39 C.F.R. § 955.13

(Rule 13) Settling the record

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(a) The record consists of the appeal file described in Rule 4, and if filed: pleadings, prehearing conference memorandums, orders, briefs, depositions or interrogatories received in evidence, admissions, stipulations, transcripts of conferences and hearings, hearing exhibits, and other documents that the Board has designated as part of the record.

(b) Except as the Board may otherwise order, no evidence will be received after the Board has notified the parties that the record is closed.

(c) The Board will determine the weight given any evidence. The Board may require either party, with appropriate notice to the other party, to submit additional evidence on any matter relevant to the appeal.

(d) The Board may use the Federal Rules of Evidence for guidance in resolving evidentiary disputes.

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Tip Top Constr., Inc. v. Donahoe, 695 F.3d 1276 (Fed. Cir. 2012).

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Tip Top Constr., Inc. v. Donahoe, 695 F.3d 1276 (Fed. Cir. 2012). “See 39 C.F.R. § 955.13 . Under that procedure, the Board decides an appeal on the record without an oral hearing.”

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