’sdesignee.(34) “Financial institution” has the meaning provided in Government Code § 7465(a).(35) “Formal proceeding” means a proceeding in the State Bar Court, including any disciplinaryproceeding.(36) “General Counsel” means the General Counsel of the State Bar or the counsel’s designee.(37) “Hearing” means a proceeding on the record before a judge of the Hearing Department,including:(a) a conference – but not a settlement conference;(b) a hearing on a motion;(c) evidentiary hearing;(d) a trial; or(e) any other pro
Rule 5.124 Grounds for Dismissal Rule 5.125 Termination Because of Death Rule 5.126 Admonition Rule 5.127 Public and Private Reprovals Rule 5.128 Reprovals with Conditions Rule 5.129 Certification and Assessment of Costs Rule 5.130 Order Assessing Costs Against Disciplined or Resigning Respondent
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Chính Văn.- Còn đức Thế tôn thì tuệ giác cực kỳ trong sạch 8: hiện hành bất nhị 9, đạt đến vô tướng 10, đứng vào chỗ đứng của các đức Thế tôn 11, thể hiện tính bình đẳng của các Ngài, đến chỗ không còn chướng ngại 12, giáo pháp không thể khuynh đảo, tâm thức không bị cản trở, cái được
Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. Crawford M., Marsh D. The driving force : food in human evolution and the future.
Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. 3 Crawford M., Marsh D. The driving force : food in human evolution and the future.
