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13510. Depositions

This rule is no longer applicable. NASD Rule 13510 has been superseded by FINRA Rule 13510. Please consult the appropriate FINRA Rule.

The Industry Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Industry Code will apply to previously filed claims in which a list of arbitrators must be generated after April 16, 2007; in these cases, however, the claim will continue to be governed by the remaining provisions of the old Code unless all parties agree to proceed under the new code.

Depositions are strongly discouraged in arbitration. Upon motion of a party, the panel may permit depositions, but only under very limited circumstances, including:
  • To preserve the testimony of ill or dying witnesses;

  • To accommodate essential witnesses who are unable or unwilling to travel long distances for a hearing and may not otherwise be required to participate in the hearing;

  • To expedite large or complex cases;

  • In cases involving claims of statutory employment discrimination, if necessary and consistent with the expedited nature of arbitration; and

  • If the panel determines that extraordinary circumstances exist.
Adopted by SR-NASD-2004-011 eff. April 16, 2007.

Selected Notices: 07-07

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