Definitions - IRL 402 - Procedural Issues

Briefs - documents which summarize and /or elaborate the arguments and evidence or which make other arguments relevant to the case being decided

Burden of proof - the requirement that one party or the other provide adequate evidence to demonstrate its allegations

Circumstantial Evidence - evidence which is neither physical nor directly observed but rather is inferred from the logic of given situation

Continuance - an adjournment or recess

Default Award - an award issued in the absence of one of the parties

Entrapment - where a person commits an offense due to the encouragement of another, who then charges the first with the offense

Expert Witness - a witness who has not observed the events in question but who has professional expertise in matters directly related to the case

Hearsay - evidence of which the witness has no direct knowledge but only knowledge gathered from others

Hostile Witness - a witness whose interests are adverse to those of the side asking the questions. Normally such witnesses are called by the other side and then cross-examined but they may be called by either side

Leading Question - a question which clearly implies an answer

Obiter Dicta - comments in an award which do not pertain specifically to the facts and/or issues at hand

Stipulation - an agreement between the parties as to a set of facts, etc. which both wish the arbitrator to accept

Subpoena - an order to a person to appear as a witness or to produce specified documents or evidence

Transcript - a written verbatim record of the hearing