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Investigation, C6S18 CPRA

Section 18, Canon VI

SECTION 18. Investigation. – Upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. However, if despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte. In both instances, the investigation shall proceed with dispatch.
The respondent shall be given full opportunity to defend and be heard, whether through counsel or not, and to present witnesses.
The Investigating Commissioner shall have the power to issue subpoenae and administer oaths and affirmations in relation to the conduct of the proceedings. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Investigation

a. Procedure

1) Investigation

The Investigation Commissioners will proceed with the investigation of the case:

1) Upon joinder of issues; or

2) Upon failure of the respondent to answer.

2) Ex parte proceedings

Ex parte – means “on or from one side or party only”. (Merriam-Webster Online Dictionary)

Ex parte proceedings will proceed if “respondent fails to file an answer or appear” notwithstanding reasonable notice having been made.

3) Full opportunity to defend and be heard

Respondent will be afforded the following:

1) To be given full opportunity to defend and be heard, whether through counsel or not; and

2) To present witnesses.

b. Powers of the Investigating Commissioners

In relation to the conduct of the proceedings, the Investigating Commissioners shall have the power:

1) To issue subpoenae; and

2) To administer oaths and affirmations.

References

Canon VI, 2023 Code of Professional Responsibility

/Updated: December 31, 2023

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