WSR 13-15-051
RULES OF COURT
STATE SUPREME COURT
[July 10, 2013]
IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO ER 804-HEARSAY EXCEPTIONS: DECLARANT UNAVAILABLE
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ORDER
NO. 25700-A-1026
The Supreme Court Rules Committee having recommended the adoption of the proposed amendments to the Washington State Bar Association's ER 804-Hearsay Exceptions: Declarant Unavailable; and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as shown below are adopted.
(b) That the amendments will be published in the Washington Reports and will become effective September 1, 2013.
DATED at Olympia, Washington this 10th day of July, 2013.
 
 
Madsen, C.J.
C. Johnson, J.
 
Stephens, J.
Owens, J.
 
Wiggins, J.
Fairhurst, J.
 
Gonzalez, J.
J. M. Johnson, J.
 
Gordon McCloud, J.
SUGGESTED AMENDMENT
SUPERIOR COURT RULES OF EVIDENCE (ER)
RULE 804 - HEARSAY EXCEPTIONS: DECLARANT UNAVAILABLE
(a) Definition of unavailability. [Unchanged]
(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:
[1 - 5 unchanged]
(6) Forfeiture by wrongdoing. A statement offered against a party that has engaged directly or indirectly in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.