RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO ER 501-GENERAL RULE | ) ) ) |
ORDER NO. 25700-A-992 |
Now, therefore, it is hereby
ORDERED:
(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2012.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2012. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.
DATED at Olympia, Washington this 4th day of November, 2011.
| For the Court Madsen, C.J. |
|
| CHIEF JUSTICE |
Suggested Amendment
EVIDENCE RULES (ER)
Rule 501 - General Rule
Submitted by the Board of Governors of the
Washington State Bar Association
The suggested amendment to ER 501 would strike references to these two cases, and instead refer to the statute that governs the journalist privilege: RCW 5.68.010. A concurrent proposal would eliminate a reference to "case law" at the top of the rule, as there would no longer be a reference to case law following each privileged in the rule. This suggested amendment would not create any privilege nor abrogate any privilege by implication or omission and is designed to consistently refer to the relevant statutes.
ER 501(f) currently refers to the "Husband Wife" privilege. Since its inception, the Revised Code of Washington has been updated to refer to the "Spouse or Domestic Partner" privilege. The suggested amendment would amend the reference to conform to the language contained in the applicable statutory provisions. RCW 26.21.355(8) has also been replaced by RCW 26.21A.275(8). Accordingly, the suggested amendment would update and correct the cited statutory references.
EVIDENCE RULES (ER)
Rule 501 - General Rule
(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 Spouse or Domestic Partner. (Reserved.
See RCW 5.60.060(1), 26.20.071, 26.21.355(8) 26.21A.275(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) RCW 5.68.010.)
(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.)