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§11.307. Practitioner as witness.

37 C.F.R. § 11.307

(a)
A practitioner shall not act as advocate at a proceeding before a tribunal in which the practitioner is likely to be a necessary witness unless:
(1)
The testimony relates to an uncontested issue;
(2)
The testimony relates to the nature and value of legal services rendered in the case; or
(3)
Disqualification of the practitioner would work substantial hardship on the client.
(b)
A practitioner may act as advocate in a proceeding before a tribunal in which another practitioner in the practitioner's firm is likely to be called as a witness unless precluded from doing so by §§ 11.107 or 11.109.
Notes, amendments, and revision history

Source

Source: 78 FR 20201, Apr. 3, 2013, unless otherwise noted.

Authority

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.

Source

Source: 69 FR 35452, June 24, 2004, unless otherwise noted.