{"data":{"id":"us/37-cfr-41.152","jurisdiction":"us","citation":"37 CFR 41.152","heading":"Applicability of the Federal Rules of Evidence.","body":"(a) Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to contested cases.\n(b) Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply.\n(c) Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated:\nAppellate court means United States Court of Appeals for the Federal Circuit or a United States district court when judicial review is under 35 U.S.C. 146.\nCivil action, civil proceeding, action, and trial mean contested case.\nCourts of the United States, U.S. Magistrate, court, trial court, and trier of fact mean Board.\nHearing means:\n(i) In Federal Rule of Evidence 703, the time when the expert testifies.\n(ii) In Federal Rule of Evidence 804(a)(5), the time for taking testimony.\nJudge means the Board.\nJudicial notice means official notice.\nTrial or hearing means, in Federal Rule of Evidence 807, the time for taking testimony.\n(d) The Board, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence.","path":["Title 37—Patents, Trademarks, and Copyrights","CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE","SUBCHAPTER A—GENERAL","PART 41—PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD","Subpart D—Contested Cases"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"d9718aed6728e8b7f40f8afe7e7cf3b04a956b1d72e503a5fa5b2ed38fdf7b56","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-41.151","next":"us/37-cfr-41.153"},"notice":"GroundRules: Original legal text. Not legal advice."}