H-1249              _______________________________________________

                                                   HOUSE BILL NO. 1674

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representative Wang

Read first time 2/1/89 and referred to Committee on Judiciary.

AN ACT Relating to competency of witnesses; amending RCW 5.60.030; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     It is the intent of the legislature to eliminate the "deadman's statute," an exception to the general rule that every person is competent to be a witness.

        Sec. 2.  Section 290, page 186, Laws of 1854 as last amended by section 3, chapter 80, Laws of 1977 ex. sess. and RCW 5.60.030 are each amended to read as follows:

          No person offered as a witness shall be excluded from giving evidence by reason of his or her interest in the event of the action, as a party thereto or otherwise, but such interest may be shown to affect his or her credibility((:  PROVIDED, HOWEVER, That in an action or proceeding where the adverse party sues or defends as executor, administrator or legal representative of any deceased person, or as deriving right or title by, through or from any deceased person, or as the guardian or limited guardian of the estate or person of any incompetent or disabled person, or of any minor under the age of fourteen years, then a party in interest or to the record, shall not be admitted to testify in his or her own behalf as to any transaction had by him or her with, or any statement made to him or her, or in his or her presence, by any such deceased, incompetent or disabled person, or by any such minor under the age of fourteen years:  PROVIDED FURTHER, That this exclusion shall not apply to parties of record who sue or defend in a representative or fiduciary capacity, and have no other or further interest in the action)).