§ 1-46 Evidence at the Trial.
RCNY § 1-46
(a)Compliance with technical rules of evidence, including hearsay rules, will not necessarily be required. Traditional rules governing trial sequence will apply. In addition, principles of civil practice and rules of evidence may be applied to ensure an orderly proceeding and a clear record, and to assist the administrative law judge in the role as trier of fact. Traditional trial sequence may be altered by the administrative law judge for convenience of the parties, attorneys, witnesses, or OATH, where substantial prejudice will not result.
(b)The administrative law judge may limit examination, the presentation of testimonial, documentary or other evidence, and the submission of rebuttal evidence. The administrative law judge may accept testimony at trial by telephone or other electronic means, including video conferencing. Objections to evidence offered, or to other matters, will be noted in the transcript, and exceptions need not be taken to rulings made over objections. The administrative law judge may call witnesses, may require any party to clarify confusion, fill gaps in the record, or produce witnesses, and may question witnesses directly.
(1)A party, representative or attorney shall not offer information concerning a person's actual or perceived immigration status unless and until the administrative law judge reviews such information in chambers and determines that such information is relevant and not introduced solely to subject that person to harassment, intimidation, physical danger, or other harms in connection with the person's immigration status. Notwithstanding any other provision of this subdivision, a party may voluntarily introduce or authorize the introduction of information about his or her own immigration status.
(2)Any party, representative or attorney who offers immigration status information of a person not in compliance with paragraph one of this subdivision may be subject to sanctions pursuant to 48 RCNY § 1-13, and such information may be struck from the record.
(c)In the discretion of the administrative law judge, closing statements may be made orally or in writing. On motion of the parties, or sua sponte, the administrative law judge may direct written post-trial submissions, including legal briefing, proposed findings of fact and conclusions of law, or any other pertinent matter. (Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 4/23/2021, eff. 5/23/2021)
