Bar Rules

Rule 6-411. Evidence

State Bar Programs / Part VI - Arbitration of Fee Disputes / CHAPTER 4 RULES OF PROCEDURE / Rule 6-411. Evidence

(a) Parties may offer such relevant and material evidence as they desire and shall produce such additional evidence as the arbitrators may deem necessary to an understanding and determination of the dispute. The arbitrators shall be the judge of the relevancy and materiality of the evidence offered. The rules of evidence shall be liberally interpreted, and hearsay may be utilized at the discretion of the arbitrators and given such weight as the arbitrators deem appropriate.

(b) A list shall be made of all exhibits received into evidence by the arbitrators. Exhibits shall be listed in the order in which they were received, and the list shall be made a part of the record.

(c) The names and addresses of all witnesses who testify at the arbitration shall be made a part of the record. Upon their own motion or at the request of any party, the arbitrators shall have the power to require the sequestration of any witness during the testimony of other witnesses. 

(d) The arbitrators may receive and consider the evidence of witnesses by affidavit (copies of which shall be served on the opposing party at least five days prior to the hearing), but shall give such evidence only such weight as the arbitrators deem proper after consideration of any objections made to its admissibility.

(e) The petition, answer, and other pleadings, including any documents attached thereto, may be considered as evidence at the discretion of the arbitrators and given such weight as the arbitrators deem appropriate.

(f) The receipt of testimony by deposition, conference telephone calls, and other procedures is within the discretion of the arbitrators upon their own motion or at the request of any party.



GO TO Rule 6-410. Arbitration in the Absence of a Party
GO TO Rule 6-412. Written Contract
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