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.
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]