13309. Amending Pleadings or Filing Third Party Claims
(a) Before Panel Appointment
Except as provided in paragraph (c) of this Rule, a party may amend a pleading or file a third party claim at any time before the panel has been appointed. Panel appointment occurs when the Director sends notice to the parties of the names of the arbitrators appointed to the panel.
(1) Amending Statement of Claim Not Yet Served
To amend a statement of claim that has been filed but not yet served by the Director, the claimant must file the amended claim with the Director. The Director will then serve the Claim Notification Letter or amended statement of claim in accordance with Rules 13300 or 13301.
(2) Amending Any Other Pleading
To amend any other pleading, a party must serve the amended pleading on each party and file the amended pleading with the Director.
(3) Amendments to Add a Party or to File a Third Party Claim; Service on New Party
If a pleading is amended to add a party to the arbitration or to file a third party claim before ranked arbitrator lists are due to the Director, the party amending the pleading or filing a third party claim must serve the new party with the amended pleading or third party claim and all documents previously served by any party, or sent to the parties by the Director, by first-class mail, overnight mail service, overnight delivery service, hand delivery, email or facsimile, and must file proof of service with the Director through the Party Portal. Service by first-class mail or overnight mail service is accomplished on the date of mailing. Service by any other means is accomplished on the date of delivery. The party amending the pleading or filing a third party claim must file the amended pleading or third party claim with the Director through the Party Portal.
(b) After Panel Appointment
A party may only amend a pleading or file a third party claim if the panel grants a motion to amend a pleading or third party claim in accordance with Rule 13503. Motions to amend a pleading or third party claim must include the proposed amended pleading. If the panel grants the motion to amend the pleading or third party claim, the amended pleading or third party claim does not need to be re-served on the other parties, the Director, or the panel, unless the panel determines otherwise.
(c) Amendments to Add a Party or File a Third Party Claim Once Ranked Arbitrator Lists are Due
Once the ranked arbitrator lists are due to the Director under Rule 13404(d), no party may amend a pleading to add a new party to the arbitration or file a third party claim until a panel has been appointed and the panel grants a motion to add the party or file a third party claim. Motions to add a party or file a third party claim after panel appointment must be served on all parties, including the party to be added. The party seeking to amend the pleading may serve the party to be added by first-class mail, overnight mail service, overnight delivery service, hand delivery, email or facsimile. Service by first-class mail or overnight mail service is accomplished on the date of mailing. Service by any other means is accomplished on the date of delivery. The party to be added may respond to the motion in accordance with Rule 13503 without waiving any rights or objections under the Code. The response may be filed with the Director and served on all other parties by first-class mail, overnight mail service, overnight delivery service, hand delivery, email or facsimile.
(d) Responding to an Amended Pleading
Except as provided in Rule 13310, any party may file a response to an amended pleading, provided the response is filed and served within 20 days of receipt of the amended pleading, unless the Director or the panel determines otherwise.
| Amended by SR-FINRA-2022-033. Amended by SR-FINRA-2016-029 eff. April 3, 2017. Amended by SR-FINRA-2008-021 eff. Dec. 15, 2008. Adopted by SR-NASD-2004-011 eff. April 16, 2007. Selected Notices: 07-07, 08-57, 17-03. |