12310. Answering Amended Claims
This rule is no longer applicable. NASD Rule 12310 has been superseded by FINRA Rule 12310. 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) If a claim is amended before it has been answered, the respondent's original time to answer is extended by 20 days.
(b) If a claim is amended after it has been answered, but before a panel has been appointed, the respondent has 20 days from the time the amended claim is served to serve an amended answer.
(c) If a claim is amended after a panel has been appointed, the respondent has 20 days from the time the respondent receives notice that the panel has granted the motion to amend the claim to serve an amended answer.
(d) The amended answer must be directly served on each other party. At the same time, the amended answer must also be filed with the Director, with additional copies for each arbitrator.
(e) If the amended claim adds a new party to the arbitration, the new party's answer is governed by Rule 12306.
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Adopted by SR-NASD-2003-158 eff. April 16, 2007. Selected Notices: 07-07 |