42.62 Applicability of the Federal rules of evidence.
- (a) Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding.
- (b) Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply.
- (c) Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated:
- Appellate court means United States Court of Appeals for the Federal Circuit.
- Civil action, civil proceeding, and action mean a proceeding before the Board under part 42.
- Courts of the United States, U.S. Magistrate, court, trial court, trier of fact, and judge mean Board.
- Hearing means, as defined in Federal Rule of Evidence 804(a)(5), the time for taking testimony.
- Judicial notice means official notice.
- Trial or hearing in Federal Rule of Evidence 807 means the time for taking testimony.
- (d) In determining foreign law, the Board may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]