37 CFR 11.307: Practitioner as witness

Taken from the USPTO's TM Federal Statutes and Rules, Last Revised in January 2018

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§11.307    Practitioner as witness.

  • (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.

[Added 78 FR 20180, April 3, 2013, effective May 3, 2013]