---
kind: "section"
citation: "37 C.F.R. § 41.152"
title: "37"
number: "41.152"
heading: "Applicability of the Federal Rules of Evidence."
url: "https://uscodex.org/cfr/37/41.152"
---

# §41.152. Applicability of the Federal Rules of Evidence.

- (a) **Generally.** Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to contested cases.
- (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.
- (c) **Modifications in terminology.** Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated:

  Appellate 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](/usc/35/146.md).

  Civil action, civil proceeding, action, and trial mean contested case.

  Courts of the United States, U.S. Magistrate, court, trial court, and trier of fact mean Board.

  Hearing means:

- (i) **In Federal Rule of Evidence 703, the time when the expert testifies.**
- (ii) **In Federal Rule of Evidence 804(a)(5), the time for taking testimony.** Judge means the Board.

  Judicial notice means official notice.

  Trial or hearing means, in Federal Rule of Evidence 807, the time for taking testimony.

- (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.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.