Subpoenas and discovery

(a) Oaths and affirmations. Any Hearing Panel member who is authorized by law to do so may administer oaths and affirmations in matters before the Hearing Panel. (b) Subpoenas. (1) For the hearing, Disciplinary Counsel may compel by subpoena the attendance of such witnesses (including the respondent) and the production of such books, papers and documents as are relevant to the issues that are the subject matter of the hearing. (2) After formal proceedings are instituted and at the written request of the respondent, the Subcommittee Chair or Vice Chair shall compel by subpoena the attendance of such witnesses and the production of such books, papers and documents at the hearing as are relevant to the issues that are the subject matter of the hearing. (c) Challenges to subpoenas. Any attack on the validity of a subpoena so issued shall be heard and determined by the Hearing Panel, or by a court in the jurisdiction wherein enforcement of the subpoena is being sought. (d) Enforcement of subpoenas. The Supreme Court may, upon proper application, enforce the attendance and testimony of any witnesses and the production of any documents subpoenaed. (e) Depositions. With the approval of the Hearing Panel, testimony may be taken by deposition or by commission if the witness is not subject to service of subpoena or is unable to attend or testify at the hearing because of age, illness, absence from the State or other compelling reason. A complete record of the testimony so taken shall be made and preserved. (f) Witness fees. Subpoena and witness fees and mileage shall be the same as those provided for proceedings in the Delaware Superior Court. (g) Discovery disputes. Prior to the appointment of a Hearing Panel in a formal proceeding, the Subcommittee Chair shall consider and determine disputes concerning the scope and other aspects of discovery; after such appointment but prior to a hearing, the chair of the Hearing Panel shall consider and determine all such issues, except as otherwise stated in these Rules. All discovery orders are interlocutory and may not be appealed.