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RULE 83.6.12 GENERAL PROVISIONS

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(a) Court's Inherent Power. Nothing in these rules deprives this court of its inherent power to regulate the admission, practice, and discipline of attorneys practicing before it.

(b) Statute of Limitations. No statute of limitations bars any proceeding under these disciplinary rules.

(c) Deferral and Abatement. Processing of disciplinary complaints must not be deferred or abated because of substantial similarity to the material allegations of pending civil or criminal litigation unless expressly authorized by the Disciplinary Panel. Abatement of a complaint is not justified by:
(1) unwillingness or neglect of a complainant to sign a complaint or to prosecute a charge;
(2) settlement or compromise between the complainant and the attorney; or
(3) restitution by the attorney.

(d) Time Limitations. Except as otherwise provided in these rules, time limitations are directory and not jurisdictional.

(e) Deviation From Rules. Any deviation from the rules and procedures set forth in these rules is neither a defense in a disciplinary proceeding nor grounds for dismissal of any complaint absent actual prejudice to the respondent. The respondent must show any such prejudice by clear and convincing evidence.

(f) Judicial Immunity. Complaints, reports, or testimony in the course of disciplinary proceedings under these rules are deemed to be made in the course of judicial proceedings. All participants are entitled to judicial immunity and all rights, privileges, and immunities afforded public officials and other participants in actions filed in the courts of Kansas.

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As amended 11/16/90.