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 Georgia, securities arbitration is a form of alternative dispute resolution between investors and securities brokers and is managed by the Financial Industry Regulatory Authority (FINRA). These hearings are different from court proceedings as they are typically informal, non-public, and more time-efficient due to the absence of specific court rules and procedures. In a securities arbitration hearing, the claimant presents evidence in the form of written documents, live testimony, and expert reports. All documents must be submitted to the arbitration panel before the hearing. After receiving the documents, the panel determines which evidence will be admissible at the hearing. This is different from a court proceeding, where the court applies the law and an evidentiary burden of proof to determine the admissibility of evidence. At the heart of the securities arbitration process is the arbitration agreement, which outlines the procedures and rules that will govern the hearing. The arbitration agreement will define what evidence is admissible, the number of arbitrators that sit on the panel, and the rules of procedure that will be followed. This differs from court proceedings where the evidence is typically governed by the Rules of Evidence. In summary, the evidence presented in a securities arbitration hearing in Georgia is not the same as in court. Arbitration hearings are more informal and non-public, and the evidence admissible is determined by the arbitration agreement, rather than the court’s evidentiary rules.

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