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Question about exhibits / evidence (JAMS)


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Do you know which JAMS rules govern your arbitration?  Here's a page with links to various JAMS rules.  https://www.jamsadr.com/rules-download/

I recommend printing a copy the correct rules and placing them in a three-ring binder.  Use this copy to write notes and highlight certain things.  You should become VERY familiar with these.

Rule 20 of the comprehensive rules states...

"Except as set forth in any scheduling order that may be adopted, at least fourteen (14) calendar days before the Arbitration Hearing, the Parties shall file with JAMS and serve and exchange (1) a list of the witnesses they intend to call, including any experts; (2) a short description of the anticipated testimony of each such witness and an estimate of the length of the witness' direct testimony; (3) any written expert reports that may be introduced at the Arbitration Hearing; and (4) a list of all exhibits intended to be used at the Hearing. The Parties should exchange with each other copies of any such exhibits to the extent that they have not been previously exchanged. The Parties should pre-mark exhibits and shall attempt to resolve any disputes regarding the admissibility of exhibits prior to the Hearing."

If the other party didn't provide you with a list of exhibits and allow you an opportunity to voice any disputes at least 14-days prior to the hearing, it seems they filed their exhibits with JAMS prematurely. (Check the JAMS rules that apply to you.)

Most objections need to be made within seven days.  If the other party submitted exhibits you would like to challenge, you may want to file an objection to protect your rights.

@fisthardcheese would be your best source of information on this.

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Did you have the initial phone conference and during that call did the arbitrator set a time frame for discovery to be completed?  Were these exhibits submitted outside of that time frame?

As stated above, even if sibmitted in the proper time, if you have any objection to the documents, you should file a written objection within 7 days and state why you object to them.  You can further expand on your objection at the hearing, but if you don't object in writing withint 7 days first, the arbitrator may not allow you to object to them at the hearing.  So, I would say, if your objection is anything other than untimely filed, then go ahead and send it now.

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