Title 5 — Title 5 EVIDENCE

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.[ 2011 c 22 s 5.]

An unsworn declaration under this chapter must be in substantially the following form:I declare under penalty of perjury under the law of Washington that the foregoing is true and correct.Signed on the . . . . day of . . . . . ., . . . .,(date) (month) (year)at . . . . . . . . . …

This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any …

This chapter may be cited as the uniform unsworn declarations act.[ 2019 c 232 s 4; 2011 c 22 s 1.]

In applying and construing this uniform act and chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2019 c 232 s 5; 2011 c 22 s 7.]

In this chapter:(1) "Foreign jurisdiction" means a state other than Washington state.(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.(3) "Person" means an individual, corporation, business trust, estate, trust, partner…

(1)(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this chapter does not constitute an app…

A subpoena issued by a clerk of court under RCW 5.51.020 must be served in compliance with superior court civil rule (CR) 45.[ 2012 c 95 s 4.]

Superior court civil rules (CR) 26 through 37 apply to subpoenas issued under RCW 5.51.020.[ 2012 c 95 s 5.]

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under RCW 5.51.020 must comply with the rules or statutes of Washington state and be submitted to the court in the county in which discovery is to be conducted…

This act [chapter] may be known and cited as the uniform interstate depositions and discovery act.[ 2012 c 95 s 1.]

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact this chapter.[ 2012 c 95 s 7.]

This chapter applies to requests for discovery in cases pending on June 7, 2012.[ 2012 c 95 s 8.]

Contracts made by telegraph shall be deemed to be contracts in writing; and all communications sent by telegraph and signed by the person or persons sending the same, or by his, her, or their authority, shall be held and deemed to be communications in writing.[ 2011 c 336 s 139; …

Whenever any notice, information, or intelligence, written or otherwise, is required to be given, the same may be given by telegraph: PROVIDED, That the dispatch containing the same be delivered to the person entitled thereto, or to his or her agent or attorney. Notice by telegra…

Any power of attorney, or other instrument in writing, duly proved or acknowledged, and certified so as to be entitled to record may, together with the certificate of its proof or acknowledgment, be sent by telegraph, and telegraphic copy, or duplicate thereof, shall, prima facie…

Checks, due bills, promissory notes, bills of exchange and all orders or agreements for the payment or delivery of money, or other thing of value, may be made or drawn by telegraph, and when so made or drawn, shall have the same force and effect to charge the maker, drawer, indor…

Except as otherwise provided in this chapter, any instrument in writing, duly certified, under his or her hand and official seal, by a notary public, commissioner of deeds, or clerk of a court of record, to be genuine, within the personal knowledge of such officer, may, together …

Whenever any document to be sent by telegraph bears a seal, either private or official, it shall not be necessary for the operator in sending the same, to telegraph a description of the seal, or any words or device thereon, but the same may be expressed in the telegraphic copy by…

The term "telegraphic copy," or "telegraphic duplicate," whenever used in this chapter, shall be construed to mean any copy of a message, made or prepared for delivery at the office to which said message may have been sent by telegraph.[Code 1881 s 2362; 1865 p 77 s 21; RRS s 113…

Except as provided in RCW 7.115.020, any person may be compelled to attend as a witness before any court of record, judge, commissioner, or referee, in any civil action or proceeding in this state. No such person shall be compelled to attend as a witness in any civil action or pr…

A person present in court or before a judicial officer, may be required to testify in the same manner as if he or she were in attendance upon a subpoena issued by such court or officer.[ 2011 c 336 s 142; Code 1881 s 397; 1877 p 88 s 399; 1869 p 106 s 392; 1854 p 188 s 299; RRS s…

If any person duly served with a subpoena and obliged to attend as a witness, shall fail to do so, without any reasonable excuse, he or she shall be liable to the aggrieved party for all damages occasioned by such failure, to be recovered in a civil action.[ 2011 c 336 s 143; Cod…

A failure to attend as required by the subpoena, shall also be considered a contempt of court as provided in chapter 7.21 RCW.[ 1989 c 373 s 8; Code 1881 s 399; 1877 p 88 s 401; 1869 p 106 s 394; 1854 p 188 s 301; RRS s 1220, part. Formerly RCW 5.56.060, part.]Notes:Rules of cour…

The court, judge, or other officer, in such case, may issue an attachment to bring such witness before them to answer for contempt, and also testify as witness in the cause in which he or she was subpoenaed.[ 1987 c 202 s 125; Code 1881 s 400; 1877 p 88 s 402; 1869 p 106 s 395; 1…

Such attachment may be directed to the sheriff or any deputy of any county in which the witness may be found, and shall be executed in the same manner as a warrant; and the fees of the officer for issuing and serving the same shall be paid by the person against whom the same was …

If the witness be a prisoner confined in a jail or prison within this state, an order for his or her examination in prison, upon deposition, or for his or her temporary removal and production before a court or officer, for the purpose of being orally examined, may be issued.[ 201…

Such order can only be made upon affidavit, showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.[Code 1881 s 402; 1877 p 88 s 404; 1869 p 106 s 397; 1854 p 189 s 304; RRS s 1224.]

Every person of sound mind and discretion, except as hereinafter provided, may be a witness in any action, or proceeding.[ 1986 c 195 s 1; Code 1881 s 388; 1877 p 85 s 390; 1869 p 103 s 383; 1854 p 186 s 289; RRS s 1210.]

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 …

The following persons shall not be competent to testify:(1) Those who are of unsound mind, or intoxicated at the time of their production for examination, and(2) Those who appear incapable of receiving just impressions of the facts, respecting which they are examined, or of relat…

*** CHANGE IN 2026 *** (SEE 2471-S.SL) ***(1) A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or after…

(1) If there is a court order to mediate, a written agreement between the parties to mediate, or if mediation is mandated under RCW 7.70.100, then any communication made or materials submitted in, or in connection with, the mediation proceeding, whether made or submitted to or by…

Notwithstanding the provisions of RCW 5.60.070 and chapter 7.07 RCW, when any party participates in mediation conducted by a state or federal agency under the provisions of a collective bargaining law or similar statute, the agency's rules govern questions of privilege and confid…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Registered nurse" means a registered nurse or advanced nurse practitioner licensed under chapter 18.79 RCW.(2) "Protocol" means a regimen to be carried out by a regis…

No registered nurse providing primary care or practicing under protocols, whether or not the physical presence or direct supervision of a physician is required, may be examined in a civil or criminal action as to any information acquired in attending a patient in the registered n…

Notwithstanding anything to the contrary in this chapter, the privilege created in this chapter is subject to the same limitations and exemptions contained in RCW 26.44.060(3) and 51.04.050 as those limitations and exemptions relate to the physician/patient privilege of RCW 5.60.…

(1) In any civil action against a health care provider for personal injuries which is based upon alleged professional negligence, or in any arbitration or mediation proceeding related to such civil action, evidence of furnishing or offering or promising to pay medical, hospital, …

(1) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident, and made to that person or to the family of that person, shall be inadmissible as e…

(1) Except as provided in subsection (2) of this section, no judicial, legislative, administrative, or other body with the power to issue a subpoena or other compulsory process may compel the news media to testify, produce, or otherwise disclose:(a) The identity of a source of an…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Amplified DNA" means DNA generated during scientific analysis using a polymerase chain reaction.(2) "Association" means the Washington association of sheriffs and poli…

(1) In any felony case initially charged as a violent or sex offense, as defined in RCW 9.94A.030, a governmental entity shall preserve any DNA work product that has been secured in connection with the criminal case, including related investigatory reports and records, according …

(1) Nothing in this chapter precludes the trial court from ordering the destruction of DNA reference samples contributed by a defendant who was charged and acquitted or whose conviction was overturned in connection with a violent or sex offense as defined in RCW 9.94A.030.(2)(a) …

(1)(a) Any unreported sexual assault kit collected on or after June 30, 2020, must be transported from the collecting entity to the applicable local law enforcement agency.(b) By January 1, 2021, unreported sexual assault kits collected prior to June 30, 2020, and stored accordin…

(1) When a law enforcement agency receives a sexual assault kit, the law enforcement agency must, within thirty days of its receipt, submit a request for laboratory examination to the Washington state patrol crime laboratory for prioritization for testing by it or another accredi…

(1) Law enforcement agencies shall submit requests for forensic analysis of all sexual assault kits collected prior to July 24, 2015, and in the possession of the agencies to the Washington state patrol crime laboratory by October 1, 2019, except submission for forensic analysis …

(1) For any sexual assault kit under RCW 5.70.050 where forensic analysis has generated a profile that has resulted in a hit in the combined DNA index system, the office of the attorney general shall request information from the applicable law enforcement agency and prosecuting a…

(1) For purposes of this section:(a) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place situated in Washington state where a health care provider provides health care to patients.(b) "Health care provider" means a person licensed, …