§ 89.54. Answer.
(a) General rule. Enforcement Rule 208(b)(3) provides that within 20 days after service of the petition, the respondent-attorney shall serve an answer upon Disciplinary Counsel and file the original thereof with the Board. (See also subsection (d) of this section.) Such answer shall be filed with the Board Prothonotary. The respondent-attorney and Disciplinary Counsel may stipulate to only one extension, not to exceed 20 days, of the 20 day period in which to file the answer, which stipulation shall be filed with the Board Prothonotary.
(b) Contents of answer. All answers shall be in writing, and so drawn as fully and completely to advise the participants and the Board as to the nature of the defense. They shall admit or deny specifically and in detail each material allegation of the petition and state clearly and concisely the facts and matters of law relied upon.
(c) Request to be heard in mitigation. The respondent-attorney may include in the answer a request that a hearing be held on the issue of mitigation.
(d) Effect of failure to answer. Enforcement Rule 208(b)(3) provides any factual allegation that is not timely answered shall be deemed admitted.
Source The provisions of this § 89.54 amended January 26, 1990, effective January 27, 1990, 20 Pa.B. 343; amended February 20, 2004, effective February 21, 2004, 34 Pa.B. 948; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363148).
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