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.
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