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FINRA Arbitrations: Changes in Discovery Process

May 3, 2011

The FINRA Discovery Guide has been expanded and updated, and the changes soon will go into effect - on Monday, 5/16/11.  They will apply to all customer cases.  Besides expanding guidance and updating Document Production Lists, FINRA is consolidating the Document Production Lists from the 14 current Lists - 2 general, 12 separate lists for specific types of claims - to just two lists of “presumptively discoverable” documents. 

One list is for firms/associated persons to produce;  the other is for customers to produce.  Many of the documents on the current Lists are included in the revised Discovery Guide.  Under the revised Guide, FINRA also is requiring parties to produce additional types of documents that forum users have indicated they need to develop a case.  The Discovery Guide was first adopted in 1999 for use in customer arbitration proceedings.

FINRA also is making conforming changes to Rule 12506, Document Production Lists, and Rule 12508, Objecting to Discovery Requests; Waiver of Objection, that reflect the List consolidations.

        FINRA Staff Contacts.   Direct questions to:   Richard Berry, SVP and Director of Case Administration and Regional Office Services, Dispute Resolution (DR) - (212) 858-4307 or richard.berry@finra.org;  or, Margo A. Hassan, Assistant Chief Counsel, DR - (212) 858-4481 or margo.hassan@finra.org.

For additional information, go to:   [Reg Note 11-17, April 2011, "Revised Discovery Guide .."]