6.2 - Evidence

(a) Generally 

All relevant, material and reliable evidence is admissible in OCAHO proceedings. However, evidence may be excluded by the ALJ if its probative value is substantially outweighed by unfair prejudice or confusion of the issues, or by consideration of undue delay, waste of time, immateriality, or needless presentation of cumulative evidence. 

The ALJ may also limit the cross-examination of witnesses to reasonable bounds so as not to prolong the hearing unnecessarily and unduly burden the record. 

Material and relevant evidence will not be excluded merely because it is not the best evidence, unless its authenticity is successfully challenged. If the authenticity of evidence is challenged, the party presenting it will be given a reasonable opportunity to establish its authenticity. 

Stipulations of fact may be introduced in evidence with respect to any issue. 

Compilations, charts, summaries of data, and photostatic copies of documents may be admitted in evidence if the proceedings will be expedited by their admission, and if the material upon which they are based is available for examination by the parties. 

(b) Objections and Offers of Proof 

Objections to the admission or exclusion of evidence must be in short form, stating the grounds for the objection. 

A party need not make a formal exception to the rulings of the ALJ on the admission or exclusion of evidence; a properly made objection will suffice. 

Any offer of proof made in connection with an objection to a ruling of the ALJ excluding evidence or testimony must include: 

• a statement of the substance of the evidence or testimony; and 
• if the excluded evidence is in documentary or written form, a reference to the documents or records and a copy of such evidence marked for identification. 

(c) Federal Rules of Evidence 

Unless otherwise provided by statute or by OCAHO rules, the Federal Rules of Evidence will be used as a general guide in OCAHO proceedings. 

(d) Authenticity 

A party wishing to challenge the authenticity of documents submitted prehearing as proposed exhibits must file a written objection prior to the hearing. The ALJ may permit a party to challenge the authenticity of documents at a later time if the party demonstrates good cause for failure to file written objection(s) prior to the hearing. 

(e) Official Notice 

The ALJ may take official notice of any material fact which is among the traditional matters of judicial notice. The parties will be given adequate notice of facts that are officially noticed and will be given an opportunity to disprove the officially noticed facts. 

(f) Designation of Parts of Documents 

Where relevant and material matter offered into evidence is included in a document containing other matter which is not material or relevant and is not intended to be put into evidence, the party offering the matter must plainly designate the portions of the document being offered, segregating and excluding the immaterial or irrelevant parts. 

When only portions of a document are to be relied upon, the offering party must prepare the pertinent excerpts along with a statement indicating the purpose for which such materials will be offered. The offering party must file those excerpts with the ALJ and serve them upon all parties to the case. The original document should also be made available for examination and use by opposing counsel for purposes of cross-examination. 

If the extraneous materials would encumber the record, the ALJ may direct that the full document not be received into evidence. Instead, the document may be marked for identification and the relevant and material parts thereof may be read into the record. Additionally, the ALJ may direct that a copy of the full document be provided to all parties, who will be given an opportunity to examine the document and offer into evidence other material and relevant portions. 

(g) Records in Other Proceedings 

If any party offers into evidence any portion of the record in another proceeding or in a civil or criminal action, the party must present a true copy in the form of an exhibit.