Who has the burden of proof in a securities arbitration hearing?
In a securities arbitration hearing in Kansas, the party initiating the case has the burden of proof. This means that the party initiating the case must provide sufficient evidence to prove their claim. In some cases, this may require proving that a party violated securities laws or acted negligently. The burden of proof in securities arbitration is higher than in other types of proceedings, and the court requires the party bringing the case to present convincing and clear evidence. The amount of evidence and proof required will depend on the type of case that is being brought. The person bringing the case must be able to prove facts such as intention, knowledge, or negligence. The burden of proof can change during the proceedings and the arbitrator can shift the burden to the other party if needed. This happens if the arbitrator finds that the evidence presented by the person bringing the case is insufficient. It is important to note that the burden of proof in securities arbitration is normally a preponderance of the evidence. This means that the party bringing the case must present evidence that is more than 50% likely to be true. The person bringing the case should be aware that they may need to present enough evidence to meet this legal standard.
Related FAQs
What is the role of the FINRA arbitration department?What kind of witnesses may be called in a securities arbitration hearing?
Can a securities arbitration award be overturned by a court?
Is the evidence presented in a securities arbitration hearing the same as in court?
Is a securities arbitration award subject to taxation?
What remedies are available to parties to a securities arbitration case?
How do I prepare for a securities arbitration hearing?
Is there a way to modify a securities arbitration award?
What types of legal issues can be addressed through securities arbitration?
Can documents retrieved during the discovery process be used in securities arbitration?
Related Blog Posts
A Guide to Understanding Securities Arbitration Law - July 31, 2023Navigating 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