FINRA Discipline: FINRA Rule 9241
From the Desk of Jim Eccleston at Eccleston Law LLC:
This is the thirteenth in a series of posts to discuss the rules associated with the FINRA disciplinary process. FINRA Rule 9241 covers the rules associated with a pre-hearing conference during the disciplinary proceeding.
To begin, the rule sets out the purpose of the pre-hearing conference, which includes but is not limited to: expediting the disposition of the proceeding; establishing procedures to manage the proceeding efficiently; and improving the quality of the hearing through more thorough preparation. A pre-hearing conference can be initiated by either the chief hearing officer or one of the parties by the filing of a motion.
At a pre-hearing conference, the hearing officer can discuss issues such as, but not limited to: the exchange of witness and exhibit lists; stipulations, admissions of fact, and admissibility into evidence of documents; the schedule for exchanging pre-hearing motions or briefs; determination of hearing dates; production of documents; and any matters as may aid in the orderly and expeditious disposition of the proceeding. At or following the conclusion of any pre-hearing conference, the hearing officer can enter a written ruling or order regarding an agreements made by the parties.
Lastly, if a party fails to appear at the pre-hearing conference, the hearing officer can enter a default decision against that absent party.
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Related Attorneys: James J. Eccleston
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