Supreme Court of Missouri
en banc

 
In re:
 
Repeal of subdivision 5.09, entitled "Investigations – Conduct – Subpoenas," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.09, entitled "Investigations – Conduct – Subpoenas."  
 
1. It is ordered that effective January 1, 2014, subdivision 5.09 of Rule 5 be and the same is hereby repealed and a new subdivision 5.09 adopted in lieu thereof to read as follows:

5.09 INVESTIGATIONS – CONDUCT – SUBPOENAS
 
(a) Investigations under this Rule 5 are for the purpose of determining probable cause and may be conducted in a summary and informal manner.
A record of all investigations shall be made.
Persons being investigated are not entitled to be present throughout the investigation.
 
(b) The chief disciplinary counsel, on behalf of the counsel, a disciplinary hearing panel, or any committee or division conducting an investigation, may issue subpoenas for documents and witnesses to testify under oath before the counsel, panel, committee, or division or before a member of the committee or division conducting the investigation.
The chief disciplinary counsel may seek to compel answers to any proper question and may seek enforcement of any such subpoena in this Court, in the circuit court to which this Court refers the matter, or in the circuit court for the county in which the subpoena was served.
 
(c) The chief disciplinary counsel, in aid of lawyer discipline or disability proceedings in another jurisdiction, may issue a subpoena as provided in this Rule 5.09(c). The request for such subpoena must be duly approved under the laws of the requesting jurisdiction and must be made by:  

(1) The disciplinary authority of the requesting jurisdiction, or
 
(2) A respondent in a disciplinary or disability proceeding in the requesting jurisdiction.
The subpoena may compel the attendance of witnesses and production of documents in the county or city in Missouri where the witness resides or is employed or elsewhere as agreed by the witness.  

Service, enforcement, and challenges to a subpoena issued pursuant to this Rule 5.09(c) shall be in accordance with this Rule 5.

 
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
3. It is ordered that this order be published in the South Western Reporter. 

Day – to – Day
 
_____________________
MARY R. RUSSELL
Chief Justice