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RULES OF EVIDENCE (ER)

TABLE OF RULES

TITLE 1

GENERAL PROVISIONS

Rule

101 Scope

102 Purpose and Construction

103 Rulings on Evidence

104 Preliminary Questions

105 Limited Admissibility

106 Remainder of or Related Writings or Recorded Statements

TITLE 2

JUDICIAL NOTICE

201 Judicial Notice of Adjudicative Facts

TITLE 3

PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

301 Presumptions in General in Civil Actions and Proceedings (Reserved)

302 Applicability of State Law in Civil Actions and Proceedings (Reserved)

TITLE 4

RELEVANCY AND ITS LIMITS

401 Definition of "Relevant Evidence"

402 Relevant Evidence Generally Admissible; Irrelevant Evidence

Inadmissible

403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or

Waste of Time

404 Character Evidence Not Admissible To Prove Conduct; Exceptions; Other

Crimes

405 Methods of Proving Character

406 Habit; Routine Practice

407 Subsequent Remedial Measures

408 Compromise and Offers To Compromise

409 Payment of Medical and Similar Expenses

410 Inadmissibility of Pleas, Offers of Pleas, and Related Statements

411 Liability Insurance

412 Sexual Offenses--Victim's Past Behavior

TITLE 5

PRIVILEGES

501 General Rule

TITLE 6

WITNESSES

601 General Rule of Competency

602 Lack of Personal Knowledge

603 Oath or Affirmation

604 Interpreters

605 Competency of Judge as Witness

606 Competency of Juror as Witness

607 Who May Impeach

608 Evidence of Character and Conduct of Witness

609 Impeachment by Evidence of Conviction of Crime

610 Religious Beliefs or Opinions

610 Religious Beliefs or Opinions

611 Mode and Order of Interrogation and Presentation

612 Writing Used To Refresh Memory

613 Prior Statements of Witnesses

614 Calling and Interrogation of Witnesses by Court

615 Exclusion of Witnesses

TITLE 7

OPINIONS AND EXPERT TESTIMONY

701 Opinion Testimony by Lay Witnesses

702 Testimony by Experts

703 Bases of Opinion Testimony by Experts

704 Opinion on Ultimate Issue

705 Disclosure of Facts or Data Underlying Expert Opinion

706 Court Appointed Experts

TITLE 8

HEARSAY

801 Definitions

802 Hearsay Rule

803 Hearsay Exceptions; Availability of Declarant Immaterial

804 Hearsay Exceptions; Declarant Unavailable

805 Hearsay Within Hearsay

806 Attacking and Supporting Credibility of Declarant

807 Child Victims or Witnesses (Reserved)

TITLE 9

AUTHENTICATION, IDENTIFICATION AND ADMISSION OF EXHIBITS

901 Requirement of Authentication or Identification

902 Self-Authentication

903 Subscribing Witness' Testimony Unnecessary

904 Admissibility of Documents

TITLE 10

CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

1001 Definitions

1002 Requirement of Original

1003 Admissibility of Duplicates

1004 Admissibility of Other Evidence of Contents

1005 Public Records

1006 Summaries

1007 Testimony or Written Admission of Party

1008 Functions of Court and Jury

TITLE 11

MISCELLANEOUS RULES

1101 Applicability of Rules

1102 Amendments (Reserved)

1103 Title



RULE ER 102

PURPOSE AND CONSTRUCTION

These rules shall be construed to secure fairness in

administration, elimination of unjustifiable expense and delay,

and promotion of growth and development of the law of evidence to

the end that the truth may be ascertained and proceedings justly

determined.

[Adopted effective April 2, 1979]


RULE ER 103

RULINGS ON EVIDENCE

(a) Effect of Erroneous Ruling. Error may not be

predicated upon a ruling which admits or excludes evidence unless

a substantial right or the party is affected, and

(1) Objection. In case the ruling is one admitting

evidence, a timely objection or motion to strike is made, stating

the specific ground of objection, if the specific ground was not

apparent from the context; or

(2) Offer of Proof. In case the ruling is one excluding

evidence, the substance of the evidence was made known to the

court by offer or was apparent from the context within which

questions were asked.

(b) Record of Offer and Ruling. The court may add any

other or further statement which shows the character of the

evidence, the form in which it was offered, the objection made,

and the ruling thereon. The court may direct the making of an

offer in question and answer form.

(c) Hearing of Jury. In jury cases, proceedings shall be

conducted, to the extent practicable, so as to prevent

inadmissible evidence from being suggested to the jury by any

means, such as making statements or offers of proof or asking

questions in the hearing of the jury.

(d) Errors Raised for the First Time on Review.

[Reserved - See RAP 2.5(a).]

[Adopted effective April 2, 1979]


RULE ER 104

PRELIMINARY QUESTIONS

(a) Questions of Admissibility Generally. Preliminary

questions concerning the qualification of a person to be a

witness, the existence of a privilege, or the admissibility of

evidence shall be determined by the court, subject to the

provisions of section (b). In making its determination it is not

bound by the Rules of Evidence except those with respect to privileges.

(b) Relevancy Conditioned on Fact. When the relevancy of

evidence depends upon the fulfillment of a condition of fact, the

court shall admit it upon, or subject to, the introduction of

evidence sufficient to support a finding of the fulfillment of

the condition.

(c) Hearing of Jury. Hearings on the admissibility of

confessions shall in all cases be conducted out of the hearing of

the jury. Hearings on other preliminary matters shall be so

conducted when the interests of justice require or, when an

accused is a witness and so requests.

(d) Testimony by Accused. The accused does not, by testifying

upon a preliminary matter, become subject to cross examination as

to other issues in the case.

(e) Weight and Credibility. This rule does not limit the

right of a party to introduce before the jury evidence relevant

to weight or credibility.

[Amended effective September 1, 1992.]

RULE ER 105

LIMITED ADMISSIBILITY

When evidence which is admissible as to one party or for one

purpose but not admissible as to another party or for another

purpose is admitted, the court, upon request, shall restrict the

evidence to its proper scope and instruct the jury accordingly.

[[Adopted effective April 2, 1979.]


RULE ER 106

REMAINDER OF OR RELATED WRITINGS

OR RECORDED STATEMENTS

When a writing or recorded statement or part thereof is

introduced by a party, an adverse party may require the party at

that time to introduce any other part, or any other writing or

recorded statement, which ought in fairness to be considered

contemporaneously with it.

[Adopted effective April 2, 1979.]

RULE ER 501

GENERAL RULE

The following citations are to certain statutes and case law

that make reference to privileges or privileged communications.

This list is not intended to create any privilege, nor to

abrogate any privilege by implication or omission.

(a) Attorney-Client. (Reserved. See RCW 5.60.060(2).)

(b) Clergyman or Priest. (Reserved. See RCW 5.60.060(3), 26.44.060, 70.124.060.)

(c) Dispute Resolution Center. (Reserved. See RCW 7.75.050.)

(d) Counselor. (Reserved. See RCW 18.19.180.)

(e) Higher Education Procedures. (Reserved. See RCW 28B.19.120(4).)

(f) Husband-Wife. (Reserved. See RCW 5.60.060(1), 26.20.071, 26.21.355(8).)

(g) Interpreter in Legal Proceeding. (Reserved. See RCW 2.42.160; GR 11.1(e).)

(h) Journalist. (Reserved. See Senear v. Daily

Journal-American, 97 Wn.2d 148, 641 P.2d 1180 (1982); State v.

Rinaldo, 102 Wn.2d 749, 689 P.2d 392 (1984).)

(i) Optometrist-Patient. (Reserved. See RCW 18.53.200, 26.44.060.)

(j) Physician-Patient. (Reserved. See RCW 5.60.060(4),

26.26.120, 26.44.060, 51.04.050, 69.41.020, 69.50.403, 70.124.060, 71.05.250.)

(k) Psychologist-Client. (Reserved. See RCW 18.83.110, 26.44.060, 70.124.060.)

(l) Public Assistance Recipient. (Reserved. See RCW 74.04.060.)

(m) Public Officer. (Reserved. See RCW 5.60.060(5).)

(n) Registered Nurse. (Reserved. See RCW 5.62.010, 5.62.020, 5.62.030.)

[Adopted effective September 1, 1988; amended effective

September 1, 1992; amended effective January 4, 2005.]



RULE ER 602

LACK OF PERSONAL KNOWLEDGE

A witness may not testify to a matter unless evidence is

introduced sufficient to support a finding that the witness has

personal knowledge of the matter. Evidence to prove personal

knowledge may, but need not, consist of the witness' own

testimony. This rule is subject to the provisions of rule 703,

relating to opinion testimony by expert witnesses.

[Amended effective September 1, 1992.]



RULE ER 603

OATH OR AFFIRMATION


Before testifying, every witness shall be required to declare

that the witness will testify truthfully, by oath or affirmation

administered in a form calculated to awaken the witness'

conscience and impress the witness' mind with the duty to do so.

[Amended effective September 1, 1992.]



RULE ER 605

COMPETENCY OF JUDGE AS WITNESS

The judge presiding at the trial may not testify in that

trial as a witness. No objection need be made in order to

preserve the point.

[Adopted effective April 2, 1979.]



RULE ER 607

WHO MAY IMPEACH

The credibility of a witness may be attacked by any party,

including the party calling the witness.

[Amended effective September 1, 1992.]




RULE ER 608

EVIDENCE OF CHARACTER AND CONDUCT OF WITNESS

(a) Reputation Evidence of Character. The credibility of a

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

reputation, but subject to the 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

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 rule 609, may not be proved by extrinsic evidence.

They may, however, in the discretion of the court, if probative

of truthfulness or untruthfulness, be inquired into on cross

examination of the witness (1) concerning the witness' character

for truthfulness or untruthfulness, or (2) concerning the

character for truthfulness or untruthfulness of another witness

as to which character the witness being cross-examined has testified.

[Amended effective September 1, 1992.]





RULE ER 609

IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME

(a) General Rule. For the purpose of attacking the

credibility of a witness in a criminal or civil case, evidence

that the witness has been convicted of a crime shall be admitted

if elicited from the witness or established by public record

during examination of the witness but only if the crime (1) was

punishable by death or imprisonment in excess of 1 year under the

law under which the witness was convicted, and the court

determines that the probative value of admitting this evidence

outweighs the prejudice to the party against whom the evidence is

offered, or (2) involved dishonesty or false statement,

regardless of the punishment.

(b) Time Limit. Evidence of a conviction under this rule is

not admissible if a period of more than 10 years has elapsed

since the date of the conviction or of the release of the witness

from the confinement imposed for that conviction, whichever is

the later date, unless the court determines, in the interests of

justice, that the probative value of the conviction supported by

specific facts and circumstances substantially outweighs its

prejudicial effect. However, evidence of a conviction more than

10 years old as calculated herein, is not admissible unless the

proponent gives to the adverse party sufficient advance written

notice of intent to use such evidence to provide the adverse

party with a fair opportunity to contest the use of such evidence.

(c) Effect of Pardon, Annulment, or Certificate of

Rehabilitation. Evidence of a conviction is not admissible under

this rule if (1) the conviction has been the subject of a pardon,

annulment, certificate of rehabilitation, or other equivalent

procedure based on a finding of the rehabilitation of the person

convicted, and that person has not been convicted of a subsequent

crime which was punishable by death or imprisonment in excess of

1 year, or (2) the conviction has been the subject of a pardon,

annulment, or other equivalent procedure based on a finding of innocence.

(d) Juvenile Adjudications. Evidence of juvenile

adjudications is generally not admissible under this rule. The

court may, however, in a criminal case allow evidence of a

finding of guilt in a juvenile offense proceeding of a witness

other than the accused if conviction of the offense would be

admissible to attack the credibility of an adult and the court is

satisfied that admission in evidence is necessary for a fair

determination of the issue of guilt or innocence.

(e) Pendency of Appeal. The pendency of an appeal therefrom

does not render evidence of a conviction inadmissible. Evidence

of the pendency of an appeal is admissible.

[Amended effective September 1, 1988


RULE 611

MODE AND ORDER OF INTERROGATION

AND PRESENTATION

(a) Control by Court. The court shall exercise reasonable

control over the mode and order of interrogating witnesses and

presenting evidence so as to (1) make the interrogation and

presentation effective for the ascertainment of the truth, (2)

avoid needless consumption of time, and (3) protect witnesses

from harassment or undue embarrassment.

(b) Scope of Cross Examination. Cross examination should be

limited to the subject matter of the direct examination and

matters affecting the credibility of the witness. The court

may, in the exercise of discretion, permit inquiry into

additional matters as if on direct examination.

(c) Leading Questions. Leading questions should not be used

on the direct examination of a witness except as may be

necessary to develop the witness' testimony. Ordinarily leading

questions should be permitted on cross examination. When a

party calls a hostile witness, an adverse party, or a witness

identified with an adverse party, interrogation may be by

leading questions.

[Amended effective September 1, 1992.]




RULE ER 613

PRIOR STATEMENTS OF WITNESSES

(a) Examining Witness Concerning Prior Statement. In the

examination of a witness concerning a prior statement made by the

witness, whether written or not, the court may require that the

statement be shown or its contents disclosed to the witness at

that time, and on request the same shall be shown or disclosed to

opposing counsel.

(b) Extrinsic Evidence of Prior Inconsistent Statement of

Witness. Extrinsic evidence of a prior inconsistent statement by

a witness is not admissible unless the witness is afforded an

opportunity to explain or deny the same and the opposite party is

afforded an opportunity to interrogate the witness thereon, or

the interests of justice otherwise require. This provision does

not apply to admissions of a party-opponent as defined in rule 801(d)(2).

[Amended effective September 1, 1992.]

RULE ER 614

CALLING AND INTERROGATION OF WITNESSES

BY COURT

(a) Calling by Court. The court may, on its own motion where

necessary in the interests of justice or on motion of a party,

call witnesses, and all parties are entitled to cross-examine

witnesses thus called.

(b) Interrogation by Court. The court may interrogate

witnesses, whether called by itself or by a party; provided,

however, that in trials before a jury, the court's questioning

must be cautiously guarded so as not to constitute a comment on

the evidence.

(c) Objections. Objections to the calling of witnesses by the

court or to interrogation by it may be made at the time or at the

next available opportunity when the jury is not present.

[Adopted effective April 2, 1979.]



RULE ER 615

EXCLUSION OF WITNESSES


At the request of a party the court may order witnesses

excluded so that they cannot hear the testimony of other

witnesses, and it may make the order of its own motion. This rule

does not authorize exclusion of (1) a party who is a natural

person, or (2) an officer or employee of a party which is not a

natural person designated as its representative by its attorney,

or (3) a person whose presence is shown by a party to be

reasonably necessary to the presentation of the party's cause.

[Amended effective September 1, 1992.]

RULE ER 801

DEFINITIONS

The following definitions apply under this article:

(a) Statement. A "statement" is (1) an oral or written

assertion or (2) nonverbal conduct of a person, if it is intended

by the person as an assertion.

(b) Declarant. A "declarant" is a person who makes a statement.

(c) Hearsay. "Hearsay" is a statement, other than one made by

the declarant while testifying at the trial or hearing, offered

in evidence to prove the truth of the matter asserted.

(d) Statements Which Are Not Hearsay. A statement is not hearsay if--

(1) Prior Statement by Witness. The declarant testifies at

the trial or hearing and is subject to cross examination

concerning the statement, and the statement is (i) inconsistent

with the declarant's testimony, and was given under oath subject

to the penalty of perjury at a trial, hearing, or other

proceeding, or in a deposition, or (ii) consistent with the

declarant's testimony and is offered to rebut an express or

implied charge against the declarant of recent fabrication or

improper influence or motive, or (iii) one of identification of a

person made after perceiving the person; or

(2) Admission by Party-Opponent. The statement is offered

against a party and is (i) the party's own statement, in either

an individual or a representative capacity or (ii) a statement of

which the party has manifested an adoption or belief in its

truth, or (iii) a statement by a person authorized by the party

to make a statement concerning the subject, or (iv) a statement

by the party's agent or servant acting within the scope of the

authority to make the statement for the party, or (v) a statement

by a coconspirator of a party during the course and in

furtherance of the conspiracy.

[Amended effective September 1, 1992.]



RULE ER 802

HEARSAY RULE

Hearsay is not admissible except as provided by these rules,

by other court rules, or by statute.

[Adopted effective April 2, 1979.]



RULE ER 803

HEARSAY EXCEPTIONS; AVAILABILITY OF DECLARANT

IMMATERIAL

(a) Specific Exceptions. The following are not excluded by

the hearsay rule, even though the declarant is available as a witness:

(1) Present Sense Impression. A statement describing or

explaining an event or condition made while the declarant was

perceiving the event or condition, or immediately thereafter.

(2) Excited Utterance. A statement relating to a startling

event or condition made while the declarant was under the stress

of excitement caused by the event or condition.

(3) Then Existing Mental, Emotional, or Physical Condition. A

statement of the declarant's then existing state of mind,

emotion, sensation, or physical condition (such as intent, plan,

motive, design, mental feeling, pain, and bodily health), but not

including a statement of memory or belief to prove the fact

remembered or believed unless it relates to the execution,

revocation, identification, or terms of declarant's will.

(4) Statements for Purposes of Medical Diagnosis or

Treatment. Statements made for purposes of medical diagnosis or

treatment and describing medical history, or past or present

symptoms, pain, or sensations, or the inception or general

character of the cause or external source thereof insofar as

reasonably pertinent to diagnosis or treatment.

(5) Recorded Recollection. A memorandum or record concerning

a matter about which a witness once had knowledge but now has

insufficient recollection to enable the witness to testify fully

and accurately, shown to have been made or adopted by the witness

when the matter was fresh in the witness' memory and to reflect

that knowledge correctly. If admitted, the memorandum or record

may be read into evidence but may not itself be received as an

exhibit unless offered by an adverse party.

(6) Records of Regularly Conducted Activity. (Reserved. See RCW 5.45.)

(7) Absence of Entry in Records Kept in Accordance With RCW

5.45. Evidence that a matter is not included in the memoranda,

reports, records, or data compilations, in any form, kept in

accordance with the provisions of RCW 5.45, to prove the

nonoccurrence or nonexistence of the matter, if the matter was of

a kind of which a memorandum, report, record, or data compilation

was regularly made and preserved, unless the sources of

information or other circumstances indicate lack of trustworthiness.

(8) Public Records and Reports. (Reserved. See RCW 5.44.040.)

(9) Records of Vital Statistics. Records or data

compilations, in any form, of births, fetal deaths, deaths, or

marriages, if the report thereof was made to a public office

pursuant to requirements of law.

(10) Absence of Public Record or Entry. To prove the absence

of a record, report, statement, or data compilation, in any form,

or the nonoccurrence or nonexistence of a matter of which a

record, report, statement, or data compilation, in any form, was

regularly made and preserved by a public office or agency,

evidence in the form of a certification in accordance with rule

902, or testimony, that diligent search failed to disclose the

record, report, statement, or data compilation, or entry.

(11) Records of Religious Organizations. Statements of

births, marriages, divorces, deaths, legitimacy, ancestry,

relationship by blood or marriage, or other similar facts of

personal or family history, contained in a regularly kept record

of a religious organization.

(12) Marriage, Baptismal, and Similar Certificates.

Statements of fact contained in a certificate that the maker

performed a marriage or other ceremony or administered a

sacrament, made by a clergyman, public official, or other person

authorized by the rules or practices of a religious organization

or by law to perform the act certified, and purporting to have

been issued at the time of the act or within a reasonable time thereafter.

(13) Family Records. Statements of fact concerning personal

or family history contained in family Bibles, genealogies,

charts, engravings on rings, inscriptions on family portraits,

tattoos, engravings on urns, crypts, or tombstones, or the like.

(14) Records of Documents Affecting an Interest in Property.

The record of a document purporting to establish or affect an

interest in property, as proof of the content of the original

recorded document and its execution and delivery by each person

by whom it purports to have been executed, if the record is a

record of a public office and an applicable statute authorized

the recording of documents of that kind in that office.

(15) Statements in Documents Affecting an Interest in

Property. A statement contained in a document purporting to

establish or affect an interest in property if the matter stated

was relevant to the purpose of the document unless dealings with

the property since the document was made have been inconsistent

with the truth of the statement or the purport of the document.

(16) Statements in Ancient Documents. Statements in a

document in existence 20 years or more whose authenticity is established.

(17) Market Reports, Commercial Publications. Market

quotations, tabulations, lists, directories, or other published

compilations, generally used and relied upon by the public or by

persons in particular occupations.

(18) Learned Treatises. To the extent called to the attention

of an expert witness upon cross examination or relied upon by the

expert witness in direct examination, statements contained in

published treatises, periodicals, or pamphlets on a subject of

history, medicine, or other science or art, established as a

reliable authority by the testimony or admission of the witness

or by other expert testimony or by judicial notice. If admitted,

the statements may be read into evidence but may not be received as exhibits.

(19) Reputation Concerning Personal or Family History.

Reputation among members of a person's family by blood, adoption,

or marriage, or among a person's associates, or in the community,

concerning a person's birth, adoption, marriage, divorce, death,

legitimacy, relationship by blood, adoption, or marriage,

ancestry, or other similar fact of a person's personal or family history.

(20) Reputation Concerning Boundaries or General History.

Reputation in a community, arising before the controversy, as to

boundaries of or customs affecting lands in the community, and

reputation as to events of general history important to the

community or state or nation in which located.

(21) Reputation as to Character. Reputation of a person's

character among his associates or in the community.

(22) Judgment of Previous Conviction. Evidence of a final

judgment, entered after a trial or upon a plea of guilty (but not

upon a plea of nolo contendere), adjudging a person guilty of a

crime punishable by death or imprisonment in excess of 1 year, to

prove any fact essential to sustain the judgment, but not

including, when offered by the prosecution in a criminal case for

purposes other than impeachment, judgments against persons other

than the accused. The pendency of an appeal may be shown but does

not affect admissibility.

(23) Judgment as to Personal, Family, or General History, or

Boundaries. Judgments as proof of matters of personal, family, or

general history, or boundaries, essential to the judgment, if the

same would be provable by evidence of reputation.

(b) Other Exceptions. (Reserved.)

[Amended effective September 1, 1992.]




RULE 804

HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE

(a) Definition of Unavailability. "Unavailability as a

witness" includes situations in which the declarant:

(1) Is exempted by ruling of the court on the ground of

privilege from testifying concerning the subject matter of the

declarant's statement; or

(2) Persists in refusing to testify concerning the subject

matter of the declarant's statement despite an order of the court

to do so; or

(3) Testifies to a lack of memory of the subject matter of

the declarant's statement; or

(4) Is unable to be present or to testify at the hearing

because of death or then existing physical or mental illness or

infirmity; or

(5) Is absent from the hearing and the proponent of the

statement has been unable to procure the declarant's attendance

(or in the case of a hearsay exception under subsection (b)(2),

(3), or (4), the declarant's attendance or testimony) by process

or other reasonable means.

(6) A declarant is not unavailable as a witness if the

exemption, refusal, claim of lack of memory, inability, or

absence is due to the procurement or wrongdoing of the proponent

of a statement for the purpose of preventing the witness from

attending or testifying.

(b) Hearsay Exceptions. The following are not excluded by the

hearsay rule if the declarant is unavailable as a witness:

(1) Former Testimony. Testimony given as a witness at another

hearing of the same or a different proceeding, or in a deposition

taken in compliance with law in the course of the same or another

proceeding, if the party against whom the testimony is now

offered, or, in a civil action or proceeding, a predecessor in

interest, had an opportunity and similar motive to develop the

testimony by direct, cross, or redirect examination.

(2) Statement Under Belief of Impending Death. In a trial for

homicide or in a civil action or proceeding, a statement made by

a declarant while believing that the declarant's death was

imminent, concerning the cause or circumstances of what the

declarant believed to be the declarant's impending death.

declarant believed to be the declarant's impending death.

(3) Statement Against Interest. A statement which was at the

time of its making so far contrary to the declarant's pecuniary

or proprietary interest, or so far tended to subject the

declarant to civil or criminal liability, or to render invalid a

claim by the declarant against another, that a reasonable person

in the declarant's position would not have made the statement

unless the person believed it to be true. In a criminal case, a

statement tending to expose the declarant to criminal liability

is not admissible unless corroborating circumstances clearly

indicate the trustworthiness of the statement.

(4) Statement of Personal or Family History. (i) A statement

concerning the declarant's own birth, adoption, marriage,

divorce, legitimacy, relationship by blood, adoption, or

marriage, ancestry, or other similar fact of personal or family

history, even though declarant had no means of acquiring personal

knowledge of the matter stated; or (ii) a statement concerning

the foregoing matters, and death also, of another person, if the

declarant was related to the other by blood, adoption, or

marriage or was so intimately associated with the others family

as to be likely to have accurate information concerning the

matter declared.

(5) Other Exceptions. (Reserved.)

[Amended effective September 1, 1992.]


RULE ER 805

HEARSAY WITHIN HEARSAY

Hearsay included within hearsay is not excluded under the

hearsay rule if each part of the combined statements conforms

with an exception to the hearsay rule provided in these rules.

[Adopted effective April 2, 1979.]

RULE 806

ATTACKING AND SUPPORTING CREDIBILITY

OF DECLARANT

When a hearsay statement, or a statement defined in rule

801(d)(2)(iii), (iv), or (v), has been admitted in evidence, the

credibility of the declarant may be attacked, and if attacked

may be supported, by any evidence which would be admissible for

those purposes if declarant had testified as a witness. Evidence

of a statement or conduct by the declarant at any time,

inconsistent with the declarant's hearsay statement, is not

subject to any requirement that the declarant may have been

afforded an opportunity to deny or explain. If the party against

whom a hearsay statement has been admitted calls the declarant

as a witness, the party is entitled to examine the declarant on

the statement as if under cross examination.

[Amended effective September 1, 1992.]


RULE ER 901

REQUIREMENT OF AUTHENTICATION OR IDENTIFICATION

(a) General Provision. The requirement of authentication or

identification as a condition precedent to admissibility is

satisfied by evidence sufficient to support a finding that the

matter in question is what its proponent claims.

(b) Illustrations. By way of illustration only, and not by

way of limitation, the following are examples of authentication

or identification conforming with the requirements of this rule:

(1) Testimony of Witness With Knowledge. Testimony that a

matter is what it is claimed to be.

(2) Nonexpert Opinion on Handwriting. Nonexpert opinion as to

the genuineness of handwriting, based upon familiarity not

acquired for purposes of the litigation.

(3) Comparison by Court or Expert Witness. Comparison by the

court or by expert witnesses with specimens which have been authenticated.

(4) Distinctive Characteristics and the Like. Appearance,

contents, substance, internal patterns, or other distinctive

characteristics, taken in conjunction with circumstances.

(5) Voice Identification. Identification of a voice, whether

heard firsthand or through mechanical or electronic transmission

or recording, by opinion based upon hearing the voice at any time

under circumstances connecting it with the alleged speaker.

(6) Telephone Conversations. Telephone conversations, by

evidence that a call was made to the number assigned at the time

by the telephone company to a particular person or business, if

(i) in the case of a person, circumstances, including

self-identification, show the person answering to be the one

called, or (ii) in the case of a business, the call was made to a

place of business and the conversation related to business

reasonably transacted over the telephone.

(7) Public Records or Reports. (Reserved. See RCW 5.44 and CR 44.)

(8) Ancient Documents or Data Compilation. Evidence that a

document or data compilation, in any form, (i) is in such

condition as to create no suspicion concerning its authenticity,

(ii) was in a place where it, if authentic, would likely be, and

(iii) has been in existence 20 years or more at the time it is offered.

(9) Process or System. Evidence describing a process or

system used to produce a result and showing that the process or

system produces an accurate result.

(10) Methods Provided by Statute or Rule. Any method of

authentication or identification provided by statute or court rule.

[Adopted effective April 2, 1979.]



RULE ER 902

SELF-AUTHENTICATION


Extrinsic evidence of authenticity as a condition precedent

to admissibility is not required with respect to the following:

(a) Domestic Public Documents Under Seal. A document bearing

a seal purporting to be that of the United States, or of any

state, district, commonwealth, territory, or insular possession

thereof, or the Panama Canal Zone, or the Trust Territory of the

Pacific Islands, or of a political subdivision, department,

officer, or agency thereof, and a signature purporting to be an

attestation or execution.

(b) Domestic Public Documents Not Under Seal. A document

purporting to bear the signature in the official capacity of an

officer or employee of any entity included in section (a), having

no seal, if a public officer having a seal and having official

duties in the district or political subdivision of the officer or

employee certifies under seal that the signer has the official

capacity and that the signature is genuine.

(c) Foreign Public Documents. A document purporting to be

executed or attested in an official capacity by a person

authorized by the laws of a foreign country to make the execution

or attestation, and accompanied by a final certification as to

the genuineness of the signature and official position (1) of the

executing or attesting person, or (2) of any foreign official

whose certificate of genuineness of signature and official

position relates to the execution or attestation or is in a chain

of certificates of genuineness of signature and official position

relating to the execution or attestation. A final certification

may be made by a secretary of embassy or legation, consul

general, consul, vice-consul, or consular agent of the United

States, or a diplomatic or consular official of the foreign

country assigned or accredited to the United States. If

reasonable opportunity has been given to all parties to

investigate the authenticity and accuracy of official documents,

the court may, for good cause shown, order that they be treated

as presumptively authentic without final certification or permit

them to be evidenced by an attested summary with or without final certification.

(d) Certified Copies of Public Records. A copy of an official

record or report or entry therein, or of a document authorized by

law to be recorded or filed and actually recorded or filed in a

public office, including data compilations in any form, certified

as correct by the custodian or other person authorized to make

the certification, by certificate complying with section (a),

(b), or (c) of this rule or complying with any applicable law,

treaty or convention of the United States, or the applicable law

of a state or territory of the United States.

(e) Official Publications. Books, pamphlets, or other

publications purporting to be issued by public authority.

(f) Newspapers and Periodicals. Printed materials purporting

to be newspapers or periodicals.

(g) Trade Inscriptions and the Like. Inscriptions, signs,

tags, or labels purporting to have been affixed in the course of

business and indicating ownership, control, or origin.

(h) Acknowledged Documents. Documents accompanied by a

(h) Acknowledged Documents. Documents accompanied by a

certificate of acknowledgment executed in the manner provided by

law by a notary public or other officer authorized by law to take acknowledgments.

(i) Commercial Paper and Related Documents. Commercial paper,

signatures thereon, and documents relating thereto to the extent

provided by general commercial law.

(j) Presumptions Created by Law. Any signature, document, or

other matter declared by any law of the United States or of this

state to be presumptively or prima facie genuine or authentic.

[Amended effective August 27, 1980; September 1, 1988; September 1, 1992.]


RULE ER 904

ADMISSIBILITY OF DOCUMENTS

(a) Certain Documents Admissible. In a civil case, any of the

following documents proposed as exhibits in accordance with

section (b) of this rule shall be deemed admissible unless

objection is made under section (c) of this rule:

(1) A bill, report made for the purpose of treatment, chart,

record of a hospital, doctor, dentist, registered nurse, licensed

practical nurse, physical therapist, psychologist or other health

care provider, on a letterhead or billhead;

(2) A bill for drugs, medical appliances or other related

expenses on a letterhead or billhead;

(3) A bill for, or an estimate of, property damage on a

letterhead or billhead. In the case of an estimate, the party

intending to offer the estimate shall forward a copy to the

adverse party with a statement indicating whether or not the

property was repaired, and if it was, whether the estimated

repairs were made in full or in part and attach a copy of the

receipted bill showing the items of repair and amounts paid;

(4) A weather or traffic signal report, or standard United

States government table;

(5) A photograph, x-ray, drawing, map, blueprint or similar

documentary evidence;

(6) A document not specifically covered by any of the

foregoing provisions but relating to a material fact and having

equivalent circumstantial guaranties of trustworthiness, the

admission of which would serve the interests of justice.

(b) Notice. Any party intending to offer a document under

this rule must serve on all parties a notice, no less than 30

days before trial, stating that the documents are being offered

under Evidence Rule 904 and shall be deemed authentic and

admissible without testimony or further identification, unless

objection is served within 14 days of the date of notice,

pursuant to ER 904(c). The notice shall be accompanied by (1)

numbered copies of the documents and (2) an index, which shall be

organized by document number and which shall contain a brief

description of the document along with the name, address and

telephone number of the document's author or maker. The notice

shall be filed with the court. Copies of documents that accompany

the notice shall not be filed with the court.

(c) Objection to Authenticity or Admissibility. Within 14

days of notice, any other party may serve on all parties a

written objection to any document offered under section (b),

identifying each document to which objection is made by number

and brief description.

(1) If an objection is made to a document on the basis of

authentication, and if the court finds that the objection was

made without reasonable basis, the offering party shall be

entitled to an award of expenses and reasonable attorney fees

incurred as a result of the required proof of authentication as

to each such document determined to be authentic and offered as

an exhibit at the time of trial.

(2) If an objection is made to a document on the basis of

admissibility, the grounds for the objection shall be

specifically set forth, except objection on the grounds of

relevancy need not be made until trial. If the court finds that

the objection was made without reasonable basis and the document

is admitted as an exhibit at trial, the court may award the

offering party any expenses incurred and reasonable attorney fees.

(d) Effect of Rule. This rule does not restrict argument or

proof relating to the weight to be accorded the evidence

submitted, nor does it restrict the trier of fact's authority to

determine the weight of the evidence after hearing all of the

evidence and the arguments of opposing parties.

[Adopted effective September 18, 1992; amended effective October 29, 1993; January 27, 1998.]


RULE 1005

PUBLIC RECORDS

The contents of an official record, or of a document

authorized to be recorded or filed and actually recorded or

filed, including data compilations in any form, if otherwise

admissible, may be proved by copy, certified as correct in

accordance with rule 902 or testified to be correct by a witness

who has compared it with the original. If a copy which complies

with the foregoing cannot be obtained by the exercise of

reasonable diligence, then other evidence of the contents may be given.



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