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

6 CFR 13.34: Evidence.

(a) The Presiding Officer will determine the admissibility of evidence.
(b) Except as provided in this part, the Presiding Officer will 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 will 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 will be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence.
(g) The Presiding Officer will permit the parties to introduce rebuttal witnesses and evidence.
(h) All Documents and other evidence offered or taken for the record will be open to examination by all parties, unless otherwise ordered by the Presiding Officer pursuant to § 13.24.

Where this section sits in the code

Title 6—Domestic Security
CHAPTER I—DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS

(a) The Presiding Officer will determine the admissibility of evidence.

(b) Except as provided in this part, the Presiding Officer will 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.

(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 will be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence.

(g) The Presiding Officer will permit the parties to introduce rebuttal witnesses and evidence.

(h) All Documents and other evidence offered or taken for the record will be open to examination by all parties, unless otherwise ordered by the Presiding Officer pursuant to § 13.24.

Collected 2026-08-27T02:23:54Z. Source file · JSON

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