[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1264.133]



[Page 385]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.133  Evidence.



    (a) The presiding officer shall determine the admissibility of 

evidence.

    (b) Except as provided herein, the presiding officer shall not be 

bound by the Federal Rules of Evidence. However, the presiding officer 

may apply the Federal Rules of Evidence where appropriate, e.g., to 

exclude unreliable evidence.

    (c) The presiding officer shall exclude irrelevant and immaterial 

evidence.

    (d) Although relevant, evidence may be excluded if its probative 

value is substantially outweighed by the danger of unfair prejudice, 

confusion of the issues, or by considerations of undue delay or needless 

presentation of cumulative evidence.

    (e) Although relevant, evidence may be excluded if it is privileged 

under Federal law.

    (f) Evidence concerning offers of compromise or settlement shall be 

inadmissible to the extent provided in Rule 408 of the Federal Rules of 

Evidence.

    (g) The presiding officer shall permit the parties to introduce 

rebuttal witnesses and evidence.

    (h) All documents and other evidence offered or taken for the record 

shall be open to examination by all parties, unless otherwise ordered by 

the presiding officer pursuant to Sec. 1264.123.