952.18—Evidence.
(a)
Except as otherwise provided in these rules, the Federal Rules of Evidence shall govern. However, such rules may be relaxed to the extent that the presiding officer deems proper to insure a fair hearing. The presiding officer shall exclude irrelevant, immaterial or repetitious evidence.
(b)
Testimony shall be under oath or affirmation and witnesses shall be subject to cross-examination.
(c)
Agreed statements of fact may be received in evidence.
(d)
Official notice or knowledge may be taken of the types of matters of which judicial notice or knowledge may be taken.
(e)
Authoritative writings of the medical or other sciences, may be admitted in evidence but only through the testimony of expert witnesses or by stipulation.
(f)
Lay testimonials will not be received in evidence as proof of the efficacy or quality of any product or thing sold through the mails.
(g)
The written statement of a competent witness may be received in evidence provided that such statement is relevant to the issues, that the witness shall testify under oath at the hearing that the statement is in all respects true, and, in the case of expert witnesses, that the statement correctly states his opinion or knowledge concerning the matters in question.
(h)
A party who objects to the admission of evidence shall make a brief statement of the grounds for the objection. Formal exceptions to the rulings of the presiding officer are unnecessary.
Code of Federal Regulations
[36 FR 11563, June 16, 1971, as amended at 44 FR 61960, Oct. 29, 1979]
Code of Federal Regulations
Effective Date Note:
At 76 FR 36320, June 22, 2011, part 952 was revised, effective July 22, 2011. For the convenience of the user, the revised text is set forth as follows:
PART 952—RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS (EFF. 7-22-2011)
§ 952.18
Evidence.
(a)
Except as otherwise provided in these rules, the Federal Rules of Evidence shall govern. However, such rules may be relaxed to the extent that the presiding officer deems proper to ensure a fair hearing. The presiding officer may exclude irrelevant, immaterial, or repetitious evidence.
(b)
Testimony shall be under oath or affirmation and witnesses shall be subject to cross-examination.
(c)
Agreed statements of fact may be received in evidence.
(d)
Official notice, judicial notice or administrative notice of appropriate information may be taken in the discretion of the presiding officer.
(e)
Authoritative writings of the medical or other sciences may be admitted in evidence, but only through the testimony of expert witnesses or by stipulation.
(f)
Lay testimonials may be received in evidence as proof of the efficacy or quality of any product, service, or thing sold through the mails, in the discretion of the presiding officer.
(g)
The written statement of a competent witness may be received in evidence provided that such statement is relevant to the issues, that the witness shall testify under oath at the hearing that the statement is in all respects true, and, in the case of expert witnesses, that the statement correctly states the witness's opinion or knowledge concerning the matters in question.
(h)
A party which objects to the admission of evidence shall explain the grounds for the objection. Formal exceptions to the rulings of the presiding officer are unnecessary.