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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 29 - Labor |
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Subtitle A - Office of the Secretary of Labor |
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Part 18 - Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges |
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Subpart B - Rules of Evidence |
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Contents of Writings, Recordings, and Photographs |
§ 18.1004 - Admissibility of other evidence of contents.
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§ 18.1004 Admissibility of other evidence of contents.
(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]