Z-0275.1 _______________________________________________
HOUSE BILL 1290
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State of Washington 55th Legislature 1997 Regular Session
By Representatives Sheahan, Lantz and Costa
Read first time 01/21/97. Referred to Committee on Law & Justice.
AN ACT Relating to eliminating dead man's statute provisions; and amending RCW 5.60.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 5.60.030 and 1977 ex.s. c 80 s 3 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)).
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