Evidence Issue Statements

Front 1

Opening Argument

Back 1

Washington has adopted, with minor variations, the Federal Rules of Evidence, which attempt to provide fact finders with reliable relevant facts and exclude all else.

Front 2

Relevance

Back 2

• In order for evidence to be admitted, it must be relevant, i.e., tend to prove or disprove a material issue in dispute. Although relevant, the court has discretion to exclude the evidence if it finds that the probative value is outweighed by its danger for unfair prejudice, confusion, and undue delay.

Front 3

Relevant evidence / hearsay rule

Back 3

• Relevant evidence is generally inadmissible if it is barred by the hearsay rule and no exception to the hearsay rule applies.

Front 4

Subsequent remedial measures

Back 4

• Subsequent remedial measures are inadmissible to show negligence, culpable conduct, or defective product.

Front 5

Settlement negotiations

Back 5

• Settlement negotiations including criminal plea bargaining are inadmissible. However, an offer to compensate a criminal witness may be admissible in a criminal case as criminal negotiations are not protected.

Front 6

Spousal privilege

Back 6

• The spousal privilege assumes that communications between a validly married husband and wife are confidential even if the couple later divorces.

Front 7

Physician-patient privilege

Back 7

• The physician-patient privilege protects communications intended to be confidential including details contained in a patient’s medical records.

Front 8

Physical and tangible evidence

Back 8

• All physical evidence to be introduced must be able to show a prior chain of custody and all non-testimonial evidence must be authenticated.

Front 9

Witness competency

Back 9

• For a person to testify as a witness, she must be competent. This requires: (1) personal knowledge (2) present recollection and (3) ability to communicate. Any document may be used to refresh a witness’ memory.

Front 10

Past criminal records

Back 10

• Past criminal records of the ∆ are not admissible to prove the character or propensity of a person in order to show conformity therewith. However, it may be admissible for other purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of accident or mistake.

Front 11

Best Evidence Rule

Back 11

• Under the Best Evidence Rule, if a party wishes to prove the content of a writing, photo, or drawing, they must submit the original or a duplicate at trial.

Front 12

Expert Witness

Back 12

• An expert witness must be qualified by knowledge, skill, experience, training, or education and their opinion must be helpful to the trier of fact.

Front 13

Hearsay

Back 13

• Hearsay is an out of court statement of fact offered to prove the truth of the matter asserted. Many statements are not hearsay such as prior inconsistent statements and admissions of a party opponent.