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37 CFR 11.303 : Candor toward the tribunal.

1 Jul 2013
§ 11.303 Candor toward the .

(a) A shall not knowingly:

(1) Make a false statement of fact or law to a or fail to correct a false statement of material fact or law previously made to the by the ;

(2) Fail to disclose to the legal authority in the controlling jurisdiction known to the to be directly adverse to the position of the client and not disclosed by opposing counsel in an inter partes proceeding, or fail to disclose such authority in an ex parte proceeding before the if such authority is not otherwise disclosed; or

(3) Offer evidence that the knows to be false. If a , the 's client, or a witness called by the , has offered material evidence and the comes to know of its falsity, the shall take reasonable remedial measures, including, if necessary, disclosure to the . A may refuse to offer evidence that the reasonably believes is false.

(b) A who represents a client in a proceeding before a and who knows that a intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the .

(c) The duties in paragraphs (a) and (b) of this section continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by § 11.106.

(d) In an ex parte proceeding, a shall inform the of all material facts known to the that will enable the to make an informed decision, whether or not the facts are adverse.

(e) In a proceeding before the , a shall disclose to the information necessary to comply with applicable duty of disclosure provisions.