Listing Evidence

Image of an evidence envelope sitting on a laptopWhen preparing evidence for arbitration, have you ever wondered about the exact meaning of Rule 3-5, item (c), which says that the arbitrator may only consider evidence listed? The intent of this rule is to have parties clearly identify the type of evidence they plan to submit in order for consideration. For example, if you wish to submit a police report, you should do so identifying it as such. 

The reasoning behind this requirement is so the opposing party is aware of what type evidence is being presented to the arbitrator. The opposing party cannot open your report file, but at least it knows that a police report is being submitted. As a result, neither party is blind-sided by having unexpected evidence included in the filing. In doing so, all parties are on the same footing with none at a disadvantage. 

In Online Filing (OLF) and in E-Subro Hub, the evidence type of Other is available when none of the listed evidence types is applicable. Each platform also includes a Description field to further clarify the contents.

Occasionally, a party chooses the Other evidence type and then enters Exhibit A, Exhibit B, and so on in the Description field. Please be aware that these entries are not acceptable because the contents of the evidence are not specified, leaving the opposing party at a disadvantage. As a result, the arbitrator has the discretion to not consider the evidence because of inaccurate listing.

If you would like all of your evidence considered, without the possibility of arbitrator exclusion, please take care to describe it specifically and accurately without using generic non-descriptive terms.
 


Article published in: January 2018 E-Bulletin