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South Carolina
JUDICIAL DEPARTMENT
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RULE 24
FAILURE TO ANSWER; FAILURE TO APPEAR

(a)     Failure to Answer. Failure to answer the formal charges shall constitute an admission of the allegations. On motion of disciplinary counsel, the administrative chair may issue a default order setting a hearing to determine the appropriate sanction to recommend to the Supreme Court. The Commission shall notify the parties of the date and time of the hearing and shall permit them to submit evidence regarding aggravation and mitigation of sanction. A respondent held in default shall not be permitted to offer evidence to challenge the allegations contained in the formal charges deemed admitted by this rule.

(b)     Failure to Appear. If the respondent should fail to appear when specifically so ordered by the hearing panel or the Supreme Court, the respondent shall be deemed to have admitted the factual allegations which were to be the subject of such appearance and to have conceded the merits of any motion or recommendations to be considered at such appearance. Absent good cause, the hearing panel or Supreme Court shall not continue or delay proceedings because of the respondent's failure to appear. If the hearing panel determines that the respondent's failure to appear was willful, it shall immediately notify the Supreme Court, which may issue an order of interim suspension pursuant to Rule 17(c). A willful failure to appear before a hearing panel or the Supreme Court may be punished as a contempt of the Supreme Court and may result in an order of interim suspension.

Amended by Order dated October 9, 2013.