Page:United States Statutes at Large Volume 76A.djvu/476

–380– -380"Writing" means handwriting, typewritii^g, printing, photostating, photographing and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof. § 2732. Scope of chapter Except to the extent to which it may be relaxed by other procedural rule or statute applicable to the specific situation, this chapter applies in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which evidence is produced. § 2733. Undisputed matter; pre-trial conferences and admissions If there is no bona fide dispute between the parties as to a material fact in a civil action, the issues for trial may be limited in a pre-trial conference or a party may obtain an admission of facts or of genuineness of documents as provided by Rules 16 and 36 of the Federal Rules of Civil Procedure. § 2734. Effect of erroneous admission of evidence Errors in the admission of evidence are governed by Rules 46 and 61 of the Federal Rules of Civil Procedure in civil actions, and by Rules 51 and 52 of the Federal Rules of Criminal Procedure in criminal actions. § 2735. Effect of erroneous exclusion of evidence A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless (1) it appears of record that the proponent of the evidence either made known the substance of the evidence in a form and by a method approved by the judge, or indicated the substance of the expected evidence by questions indicating the desired answers, and (2) the court which passes upon the effect of the error or errors is of opinion that the excluded evidence would probably have had a substantial influence in bringing about a different verdict or finding. § 2736. Limited admissibility Wlien relevant evidence is admissible as to one party or for one purpose and is inadmissible as to other parties or for another purpose, the judge upon request shall restrict the evidence to its proper scope and instruct the jury accordingly. § 2737. General abolition of disqualifications and privileges of witnesses, and of exclusionary rules Except as otherwise provided in this chapter, (1) every person is qualified to be a witness, and (2) no person has a privilege to refuse to be a witness, and (3) no person is disqualified to testify to any matter, and (4) no person has a privilege to refuse to disclose any matter or to produce any object or writing, and (5) no person has a privilege that another shall not be a witness or shall not disclose any matter or shall not produce any object or writing, and (6) all relevant evidence is admissible. § 2738. Preliminary inquiry by judge "When the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is stated in this chapter to be subject to a condition, and the fulfillment of the condition is in issue, the issue is to be determined by the judge, and he shall indicate to the parties which one has the burden of producing evidence and the burden of proof on such issue as implied by the section under which the question arises. The judge may hear and determine such matters out

�