Is the evidence presented in a securities arbitration hearing the same as in court?

The evidence presented in a securities arbitration hearing is not always the same as in court. While some evidence is the same in both, there are key differences. In a securities arbitration hearing, the evidence needed to prove wrongful conduct on the part of a broker, advisor, or investment firm is often different than in court. For instance, in a securities arbitration hearing, an investor may attempt to prove their case through the use of investor account statements, emails, and other documents that may not be admissible in a court of law. In addition, while courts require that evidence be presented in a more formal setting, securities arbitration hearings allow for less formal presentation of evidence from both sides. In North Carolina, securities arbitration is handled through the Financial Industry Regulatory Authority (FINRA). According to FINRA’s rules, investors may be able to present a wider variety of evidence than would be allowed in court, including expert witness testimony, testimony from other witnesses, and sworn affidavits. Each type of proceeding has its own strengths and weaknesses, and investors should consider both when deciding which path to take. Ultimately, whether the evidence presented in a securities arbitration hearing is the same as in court depends on the specific facts of each case.

Related FAQs

Are there any time limits on filing a motion to vacate a securities arbitration award?
What should I consider before deciding to pursue a securities arbitration claim?
What kind of witnesses may be called in a securities arbitration hearing?
What is the purpose of a FINRA panel and how does it work?
What is the process of enforcing a securities arbitration award?
Are there any limits on what kind of awards can be given in a securities arbitration case?
What is the process for submitting an award to a court following a securities arbitration?
Are there any limitations on the amount of punitive damages available in a securities arbitration case?
What is the scope of a securities arbitration award?
What is the difference between a securities arbitration panel and a FINRA panel?

Related Blog Posts

A Guide to Understanding Securities Arbitration Law - July 31, 2023
Navigating Your Securities Arbitration Case: Step-by-Step Guide for Investors - August 7, 2023
Securities Arbitration: How to Make the Most of Your Claim - August 14, 2023
Securities Arbitration 101: Understanding the Basics of Investor Claims - August 21, 2023
Explaining the Role of Arbitrators in the Securities Arbitration Process - August 28, 2023