| (a) The parties may offer evidence as they desire and
shall produce additional evidence that the arbitrator considers necessary
to understand and resolve the dispute. However, any documentary evidence
not properly exchanged between the parties before the hearing will
be excluded from consideration unless good cause is shown.
(b) The arbitrator is the judge of the relevance and
materiality of the evidence offered. Strict conformity to the rules
of judicial proceedings is not required. The Texas Rules of Evidence
are not binding on the arbitrator but may be used as a guideline.
(c) Each party shall produce any witnesses under its
control without the necessity of a subpoena. Individuals may be compelled
by the arbitrator, as provided under the Texas General Arbitration
Act, Texas Civil Practice and Remedies Code, §171.007, to attend
and give testimony or to produce documents at the arbitration proceeding
or at a deposition allowed under this subchapter, §156.205 (relating
to Discovery).
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