37 CFR 42.64: Objection; motion to exclude

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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42.64    Objection; motion to exclude.

  • (a) Deposition evidence. An objection to the admissibility of deposition evidence must be made during the deposition. Evidence to cure the objection must be provided during the deposition, unless the parties to the deposition stipulate otherwise on the deposition record.
  • (b) Other evidence. For evidence other than deposition evidence:
    • (1) Objection. Any objection to evidence submitted during a preliminary proceeding must be filed within ten business days of the institution of the trial. Once a trial has been instituted, any objection must be filed within five business days of service of evidence to which the objection is directed. The objection must identify the grounds for the objection with sufficient particularity to allow correction in the form of supplemental evidence.
    • (2) Supplemental evidence. The party relying on evidence to which an objection is timely served may respond to the objection by serving supplemental evidence within ten business days of service of the objection.
  • (c) Motion to exclude. A motion to exclude evidence must be filed to preserve any objection. The motion must identify the objections in the record in order and must explain the objections. The motion may be filed without prior authorization from the Board.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012; section heading and first two sentences of para. (b)(1) revised, 80 FR 28561, May 19, 2015, effective May 19, 2015]