Call Now For a Free Consultation:
(614) 532-4576
Nationwide Representation

The Discovery Process in FINRA Arbitration

Consult with Our Legal Team
There is never a cost associated with a consultation
Common Questions
For The Advocacy You Deserve Contact Us Today!
We’ll respond and let you know the best way to proceed with your case.

What Is the Discovery Process for FINRA Arbitration?

After your FINRA arbitration claims have been filed, your case will proceed to what is called the “discovery” process. It is during the discovery process that the parties work to obtain facts and information from the other parties in the case in order to support their claims and defenses and prepare for the final arbitration hearing. FINRA has specific rules governing the discovery process, including making discovery requests, responding to discovery requests, objecting to discovery requests, and resolving discovery disputes between parties, including issuing sanctions against parties for discovery abuses.

With regard to discovery requests, FINRA has declared that certain documents are presumptively discoverable in all customer disputes. This includes a list of documents that brokerage firms are expected to produce in customer disputes, as well as a separate list of documents that investors are expected to produce. Such documents include new account forms, any contracts signed by the customer, notes maintained by the broker or brokerage firm, emails between the parties, and the customer’s tax returns.

When it comes to responding to discovery requests, FINRA states that:

"[A] party may object to a discovery request if it asks the party to provide documentation and information that a party believes is, for example, overly burdensome, not relevant to the case, or involves confidential or privileged information. Objecting to a discovery request means the party that is the subject of the request argues that the party does not have to provide the documentation or information requested. The objection must clearly state in writing the request to which the party is objecting and why, and send the written objection to all parties in the case.

If the parties cannot agree on their own how to resolve any discovery dispute, then the party who still wants more documents or information may make a motion to compel the reluctant party to produce the requested documents. In the motion, the requesting party explains to the arbitrators why the discovery is relevant and necessary to the case and asks the panel to issue an order compelling production. The arbitrators may schedule a hearing before deciding the motion.

If a party fails to produce documents or information required by a discovery order, the arbitrators may issue sanctions against that party. Sanctions could include assessing fees or penalties, including attorneys' fees; prohibiting a party from introducing evidence at the hearing; and even dismissing a claim, defense, or even the entire case."

It is critically important that you have experienced counsel representing in your FINRA arbitration case who understands the intricacies of FINRA’s rules and are capable of leading you successfully through the process. If you have questions about the FINRA discovery process, please give one of our experienced arbitration lawyers a call today

Atlanta Office

945 East Paces Ferry Road, Suite 2275
Atlanta, GA 30326
Columbus Office

305 W. Nationwide Blvd
Columbus, OH 43215
Meyer Wilson
New Orleans Office

900 Camp Street 
Suite 337
New Orleans, LA 70130
Los Angeles Office

2029 Century Park East,
Suite 400N
Los Angeles, CA 90067
Cleveland Office

4781 Richmond Rd.
Suite 400
Warrensville Heights, OH 44128
Bloomfield Hills Office

41000 Woodward Ave.,
Suite 350
Bloomfield Hills, MI 48304
Quick Links
The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. Read More
The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Read More
crosschevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram