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12211. Direct Communication Between Parties and Arbitrators
(a) This rule provides procedures under which parties and arbitrators may communicate directly.
(b) Only parties that are represented by counsel may use direct communication under this rule. If, during the proceeding, a party chooses to appear without counsel, this rule shall no longer apply.
(c) All arbitrators and all parties must agree to the use of direct communication during the Initial Prehearing Conference or a later conference or hearing before it can be used.
(d) Parties may send the arbitrators only items that are listed in an order.
(e) Parties may send items to the arbitrators by first-class mail, overnight mail service, overnight delivery service, hand delivery, email, or facsimile as specified in the Direct Communication Order. All the arbitrators and parties must have facsimile or email capability before such a delivery method may be used.
(f) Copies of all materials sent to arbitrators must also be served on all parties and filed with the Director, pursuant to Rule 12300.
(g) The parties must file with the Director, pursuant to Rule 12300, copies of any orders and decisions made as a result of direct communications among the parties and the arbitrators.
(h) Parties may not communicate orally with any of the arbitrators outside the presence of all parties.
(i) Any party or arbitrator may terminate the direct communication order at any time, after giving written notice to the other arbitrators and the parties.
Amended by SR-FINRA-2016-029 eff. April 3, 2017.
Amended by SR-FINRA-2008-021 eff. Dec. 15, 2008.
Adopted by SR-NASD-2003-158 eff. April 16, 2007.
Selected Notice: 07-07, 08-57, 17-03.