Arbitration Exhibits, a Strategy.

Posted By Cliff Tuttle | August 26, 2009

Posted by Cliff Tuttle (c) 2009

Presenting exhibits in a compulsory arbitration can be a messy affair, especially if there are quite a few of them. They are lying about on the table, out of order, mixed with the other party’s exhibits and various other pieces of paper. Then, when the testimony is complete, the chairman usually tells you to take your exhibits with you. Thus, exhibits you hope they will review during deliberation are gone.

May I suggest a simple solution? Attach every one of your exhibits to the complaint in the order you wish to present them at trial. Thus, the arbitrators have copies of everything, marked as they were presented at trial, in front of them while they are deciding the case.

Be sure to note in the pleadings that the exhibits are presented to the opposing party, at the time you filed the pleading, pursuant to Rule 1305. This saves you from having to make the disclosure later and perhaps violating the 20 day notice requirement in the process.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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