Evidence and Procedure. The Arbitrator shall hear the parties, receive their evidence or, as the case may be, make note of the default. The Arbitrator shall proceed according to the rules of evidence and procedure deemed appropriate. The Arbitrator must render a decision based on the evidence produced at the hearing.
Evidence and Procedure. Courts have largely ignored the NMT judgments concerning evidence and procedure – and the primary exception is problematic. In Tadić, the Appeals Chamber held that it had the “inherent power” to punish “conduct which interferes with its administration of justice,” even though the ICTY Statute was silent concerning contempt. In defense of that conclusion – which has been criticized by scholars49 – it noted that the NMTs had “interpreted their powers as including the power to punish contempt of court.”50 That was a misleading statement, because Article VI(c) of Ordinance No. 7 specifically empowered the tribunals to “deal summarily with any contumacy.” Their contempt power, therefore, was anything but “inherent.”
Evidence and Procedure. (i) LANDLORD may evict the TENANT by judicial action for criminal activity, whether drug related or otherwise, in accordance with these provisions if the LANDLORD determines that the covered person has engaged in the activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction. If LANDLORD seeks to terminate the tenancy for criminal activity as shown by a criminal record, the LANDLORD must notify the household of the proposed action to be based on the information and must provide the subject of the record and the TENANT with a copy of the criminal record before a LANDLORD grievance hearing or court trial concerning the termination of tenancy. The TENANT must be given the opportunity to dispute the accuracy and relevancy of that record in a grievance hearing or court trial. However, a criminal record is not required for a termination of the tenancy under this section. Revised 03/17/2006 Page 4 of 8
Evidence and Procedure
