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12513. Authority of Panel to Direct Appearances of Associated Person Witnesses and Production of Documents Without Subpoenas

This rule is no longer applicable. NASD Rule 12513 has been superseded by FINRA Rule 12513. Please consult the appropriate FINRA Rule.

The Customer Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Customer 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.

(a) Upon motion of a party, the panel may order the following without the use of subpoenas:
•  The appearance of any employee or associated person of a member of NASD; or
•  The production of any documents in the possession or control of such persons or members.
(b) Unless the panel directs otherwise, the party requesting the appearance of witnesses by, or the production of documents from, non-parties under this rule shall pay the reasonable costs of the appearance and/or production.
Adopted by SR-NASD-2003-158 eff. April 16, 2007.

Selected Notices: 07-07

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