Evidence Issues in Arbitration Proceedings

• Jurisdiction: Colorado

Evidence Issues in Arbitration Proceedings

• Arbitration proceedings often "feel" more informal or relaxed. Note that procedures are often more relaxed in an arbitration setting. Evidence is still critical and requires your attention.

• The arbitrator has the power to determine admissibility, relevance, materiality, and weight of any evidence. C.R.S. § 13-22-215(1).

• A party to arbitration has the right to be heard, present material evidence, and cross-examine witnesses. C.R.S. § 13-22-215(4).

• The arbitrator may permit deposition of a witness to be taken for use as evidence at the arbitration hearing, including a witness who cannot be subpoenaed for a hearing or is unable to attend. The arbitrator shall determine the conditions under which the deposition is taken. C.R.S. § 13-22-217(2).

• The arbitrator may issue a protective order to...