Who has the burden of proof in a securities arbitration hearing?
In a securities arbitration hearing in Oregon, the party who has the burden of proof is the party bringing the claim against the other party. This party is known as the claimant. The claimant must provide evidence that proves the facts of the case. This evidence must be sufficient to convince a panel of arbitrators of the validity of the claim. The level of evidence that must be provided will depend on the type of claim being made. Generally, the claimant must present clear and convincing evidence that supports their claim. This means that the evidence must be highly probative and persuasive to the fact-finder. If the claimant fails to provide sufficient evidence, then they will not be able to prove their claim, and the other party will prevail. Therefore, the claimant has the burden to prove their case by providing evidence that is credible and meets the legal standard. If the claimant cannot do this, then they will not be successful in their claim. It is important to remember that the arbitrators make the ultimate decision in a securities arbitration hearing. Ultimately, the parties are required to present their evidence to the arbitrators, who will decide which party has met their burden of proof.
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