5065-S AMS THIB YURC 001

WITHDRAWN 03/10/2005

SSB 5065 - S AMD 149

By Senator Thibaudeau

On page 1, line 6, before "Hospitals" insert "(1)".

On page 1, line 9, after "RCW 7.70.065." insert "Except as provided in subsection (2) of this section,".

On page 1, after line 13, insert "(2) Subject to an in-camera review of the court, a statement or statements of specific acts evidencing fault inadmissible under subsection (1) of this section may be used to impeach a fact witness in a civil or administrative proceeding if it contradicts subsequent testimony on issues of fact made by the witness in the civil or administrative hearing. The party wishing to use the previous statement must first show the court by clear and convincing evidence that the witness, in testimony provided in deposition or at trial in the present proceeding, has contradicted his or her previous statements on an issue of fact material to the present proceeding. In that case, the party may use only the excerpt or excerpts necessary to demonstrate the contradiction. This section shall not be interpreted as expanding the scope of material that may be used to impeach a witness."

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EFFECT: Creates a limited exception to the grant of inadmissibility for specific statements of fact later directly contradicted by a witness in deposition or testimony.