Title 5 — Title 5 EVIDENCE

Every court of this state shall take judicial notice of the Constitution, common law, civil law, and statutes of every state, territory and other jurisdiction of the United States.[ 1941 c 82 s 1; Rem. Supp. 1941 s 1278.]

The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.[ 1941 c 82 s 2; Rem. Supp. 1941 s 1279.]

The determination of such laws shall be made by the court and not by the jury and shall be reviewable.[ 1941 c 82 s 3; Rem. Supp. 1941 s 1280.]

This chapter shall not be construed to relieve any party of the duty of hereafter pleading such laws where required under the law and practice of this state.[ 1981 c 331 s 14; 1941 c 82 s 4; Rem. Supp. 1941 s 1281.]Notes:Court Congestion Reduction Act of 1981—Purpose—Severability…

The law of any jurisdiction other than a state, territory or other jurisdiction of the United States shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.[ 1941 c 82 s 5; Rem. Supp. 1941 s 1282.]

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.[ 1941 c 82 s 6; Rem. Supp. 1941 s 1283.]

This chapter may be cited as the "Uniform Judicial Notice of Foreign Laws Act."[ 1941 c 82 s 7; Rem. Supp. 1941 s 1284.]

Every court, judge, clerk of a court, state-certified court reporter, or notary public, is authorized to take testimony in any action, suit or proceeding, and such other persons in particular cases as authorized by law. Every such court or officer is authorized to collect fees es…

An oath may be administered as follows: The person who swears holds up his or her hand, while the person administering the oath thus addresses him or her: "You do solemnly swear that the evidence you shall give in the issue (or matter) now pending between . . . . . . . . and . . …

Whenever the court or officer before which a person is offered as a witness is satisfied that he or she has a peculiar mode of swearing connected with or in addition to the usual form of administration, which, in witness' opinion, is more solemn or obligatory, the court or office…

When a person is sworn who believes in any other than the Christian religion, he or she may be sworn according to the peculiar ceremonies of his or her religion, if there be any such.[ 2011 c 336 s 134; 2 H. C. s 1696; 1869 p 379 s 4; RRS s 1267.]

Any person who has conscientious scruples against taking an oath, may make his or her solemn affirmation, by assenting, when addressed, in the following manner: "You do solemnly affirm that," etc., as in RCW 5.28.020.[ 2011 c 336 s 135; 2 H. C. s 1697; 1869 p 379 s 5; RRS s 1268.…

Whenever an oath is required, an affirmation, as prescribed in RCW 5.28.050 is to be deemed equivalent thereto, and a false affirmation is to be deemed perjury, equally with a false oath.[2 H. C. s1698; 1869 p 379 s 6; RRS s 1269.]Notes:Perjury: Chapter 9A.72 RCW.

Pleadings sworn to by either party in any case shall not, on the trial, be deemed proof of the facts alleged therein, nor require other or greater proof on the part of the adverse party.[Code 1881 s 741; 1877 p 151 s 746; 1854 p 219 s 484; RRS s 283.]

A written finding of presumed death, made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such finding, pursuant to the federal missing persons act (56 Stat. 143, 1092, and P.L. 408, Ch. 371, 2d Sess. 78th C…

An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States author…

For the purposes of RCW 5.40.020 and 5.40.030 any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said sections, shall prima facie be deemed to have been signed and is…

A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty as provided by statute, ordinance, or administrative rule relating…

(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the…

The records and proceedings of any court of the United States, or any state or territory, or any federally recognized Indian tribe, are admissible in evidence in all cases in this state when duly certified by the attestation of the clerk, prothonotary or other officer having char…

Judgment for debt rendered in any other state or any territory against any person or persons residents of this state at the time of the rendition of such judgment, shall not be of any higher character as evidence of indebtedness than the original claim or demand upon which such j…

The same defense to suits on judgments rendered without such personal service may be made by the judgment debtor, which might have been set up in the original proceeding.[Code 1881 s 740; 1877 p 150 s 745; 1869 p 171 s 682; 1866 p 88 s 2; RRS s 1256.]

Copies of all records and documents on record or on file in the offices of the various departments of the United States and of this state or any other state or territory of the United States or any federally recognized Indian tribe, when duly certified by the respective officers …

Printed copies of the statute laws of any state, territory, foreign government, or federally recognized Indian tribe[,] if purporting to have been published under the authority of the respective governments, or if commonly admitted and read as evidence in their courts, must be ad…

Whenever any deed, conveyance, bond, mortgage or other writing, shall have been recorded or filed in pursuance of law, copies of record of such deed, conveyance, bond or other writing, duly certified by the officer having the lawful custody thereof, with the seal of the office an…

Copies of all deeds or other instruments of writing, maps, documents and papers which by law are to be filed or recorded in the office of said county auditor, and all transcripts or exemplifications of the records of the proceedings of the board of county commissioners certified …

All ordinances passed by the legislative body of any city or town shall be recorded in a book to be kept for that purpose by the city or town clerk, and when so recorded the record thereof so made shall be received in any court of the state as prima facie evidence of the due pass…

The secretary of state and the clerk of the superior court, shall, upon demand and the payment of the fee required by law, issue a certified copy of any such instrument restoring civil rights filed in their respective offices, and every such certified copy shall be received in ev…

A seal of court or public office, when required to any writ, process, or proceeding to authenticate a copy of any record or document, may be affixed by making an inked, printed, or embossed impression directly on the document and shall be considered valid.[ 2006 c 198 s 1; Code 1…

In any proceeding regarding the determination of a family relationship, including but not limited to the parent and child relationship and the marriage relationship, a determination of family relationships regarding any person or persons who immigrated to the United States from a…

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …

The term "business" shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.[ 1947 c 53 s 1; Rem. Supp. 1947 s 1263-1. Formerly RCW 5.44.100.]

A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, …

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.[ 1947 c 53 s 3; Rem. Supp. 1947 s 1263-3. Formerly RCW 5.44.120.]

This chapter may be cited as The Uniform Business Records as Evidence Act.[ 1947 c 53 s 4; Rem. Supp. 1947 s 1263-4.]

If any business, institution, member of a profession or calling or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occ…

This chapter shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.[ 1953 c 273 s 2.]

This chapter may be cited as the "Uniform Photographic Copies of Business and Public Records as Evidence Act."[ 1953 c 273 s 3.]

All acts or parts of acts which are inconsistent with the provisions of this act are repealed.[ 1953 c 273 s 4.]

Whenever a pleading, process, return, verdict, bill of exceptions, order, entry, stipulation or other act, file or proceeding in any action or proceeding pending in any court of this state shall have been lost or destroyed by fire or otherwise, or is withheld by any person, such …

Whenever the record required by law of the proceedings, judgment or decree in any action or other proceeding of any court in this state in which a final judgment has been rendered, or any part thereof, is lost or destroyed by fire or otherwise, such court may, upon the applicatio…

Whenever the record required by law, or any part thereof, of the proceedings or judgment or decree in any action or other proceeding of any court in this state in which the final judgment has been rendered, is lost or destroyed by fire or otherwise, and such loss cannot be suppli…

Upon the hearing of the application provided in RCW 5.48.030, the court may admit in evidence oral testimony and any complete or partial abstract of such record, docket entries or indices, and any other written evidence of the contents or effect of such records and published repo…

Whenever a lost or destroyed judgment or order is one to which either party has a right to a proceeding in error or of appeal, the time intervening between the filing of the application mentioned in RCW 5.48.030 and the final order of the court thereon shall be excluded in comput…

The costs to be taxed, upon an application to restore a lost or destroyed record, shall be the same as are provided for like service in civil actions, and may be adjudged against either or any party to such proceeding or application, or may, in the discretion of the court, be app…

In case of the loss or destruction by fire or otherwise of the records, or any part thereof, of any probate court or superior court having probate jurisdiction, the judge of any such court may proceed, upon its own motion, or upon application in writing of any party in interest, …

The costs incurred in the probate and superior courts in proceedings under RCW 5.48.051 and 5.48.060 shall be paid by the party or parties interested in such proceedings, or in whose behalf such proceedings are instituted.[ 1890 p 340 s 8; RRS s 1277. FORMER PART OF SECTION: 1890…

In this chapter:(1) "Law" includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order.(2) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is …

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.[ 2019 c 232 s 2; 2…

(1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.(2) This chapter does not apply to…