Are there any differences between the rules of evidence in a traditional court and in a securities arbitration hearing?

Yes, there are significant differences between the rules of evidence in a traditional court and in a securities arbitration hearing. In a traditional court, the evidence submitted is closely scrutinized and the judge typically has discretionary power to determine the admissibility of evidence, as well as its weight and credibility. In addition, the rules of evidence are strictly enforced, and any lack of adherence could lead to substantial penalties. In contrast, securities arbitration hearings are more informal and typically involve less scrutiny of evidence admitted. During the hearing, arbitrators may allow a wide variety of evidence to be admitted without due consideration of certain evidentiary rules. Additionally, an arbitrator has the power to issue a decision without revealing the specific evidence that swayed the decision. This flexibility allows for more creative rulings and more lenient evidence standards. Another difference between traditional court and securities arbitration hearings is that the latter allows for parties to present testimony from witnesses in the form of deposition or affidavit in lieu of live testimony. This allows for a more efficient approach to presenting evidence without the hassle of gathering witnesses in the same physical space. Furthermore, the arbitration process often includes the ability for parties to submit evidence and arguments through written briefs, which is not allowed in a traditional court setting. In summary, securities arbitration hearings allow for a more flexible approach to evidence than in a traditional court setting. Specifically, arbitrators have the ability to issue rulings without scrutinizing evidence admitted, as well as the ability to leverage written briefs and witness depositions or affidavits in lieu of live testimonies.

Related FAQs

Is there a special set of rules for securities arbitration proceedings?
How long does it take to resolve a securities arbitration claim?
Who has the burden of proof in a securities arbitration hearing?
What types of claims can be brought in a securities arbitration?
Do victims of securities fraud have the right to a jury trial?
How does FINRA investigate and adjudicate disputes?
How long will a securities arbitration hearing take?
What are the consequences of a securities arbitration hearing not being held?
Is a securities arbitration decision binding in other jurisdictions?
Does a securities arbitration panel have the power to award punitive damages?

Are there any differences between the rules of evidence in a traditional court and in a securities arbitration hearing?

Related FAQs

Related Blog Posts