How can I prepare a subpoena for my Finra Arbitration hearing?

Full question:

I am handling my own Finra Arbitration hearing. I wish to subpoena two witnesses. This is a hearing, not a civil case, what forms could I use as a guideline to prepare a subpoena. Finra says they do not have the form, it is up to me to send it to them for approval. At that point the Director approves, and then gives it to the Arbitrator for approval. Again what form could I utilize to prepare my own subpoena? I am looking for information on where to find a subpoena form to file in my Finra Arbitration hearing. It is not a civil matter, but just an Arbitration Hearing. There is no specific Finra Subpoena form, so what has to be produced to submit to Finra for approval is one that I prepare. It goes to the Director of Finra who then passes it on to the Arbitrator, after approval it then comes back to me for service.I need a form that will offer me guidelines for preparing this as a non-attorney. Every form that I have located appears to be for a Federal or Civil case. Thanks.

• Category: Arbitration and Mediation
• Date: 04/07/2025
• State: Pennsylvania

Answer:

The arbitrator has the authority to issue subpoenas, direct witness appearances, and request document production. It's best to exchange evidence voluntarily if possible. If a subpoena is necessary, the arbitrators and any counsel of record can issue one according to the law of the state where the hearing is held or under the Federal Arbitration Act. All parties must receive a copy of the subpoena when it is issued.

If you do not have an attorney, you can request the Director of Finra to ask the arbitrators to issue a subpoena. This request should be in writing and explain why the subpoena is needed, including efforts made to obtain the witness or documents without it. You should also include a draft of the subpoena you want them to issue.

If the arbitrators approve your subpoena, you will be responsible for serving it to the opposing party and covering any related costs as per state law or federal law. You may need to hire a professional process server for this task.

Keep in mind that procedures for issuing and serving subpoenas can vary, so it may be helpful to consult an attorney to ensure compliance with legal requirements in your jurisdiction. Additionally, arbitrators may direct the appearance of individuals in the securities industry and the production of records from them if requested, but you may need to cover any reasonable expenses for this as well. Make such requests before the hearing.