Is the evidence presented in a securities arbitration hearing the same as in court?
No, the evidence presented in a securities arbitration hearing is not the same as in court. In California, securities arbitration is a dispute resolution process that is a less formal and more expeditious alternative to traditional court proceedings. A securities arbitration hearing is comparable to a trial in that it typically involves an exchange of evidence and testimony by both parties before a neutral arbitrator or panel of arbitrators. However, the evidence and testimony presented in a securities arbitration hearing are often more restricted than in a court proceeding. For example, while a court hearing would usually allow eyewitness testimony from third parties, in a securities arbitration hearing this type of testimony is generally not allowed. Similarly, while a court hearing would typically allow for the introduction of physical evidence, in a securities arbitration hearing the evidence is typically restricted to written or verbal testimony. Moreover, there are certain steps and deadlines that must be met in order for any evidence to be considered. For example, in California a statement of claim must be filed within 180 days of the conduct or event giving rise to the dispute, and the claimant must include a statement of facts as well as a statement of damages. In addition, the claimant is typically responsible for ensuring that the evidence presented is complete and accurate. Ultimately, while many of the same principles apply in a securities arbitration hearing and in a court proceeding, the evidence presented in a securities arbitration hearing is subject to different rules and regulations than in a court setting.
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