[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.40]

[Page 235]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.40  Evidence.

    (a) Applicability of Federal rules of evidence. Unless otherwise 
provided by statute or these rules, the Federal Rules of Evidence will 
be a general guide to all proceedings held pursuant to these rules.
    (b) Admissibility. All relevant material and reliable evidence is 
admissible, but may be excluded if its probative value is substantially 
outweighed by unfair prejudice or confusion of the issues, or by 
considerations of undue delay, waste of time, immateriality, or needless 
presentation of cumulative evidence. Stipulations of fact may be 
introduced in evidence with respect to any issue. Every party shall have 
the right to present his/her case or defense by oral or documentary 
evidence, depositions, and duly authenticated copies of records and 
documents; to submit rebuttal evidence; and to conduct such reasonable 
cross-examination as may be required for a full and true disclosure of 
the facts. The Administrative Law Judge shall have the right in his/her 
discretion to limit the number of witnesses whose testimony may be 
merely cumulative and shall, as a matter of policy, not only exclude 
irrelevant, immaterial, or unduly repetitious evidence but shall also 
limit the cross-examination of witnesses to reasonable bounds so as not 
to prolong the hearing unnecessarily, and unduly burden the record. 
Material and relevant evidence shall not be excluded because it is not 
the best evidence, unless its authenticity is challenged, in which case 
reasonable time shall be given to establish its authenticity. When only 
portions of a document are to be relied upon, the offering party shall 
prepare the pertinent excerpts, adequately identified, and shall supply 
copies of such excerpts, together with a statement indicating the 
purpose for which such materials will be offered, to the Administrative 
Law Judge and to the other parties. Only the excerpts, so prepared and 
submitted, shall be received in the record. However, the original 
document should be made available for examination and for use by 
opposing counsel for purposes of cross-examination. Compilations, 
charts, summaries of data, and photostatic copies of documents may be 
admitted in evidence if the proceedings will thereby be expedited, and 
if the material upon which they are based is available for examination 
by the parties.
    (c) Objections to evidence. Objections to the admission or exclusion 
of evidence shall be in short form, stating the grounds of objections 
relied upon, and to the extent permitted by the Administrative Law 
Judge, the transcript shall include argument or debate thereon. Rulings 
on such objections shall be made at the time of objection or prior to 
the receipt of further evidence. Such ruling shall be a part of the 
record.
    (d) Exceptions. Formal exceptions to the rulings of the 
Administrative Law Judge made during the course of the hearing are 
unnecessary. For all purposes for which an exception otherwise would be 
taken, it is sufficient that a party, at the time the ruling of the 
Administrative Law Judge is made or sought, makes known the action he/
she desires the Administrative Law Judge to take or his/her objection to 
an action taken, and his/her grounds therefor.
    (e) Offers of proof. Any offer of proof made in connection with an 
objection taken to any ruling of the Administrative Law Judge rejecting 
or excluding proffered oral testimony shall consist of a statement of 
the substance of the evidence which counsel contends would be adduced by 
such testimony, and, if the excluded evidence consists of evidence in 
documentary or written form or of reference to documents or records, a 
copy of such evidence shall be marked for identification and shall 
constitute the offer of proof.

[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 
50053, Oct. 3, 1991]