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]