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Federal regulations · Through 2026-08-25 · Newer source version available

29 CFR 18.1004: Admissibility of other evidence of contents.

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Where this section sits in the code
  1. Title 29—Labor
  2. Subtitle A—Office of the Secretary of Labor
  3. PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
  4. Subpart B—Rules of Evidence

(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]

Collected 2026-08-27T02:25:20Z. Source file · JSON

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