Content Last Revised: 4/9/90 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29

Labor

Chapter I

Office of the Secretary of Labor

Part 18

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

Subpart B

Rules of Evidence

• Section Number: 18.608
• Section Name: Evidence of character and conduct of witness.

    (a) Opinion and reputation evidence of character. The credibility of 


a witness may be attacked or supported by evidence in the form of 


opinion or reputation, but subject to these limitations:


    (1) The evidence may refer only to character for truthfulness or 


untruthfulness, and


    (2) Evidence of truthful character is admissible only after the 


character of the witness for truthfulness has been attacked by opinion 


or reputation evidence or otherwise.


    (b) Specific instances of conduct. Specific instances of the conduct 


of a witness, for the purpose of attacking or supporting the witness' 


credibility, other than conviction of crime as provided in Sec. 18.609, 


may not be proved by extrinsic evidence. They may, however, in the 


discretion of the judge, if probative of truthfulness or untruthfulness, 


be inquired into on cross-examination of the witness, concerning the 


witness' character for truthfulness or untruthfulness, or concerning the 


character for truthfulness or untruthfulness of another witness as to 


which character the witness being cross-examined has testified.


    The giving of testimony by any witness does not operate as a waiver 


of the witness' privilege against self-incrimination when examined with 


respect to matters which relate only to credibility.