(b) A witness has a privilege to refuse to disclose a matter on the ground that it is a secret of state, and evidence of the matter is inadmissible, unless the judge finds that (1) the matter is not a secret of state, or (2) the chief officer of the department of government administering the subject matter which the secret concerns has consented that it be disclosed in the action.

§ 2862. Official information

(a) As used in this section, "official information" means information not open or theretofore officially disclosed to the public relating to internal affairs of the Government of the Canal Zone or of any agency of the United States acquired by a public official of the Government of the Canal Zone or any agency of the United States in the course of his duty, or transmitted from one such official to another in the course of duty.

(b) A witness has a privilege to refuse to disclose a matter on the ground that it is official information, and evidence of the matter is inadmissible, if the judge finds that the matter is official information, and (1) disclosure is forbidden by an Act of the Congress of the United States, or (2) disclosure of the information in the action will be harmful to the interests of the government.

§ 2863. Identity of informer

A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws applicable in the Canal Zone or of any law of the United States to a representative of the Government of the Canal Zone or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (1) the identity of the person furnishing the information has already been otherwise disclosed or (2) disclosure of his identity is essential to assure a fair determination of the issues.

§ 2864. Waiver of privilege by contract or previous disclosure

A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that he or any other person while the holder of the privilege has (1) contracted with anyone not to claim the privilege or, (2) without coercion and with knowledge of his privilege, made disclosure of any part of the matter or consented to such a disclosure made by anyone.

§ 2865. Admissibility of disclosure wrongfully compelled

Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the judge finds that he had and claimed a privilege to refuse to make the disclosure but was nevertheless required to make it.

§ 2866. Reference to exercise of privileges

If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.

§ 2867. Effect of error in overruling claim of privilege

A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege.

Subchapter VI-Extrinsic Policies Affecting Admissibility

§ 2891. Evidence to test a verdict

Upon an inquiry as to the validity of a verdict no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him to assent to or dissent from the verdict or concerning the mental processes by which it was determined.

§ 2892. Testimony by the judge

Against the objection of a party, the judge presiding at the trial may not testify in that trial as a witness.

§ 2893. Testimony by a juror

A member of a jury sworn and empanelled in the trial of an action, may not testify in that trial as a witness.

§ 2894. Testimony of jurors not limited except by this chapter

This chapter does not exempt a juror from testifying as a witness, if the law of the Canal Zone permits, to conditions or occurrences either within or outside of the jury room having a material bearing on the validity of the verdict, except as expressly limited by section 2891 of this title.

§ 2895. Discretion of judge to exclude admissible evidence

Except as in this chapter otherwise provided, the judge may in his discretion exclude evidence if he finds that its probative value is substantially outweighed by the risk that its admission will (1) necessitate undue consumption of time, or (2) create substantial danger of undue prejudice or of confusing the issues or of misleading the jury, or (3) unfairly and harmfully surprise a party who has not had reasonable opportunity to anticipate that such evidence would be offered.

§ 2896. Character; manner of proof

When a person's character or a trait of his character is in issue, it may be proved by testimony in the form of opinion, evidence of reputation, or evidence of specific instances of the person's conduct, subject, however, to the limitations of sections 2897 and 2898 of this title. § 2897. Character trait as proof of conduct

Subject to section 2898 of this title, when a trait of a person's character is relevant as tending to prove his conduct on a specified occasion, such trait may be proved in the same manner as provided by section 2896 of this title, except that (1) evidence of specific instances of conduct other than evidence of conviction of a crime which tends to prove the trait to be bad shall be inadmissible, and (1) in a criminal action evidence of a trait of an accused's character as tending to prove his guilt or innocence of the offense charged, (A) may not be excluded by the judge under section 2895 of this title if offered by the accused to prove his innocence, and (B) if offered by the prosecution to prove his guilt, may be admitted only after the accused has introduced evidence of his good character.

§ 2898. Character trait for care or skill; inadmissible to prove quality of conduct

Evidence of a trait of a person's character with respect to care or skill is inadmissible as tending to prove the quality of his conduct on a specified occasion.

§ 2899. Habit or custom to prove specific behavior

Evidence of habit or custom is relevant to an issue of behavior on a specified occasion, but is admissible on that issue only as tending to prove that the behavior on such occasion conformed to the habit

or custom.

§ 2900. Opinion and specific instances of behavior to prove habit or custom

Testimony in the form of opinion is admissible on the issue of habit or custom. Evidence of specific instances of behavior is admissible to prove habit or custom if the evidence is of a sufficient number of such instances to warrant a finding of such habit or custom.

§ 2901. Subsequent remedial conduct

When after the occurrence of an event remedial or precautionary measures are taken, which, if taken previously would have tended to make the event less likely to occur, evidence of such subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.

§ 2902. Offer to compromise and the like, not evidence of liability Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove his liability for the loss or damage or any part of it. This section shall not affect the admissibility of evidence (1) of partial satisfaction of an asserted claim on demand without questioning its validity, as tending to prove the validity of the claim, or (2) of a debtor's payment or promise to pay all or a part of his pre-existing debt as tending to prove the creation of a new duty on his part, or a revival of his pre-existing duty. § 2903. Offer to discount claim, not evidence of invalidity

Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act or service in satisfaction of a claim, is inadmissible to prove the invalidity of the claim or any part of it.

§ 2904. Liability insurance

Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible as tending to prove negligence or other wrongdoing.

§ 2905. Other crimes or civil wrongs

Subject to section 2897 of this title, evidence that a person committed a crime or civil wrong on a specified occasion is inadmissible to prove his disposition to commit crime or civil wrong as the basis for an inference that he committed another crime or civil wrong on another specified occasion but, subject to sections 2895 and 2898 of this title, such evidence is admissible when relevant to prove another material fact including absence of mistake or accident, motive, opportunity, intent, preparation, plan, knowledge or identity.

Subchapter VII-Expert and Other Opinion Testimony

§ 2931. Testimony in form of opinion

(a) If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to such opinions or inferences as the judge finds (1) may be rationally based on the perception of the witness and (2) are helpful to a clear understanding of his testimony or to the determination of the fact in issue.

(b) If the witness is testifying as an expert, testimony of the witness in the form of opinions or inferences is limited to such opinions as the judge finds are (1) based on facts or data perceived by or personally known or made known to the witness at the hearing and (2) within the scope of the special knowledge, skill, experience or training possessed by the witness.

(c) Unless the judge excludes the testimony he shall be deemed to have made the finding requisite to its admission.

(d) Testimony in the form of opinions or inferences otherwise admissible under this chapter is not objectionable because it embraces the ultimate issue or issues to be decided by the trier of the fact. § 2932. Preliminary examination

The judge may require that a witness before testifying in terms of opinion or inference be first examined concerning the data upon which the opinion or inference is founded.

§ 2933. Hypothesis for expert opinion not necessary

Questions calling for the opinion of an expert witness need not be hypothetical in form unless the judge in his discretion so requires, but the witness may state his opinion and reasons therefor without first specifying data on which it is based as an hypothesis or otherwise; but upon cross-examination he may be required to specify such data.

§ 2934. Appointment of experts

(a) If the judge determines that the appointment of expert witnesses in an action may be desirable, he shall order the parties to show cause why expert witnesses should not be appointed, and after opportunity for hearing may request nominations and appoint one or more such witnesses. If the parties agree in the selection of an expert or experts, only those agreed upon shall be appointed. Otherwise the judge may make his own selection. An expert witness shall not be appointed unless he consents to act. The judge shall determine the duties of the witness and inform him thereof at a conference in which the parties shall have an opportunity to participate. A witness so appointed shall advise the parties of his findings, if any, and may thereafter be called to testify by the judge or any party. He may be examined and cross-examined by each party. This section does not limit the parties in calling expert witnesses of their own selection and at their own

expense.

(b) Rule 28 of the Federal Rules of Criminal Procedure does not apply in the Canal Zone.

§ 2935. Compensation of expert witnesses

Expert witnesses appointed by the judge shall be entitled to reasonable compensation in such sum only as the judge may allow. Except as may be otherwise provided by statute applicable to a specific situation, the compensation shall be paid (1) in a criminal action out of such funds as may be provided by law, and (2) in a civil action by the opposing parties in equal portions to the clerk of the court at such time as the judge shall direct, and charged as costs in the case. The amount of compensation paid to an expert witness not appointed by the judge shall be a proper subject of inquiry as relevant to his credibility and the weight of his testimony.

§ 2936. Credibility of appointed expert witness

The fact of the appointment of an expert witness by the judge may be revealed to the trier of the facts as relevant to the credibility of such witness and the weight of his testimony.

Subchapter VIII-Hearsay Evidence

§ 2961. Definitions

As used in section 2962 of this title and its exceptions and in the following sections of this chapter:

(1) "Statement" means not only an oral or written expression but also non-verbal conduct of a person intended by him as a substitute for words in expressing the matter stated.

(2) "Declarant" is a person who makes a statement.

(3) "Perceive" means acquire knowledge through one's own senses. (4) "Public official" of a state of the United States includes an official of a political subdivision of such state and of a municipality. (5) "State" includes the District of Columbia, the several territories and possessions of the United States, and the Commonwealth of Puerto Rico.

(6) "A business" as used in exception (13) of section 2962 of this title includes every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not. (7) "Unavailable as a witness" includes situations where the witness is (A) exempted on the ground of privilege from testifying concerning the matter to which his statement is relevant, or (B) disqualified from testifying to the matter, or (C) unable to be present or to testify at the hearing because of death or then existing physical or mental illness, or (D) not within the Canal Zone, or (E) absent from the place of hearing because the proponent of his statement does not know and with diligence has been unable to ascertain his whereabouts.

But a witness is not unavailable (A) if the judge finds that his exemption, disqualification, inability or absence is due to procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying, or to the culpable neglect of such party, or (B) if unavailability is claimed under clause (D) of the preceding paragraph and the judge finds that the deposition of the declarant could have been taken by the exercise of reasonable diligence and without undue hardship, and that the probable importance of the testimony is such as to justify the expense of taking the deposition.

§ 2962. Hearsay evidence excluded; exceptions

Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated is heresay evidence and inadmissible except:

(1) Previous Statements of Persons Present and Subject to Cross-Examination. A statement previously made by a person who is present at the hearing and available for cross-examination with respect to the statement and its subject matter, provided the statement would be admissible if made by declarant while testifying as a witness; (2) Affidavits. Affidavits to the extent admissible by the statutes or rules of court;

(3) Depositions and Prior Testimony. Subject to the same limitations and objections as though the declarant were testifying in person, (A) in civil actions, testimony in the form of a deposition taken in compliance with the law or rules of court, to the extent authorized by the law or rules under which the deposition was taken; or (B) in civil actions, if the judge finds that the declarant is unavailable as a witness at the hearing, testimony given as a witness in another action, or a prior hearing in the same action, when (i) the testimony is offered against a party who offered it in his own behalf on the former occasion, or against the successor in interest of such party, or (ii) the issue is such that the adverse party on the former occa