Admissibility of other evidence of contents.

  1. Law
  2. CFR 29
  3. Labor
  4. Office of the Secretary of Labor
  5. Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges
  6. Rules of Evidence
  7. Contents of Writings, Recordings, and Photographs
  8. Admissibility of other evidence of contents.

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§ 18.1004 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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