WSR 98-03-035
RULES OF COURT
STATE SUPREME COURT
[January 8, 1998]
IN THE MATTER OF THE ADOPTION ) ORDER
OF THE AMENDMENT TO ER 904 ) NO. 25700-A-618
The Washington State Bar Association having recommended the adoption of the proposed amendment to ER 904, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as attached hereto is adopted.
(b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 8th day of January, 1998.
Durham, C.J.
_______________________
J. M. Dolliver Madsen, J.
________________________ ________________________
Smith, J. Alexander, J.
________________________ ________________________
Guy, J. Talmadge, J.
________________________ ________________________
Johnson, J. Sanders, J.
________________________ ________________________
(a) Certain Documents Admissible. In a civil case, any of the The
following documents, if relevant may be admitted in civil cases proposed
as exhibits in accordance with section (b) and (c) 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 practice nures, 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 police, weather, or traffic signal report, or standard United
States government table;
(5) A photograph, x-ray, drawing, map, blueprint or similar
documentary evidence, to the extent it is admissible under the other
rules of evidence, but without the need for formal proof of
authentication or identification:
(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 documents under this
rule must serve on all parties a notice, accompanied by a copy of the
document and the name, address and telephone number of its author or
maker, at least no less than 30 days before prior to 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 Opposing Party May
Require Proof of Identification and Authentication. Any other party may,
within Within 14 days of notice, any other party may serve on all parties
serve a written objection to any document offered under section (b),
identifying each document to which objection is made by number and brief
description proposed to be offered under this rule. In the event of
objection, the document shall be admitted into evidence only in
accordance with the other rules of evidence. If the court finds that
such objection was made without a reasonable basis, then the court may
award expenses in accordance with GR 37(c).
(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) No Effect Regarding Weight of Evidence Submitted 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.
Reviser's note: The typographical error in the above material
occurred in the copy filed by the agency and appears in the Register
pursuant to the requirements of RCW 34.08.040.
Reviser's note: The spelling error in the above material occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.