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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 18  

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

 

 

 

Subpart B  

Rules of Evidence


29 CFR 18.1004 - Admissibility of other evidence of contents.

  • Section Number: 18.1004
  • Section Name: Admissibility of other evidence of contents.

    (a) The original is not required, and other evidence of the contents 


of a writing, recording, or photograph is admissible if:


    (1) Originals lost or destroyed. All originals are lost or have been 


destroyed, unless the proponent lost or destroyed them in bad faith; or


    (2) Original not obtainable. No original can be obtained by any 


available judicial process or procedure; or


    (3) Original in possession of opponent. At a time when an original 


was under the control of the party against whom offered, that party was 


put on notice, by the pleading or otherwise, that the contents would be 


a subject of proof at the hearing, and that party does not produce the 


original at the hearing; or


    (4) Collateral matters. The writing, recording, or photograph is not 


closely related to a controlling issue.


    (b) [Reserved]
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