Rule 13.180.Conduct of Hearing
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.180
Plain-English Summary
The hearing is meant to be informal and expeditious, and the arbitrator is given the controls to keep it that way. The arbitrator exercises reasonable control over the mode and order of interrogating witnesses and presenting evidence, with stated goals: making the questioning and presentation effective for ascertaining the facts, avoiding needless consumption of time, and protecting witnesses from harassment or undue embarrassment.
Testimony is still sworn. A witness is placed under oath or affirmation before testifying, and a violation of that oath is deemed contempt of court, on top of any other penalty the law provides. The arbitrator may question a witness directly. How far the rules of evidence will be applied is left to the arbitrator's discretion, which means an objection that would carry in a courtroom may or may not carry here. Ask the arbitrator early how evidence will be handled, and build the case on proof rather than on objections.
Any party or the arbitrator may record the hearing, electronically or otherwise. The cost of that recording is not a recoverable item of cost, so whoever wants a record pays for it and does not get it back. Nothing in the rule requires a recording, and a case that goes on to a trial de novo starts fresh in any event.
Frequently Asked Questions
How formal is an arbitration hearing?
The rule calls for hearings that are informal and expeditious. The arbitrator controls the mode and order of questioning and presentation to get at the facts, avoid wasted time, and protect witnesses from harassment or undue embarrassment.
Do the rules of evidence apply?
The extent to which they apply is determined in the discretion of the arbitrator. Some arbitrators run a near-courtroom hearing and others take evidence loosely. Ask before the hearing rather than discovering it mid-hearing.
Can I record the hearing?
Yes. The hearing may be recorded electronically or otherwise by any party or by the arbitrator. The cost of the recording is not recoverable as a cost.
Are witnesses sworn in?
Yes. Each witness is placed under oath or affirmation before presenting testimony, and violating that oath is deemed contempt of court in addition to other penalties the law may provide.
Can the arbitrator question a witness?
Yes. The rule expressly allows the arbitrator to question the witness, which fits a hearing designed to find the facts quickly rather than to referee competing presentations.