Notice to Members 99-90

NASD Regulation Announces New Discovery Guide to be Used in Arbitration Proceedings

On September 2, 1999, the Securities and Exchange Commission (SEC) approved the use of the Discovery Guide (see Exhibit I) in National Association of Securities Dealers, Inc. (NASD®) arbitration proceedings involving customer disputes with firms and associated persons. The Discovery Guide is now available to use in NASD arbitration proceedings.

The Discovery Guide, which includes Document Production Lists, provides guidance to parties on which documents they should exchange without arbitrator or staff intervention, and to arbitrators in determining which documents customers and member firms or associated persons are presumptively required to produce in customer arbitrations.

Questions regarding this Notice to Members may be directed to Gary Tidwell, Director, Neutral Management, Office of Dispute Resolution, NASD Regulation, Inc. (NASD Regulation SM), at (212) 858-4352; or Eric Moss, Assistant General Counsel, Office of General Counsel, NASD Regulation, at (202) 728-8982.