Page:United States Statutes at Large Volume 76A.djvu/475

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2931. 2932. 2933. 2934. 2935. 2936.

Testimony in form of opinion. Preliminary examination. Hypothesis for expert opinion not necessary. Appointment of experts. Compensation of expert witnesses. Credibility of appointed expert witness. SUBCHAPTER VIII


2961. Definitions. 2962. Hearsay evidence excluded; exceptions. 2963. Discretion of judge under exceptions (15), (16), (17), (18) and (19) to exclude evidence. 2964. Credibility of declarant 2965. Multiple hearsay. SUBCHAFIEB IX—AUTHENTICATION AND CONTENT OF WEITINGS

2991. 2992. 2993. 2994. 2995. 2996.

Authentication required; ancient documents. Authentication of copies of records. Certificate of lack of record. Documentary originals as the best evidence. Proof of attested writings. Photographic copies to prove content of business and public records.

Subchapter I—General Provisions § 2731. Definitions "Evidence" means the means from which inferences may be drawn as a basis of proof in duly constituted judicial or fact-finding tribunals, and includes testimony in the form of opinion, and hearsay. "Relevant evidence^' means evidence having any tendency in reason to prove any material fact. "Proof"' means all of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or nonexistence of such fact. "Burden of proof" means the obligation of a party to meet the requirements of a rule of law that the fact be proved either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. Burden of proof is synonymous with "burden of persuasion." "Burden of producing evidence" means the obligation of a party to introduce evidence when necessary to avoid the risk of a directed verdict or peremptory finding against him on a material issue of fact. "Conduct" includes all active and passive behavior, both verbal and non-verbal. "The hearing", unless some other is indicated by the context of the section where the term is used, means the hearing at which the question under a section is raised, and not some earlier or later hearing. "Finding of fact" means the determination from proof or judicial notice of the existence of a fact. A ruling implies a supporting finding of fact; separate or formal finding is not required unless required by a statute or rule applicable in the Canal Zone. "Guardian" means the person, committee, or other representative authorized by law to protect the person or estate or both of an incompetent (or of a sui juris person having a guardian) and to act for him in matters affecting his person or property or both. An incompetent is a person under disability imposed by law. "Judge" means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced. "Trier of fact" includes a jury and a judge when he is trying an issue of fact other than one relating to the admissibility of evidence. "Verbal" includes both oral and written words.