title: RCW 49.99.150

text:
(1) If an agreement through collective bargaining has not been reached within six months of certification, or within six months of the expiration of the last collective bargaining agreement, the parties may agree in writing to continue to bargain for an additional month. Thereafter, they may agree in writing to continue bargaining on a month-to-month basis. If the parties have not entered a written agreement to extend bargaining, or final agreement to extend bargaining has expired, the parties must submit their dispute to interest arbitration. Each party must submit that party's last and final proposals upon which there exists an impasse. All impasse items must be submitted to arbitration. The arbitrator or arbitration panel is empowered to review the parties' final proposals and to consider mediator findings, if any, and to issue a decision on the submitted items along with the previously agreed items, such that a complete agreement is imposed through the arbitration. The arbitrator or arbitration panel is also empowered to consider evidence submitted by the parties concerning factors such as the employer's ability to meet the costs of a contract, employee compensation at comparable employers, and cost of living in the relevant geographic area in their decision-making process.
(2)(a) If the parties cannot agree on the arbitrator or arbitration panel within five days of the expiration of the six-month period following certification or expiration of the previous agreement, or of the expiration of the final written extension of bargaining, the parties must apply to the commission or, if both parties agree, to the American arbitration association to provide a list of five qualified arbitrators from which the arbitrator must be chosen.
(b) Each party must pay the fees and expenses of the arbitrator or arbitration panel, and the fees and expenses of the neutral chair must be shared equally between the parties.
(3) In consultation with the parties, the arbitrator or arbitration panel shall promptly establish a date, time, and place for a hearing which may be no later than two months following the appointment of the arbitrator. The arbitrator or arbitration panel shall provide reasonable notice thereof to the parties to the dispute. The parties must exchange final positions in writing, with copies to the arbitrator or arbitration panel, with respect to every issue to be arbitrated, on a date mutually agreed upon, but in no event later than 10 working days before the date set for hearing. A hearing must be held, and each party must have the opportunity to present evidence and make arguments. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chair of the arbitration panel may be received in evidence. A recording of the proceedings must be taken. The arbitrator or arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitrator or arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof.
(4) Within 30 days following the conclusion of the hearing, the arbitrator or arbitration panel shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented. A copy thereof must be served on each of the parties to the dispute. That determination is final and binding upon both parties, subject to review by the superior court upon the application of either party.
(5) The superior court's scope of review is limited to whether:
(a) The arbitrator or arbitration panel acted without, or in excess of, their powers;
(b) The arbitration has proceeded in the manner required by law;
(c) The order or decision of the arbitrator or arbitration panel was procured by fraud or was an abuse of discretion;
(d) The decision of the arbitrator or arbitration panel was arbitrary or capricious; and
(e) The arbitrator or arbitration panel's decision violated either of the parties' constitutional or statutory rights.
[ 2026 c 130 s 15.]

catchline: Continuation of agreement during dispute—Arbitration—Judicial review.


doc_type: statute

jurisdiction: wa

title: RCW 49.99.160

text:
(1) In addition to any contractually agreed method for selecting arbitrators, the parties may mutually request the commission to, and the commission shall, appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between an employer and an exclusive bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator shall conduct such arbitration of such dispute in a manner as provided for in the collective bargaining agreement.
(2) The commission may not collect any fees or charges from such employer or such exclusive bargaining representative for services performed by the commission under the provisions of this chapter.
(3) The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2026 c 130 s 16.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Appointment of arbitrator by commission.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.99.170

text:
Nothing in this chapter, except as specifically provided for herein, interferes with, impedes, or diminishes in any way the right to strike. However, a labor organization, before engaging in any strike or other concerted refusal to work at any health care institution shall, not less than 10 days prior to such action, notify the institution in writing and the commission of that intention. The notice must state the date and time that such action will commence.
[ 2026 c 130 s 17.]

catchline: Right to strike—Notice.


title: RCW 49.99.180

text:
An employer engaged primarily in the building and construction industry may make an agreement covering employees engaged, or who upon their employment will be engaged in the building and construction industry, with a labor organization of which building and construction employees are members, notwithstanding that:
(1) The majority status of such labor organization has not been established under the provisions of this chapter prior to the making of such agreement;
(2) The agreement requires the employer to notify the labor organization of opportunities for employment with such employer, or gives the labor organization an opportunity to refer qualified applicants for such employment; or
(3) The agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of services with such employer, in the industry or in the particular geographical area.
[ 2026 c 130 s 18.]

catchline: Building and construction industry employers—Agreements.


title: RCW 49.99.190

text:
The commission shall promulgate, revise, or rescind such rules and regulations as it deems necessary or appropriate to administer the provisions of this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2026 c 130 s 19.]

catchline: Rule-making authority.


title: RCW 49.99.200

text:
Actions taken by or on behalf of the commission must be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW is applicable to all such actions and rules. However, if a conflict exists between this chapter and 34.05 RCW, this chapter governs.
[ 2026 c 130 s 20.]

catchline: Administrative procedure—Conflict.


title: RCW 5.24.010

text:
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.]

catchline: Judicial notice of Constitution and laws.


title: RCW 5.24.020

text:
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.]

catchline: Manner of obtaining information.


title: RCW 5.24.030

text:
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.]

catchline: Determination by court—Review.


title: RCW 5.24.040

text:
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—1981 c 331: See notes following RCW 2.32.070.

catchline: Necessity of pleading foreign laws.


title: RCW 5.24.050

text:
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.]

catchline: Jurisdictions excepted.


title: RCW 5.24.060

text:
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.]

catchline: Construction of chapter.


title: RCW 5.24.070

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

catchline: Short title.


title: RCW 5.28.010

text:
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 established under RCW 36.18.020 and 36.18.012 through 36.18.018 and to administer oaths and affirmations generally and to every such other person in such particular case as authorized.
[ 2010 c 98 s 1; 1995 c 292 s 1; 1987 c 202 s 124; 2 H. C. s 1693; 1869 p 378 s 1; RRS s 1264.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Oath of witness in superior court to be administered by judge: Rules of court: Cf. CR 43(d).
Powers of courts, judicial officers to administer oaths: RCW 2.28.010, 2.28.060.

catchline: Who may administer.


title: RCW 5.28.020

text:
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 . . . . . . . . shall be the truth, the whole truth, and nothing but the truth, so help you God." If the oath be administered to any other than a witness giving testimony, the form may be changed to: "You do solemnly swear you will true answers make to such questions as you may be asked," etc.
[ 2011 c 336 s 132; 2 H. C. s 1694; 1869 p 378 s 2; RRS s 1265.]

catchline: How administered.


title: RCW 5.28.030

text:
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 officer may, in its discretion, adopt that mode.
[ 2011 c 336 s 133; 2 H. C. s 1695; 1869 p 379 s 3; RRS s 1266.]

catchline: Form may be varied.


title: RCW 5.28.040

text:
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.]

catchline: Form may be adapted to religious belief.


title: RCW 5.28.050

text:
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.]

catchline: Form of affirmation.


title: RCW 5.28.060

text:
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.

catchline: Affirmation equivalent to oath.


title: RCW 5.40.010

text:
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.]

catchline: Pleadings do not constitute proof.


title: RCW 5.40.020

text:
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 Cong.; U.S.C. App. Supp. 1001-17), as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office, or other place in this state as prima facie evidence of the death of the person therein found to be dead, and the date, circumstances, and place of his or her disappearance.
[ 2011 c 336 s 136; 1945 c 101 s 1; Rem. Supp. 1945 s 1257-1.]
Notes:
Severability—1945 c 101: "If any provision of this act or the application thereof to any person or circumstance be held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable." [ 1945 c 101 s 4.] This applies to RCW 5.40.020 through 5.40.040.

catchline: Written finding of presumed death as prima facie evidence.


title: RCW 5.40.030

text:
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 authorized by the act referred to in RCW 5.40.020 or by any other law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such 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, as the case may be.
[ 1945 c 101 s 2; Rem. Supp. 1945 s 1257-2.]

catchline: Proof of missing in action, capture by enemy, etc.


title: RCW 5.40.040

text:
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 issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his or her authority so to certify.
[ 2011 c 336 s 137; 1945 c 101 s 3; Rem. Supp. 1945 s 1257-3.]

catchline: Proof of authenticity of signature to report or of certification.


title: RCW 5.40.050

text:
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 to: (1) Electrical fire safety, (2) the use of smoke alarms, (3) sterilization of needles and instruments used by persons engaged in the practice of body art, body piercing, tattooing, or electrology, or other precaution against the spread of disease, as required under RCW 70.54.350, or (4) driving while under the influence of intoxicating liquor or any drug, shall be considered negligence per se.
[ 2009 c 412 s 20; 2001 c 194 s 5; 1986 c 305 s 901.]
Notes:
Effective date—2009 c 412 ss 1-21: See RCW 18.300.901.
Short title—Implementation—2009 c 412: See RCW 18.300.900 and 18.300.902.
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.
Definition of body art, body piercing, and tattooing: RCW 18.300.010.

catchline: Breach of duty—Evidence of negligence—Negligence per se.


title: RCW 5.40.060

text:
(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 injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.
(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.
[ 1994 c 275 s 30; 1987 c 212 s 1001; 1986 c 305 s 902.]
Notes:
Retroactive application—1994 c 275 s 30: "Section 30 of this act is remedial in nature and shall apply retroactively." [ 1994 c 275 s 31.]
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Defense to personal injury or wrongful death action—Intoxicating liquor or any drug.


title: RCW 5.44.010

text:
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 charge of the records of such court, with the seal of such court annexed.
[ 2019 c 39 s 1; 1997 c 358 s 7; Code 1881 s 430; 1877 p 94 s 432; 1869 p 115 s 426; 1854 p 195 s 334; RRS s 1254.]
Notes:
Rules of court: Cf. CR 44(a)(1).

catchline: Court records and proceedings—When admissible.


title: RCW 5.44.020

text:
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 judgment is rendered, unless such judgment shall be rendered upon personal service of summons, notice or other due process against the defendant therein.
[ 1891 c 31 s 1; Code 1881 s 739; 1877 p 150 s 744; 1869 p 171 s 681; 1866 p 88 s 1; RRS s 1255.]
Notes:
Rules of court: Cf. CR 44(a)(2).
Uniform enforcement of foreign judgments act: Chapter 6.36 RCW.

catchline: Foreign judgments for debt—Faith to be accorded.


title: RCW 5.44.030

text:
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.]

catchline: Defenses available in suit on foreign judgment.


title: RCW 5.44.040

text:
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 having by law the custody thereof, under their respective seals where such officers have official seals, must be admitted in evidence in the courts of this state.
[ 2019 c 39 s 2; 1991 c 59 s 1; 1891 c 19 s 16; Code 1881 s 432; 1854 p 195 s 336; RRS s 1257.]
Notes:
Rules of court: Cf. ER 803; CR 44(a)(1).

catchline: Certified copies of public records as evidence.


title: RCW 5.44.050

text:
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 admitted in all courts in this state, and on all other occasions as presumptive evidence of such laws.
[ 2019 c 39 s 3; Code 1881 s 435; 1877 p 95 s 437; 1869 p 116 s 431; 1854 p 196 s 339; RRS s 1259.]
Notes:
Uniform judicial notice of foreign laws act: Chapter 5.24 RCW.

catchline: Foreign statutes as evidence.


title: RCW 5.44.060

text:
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 annexed, if there be such seal, if there be no such seal, then with the official certificate of such officer, shall be received in evidence to all intents and purposes as the originals themselves.
[Code 1881 s 431; 1877 p 95 s 433; 1869 p 115 s 427; 1854 p 195 s 335; RRS s 1260.]
Notes:
Deeds as evidence: RCW 84.64.180, 84.64.190.
Instruments to be recorded or filed: RCW 65.04.030.
Record of will as evidence: RCW 11.20.060.

catchline: Certified copies of recorded instruments as evidence.


title: RCW 5.44.070

text:
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 by said auditor under official seal, shall be admitted as prima facie evidence in all the courts of this state.
[Code 1881 s 2737; 1869 p 315 s 27; RRS s 10612.]
Notes:
Certified copy of plat as evidence: RCW 58.10.020.
Legislative authority proceedings to be published: RCW 36.22.020.

catchline: Certified copies of instruments, or transcripts of county commissioners' proceedings.


title: RCW 5.44.080

text:
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 passage of such ordinance as recorded. When the ordinances of any city or town are printed by authority of such municipal corporation, the printed copies thereof shall be received as prima facie evidence that such ordinances as printed and published were duly passed.
[ 1955 c 6 s 1; Code 1881 s 2062; RRS s 1260 1/2.]

catchline: City or town ordinances as evidence.


title: RCW 5.44.090

text:
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 evidence as proof of the fact therein stated, in any court and by all election officers.
[ 1931 c 19 s 4; 1929 c 26 s 5; RRS s 10253.]
Notes:
Restoration of civil rights: Chapter 9.96 RCW.

catchline: Copy of instrument restoring civil rights as evidence.


title: RCW 5.44.130

text:
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 1881 s 434; 1877 p 95 s 436; 1869 p 116 s 430; 1854 p 196 s 338; RRS s 1258.]
Notes:
Private seals abolished: RCW 64.04.090.
Seals of courts and municipalities: State Constitution Art. 27 s 9.
Superior court seal: RCW 2.08.050.
Supreme court seal: Rules of court: SAR 1.
Telegraphic message, description of seal: RCW 5.52.060.

catchline: Seal, how affixed.


title: RCW 5.44.140

text:
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 foreign country which was made or accepted by the United States citizenship and immigration services at the time of that person or persons' entry into the United States creates a rebuttable presumption that the determination is valid and that the family relationship under foreign law is as made or accepted at the time of entry. Except as provided in RCW 26.26A.115(2), the presumption may be overcome by a preponderance of evidence showing that a living person other than the person named by the United States citizenship and immigration services is in the relationship in question.
[ 2019 c 46 s 5002; 2002 c 302 s 701; 1990 c 175 s 1.]

catchline: Proceedings for determination of family relationships—Presumption.


title: RCW 5.44.900

text:
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 12.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 5.45.010

text:
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.]

catchline: "Business" defined.


title: RCW 5.45.020

text:
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, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
[ 1947 c 53 s 2; Rem. Supp. 1947 s 1263-2. Formerly RCW 5.44.110.]

catchline: Business records as evidence.


title: RCW 5.45.900

text:
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.]

catchline: Construction—1947 c 53.


title: RCW 5.45.910

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

catchline: Short title.


title: RCW 5.46.010

text:
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, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical imaging, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless the same is an asset or is representative of title to an asset held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
[ 1994 c 19 s 1; 1959 c 125 s 1; 1953 c 273 s 1. Formerly RCW 5.44.125.]
Notes:
Photostatic or photographic copies of public or business records admissible in evidence: RCW 40.20.030.

catchline: Copies of business and public records as evidence.


title: RCW 5.46.900

text:
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.]

catchline: Construction—1953 c 273.


title: RCW 5.46.910

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


title: RCW 5.46.920

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

catchline: Repeal of inconsistent provisions.


title: RCW 5.48.010

text:
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 court may, upon the application of any party to such action or proceeding, order a copy or substantial copy thereof to be substituted.
[ 1890 p 337 s 1; RRS s 1270.]

catchline: Substitution of copy authorized.


title: RCW 5.48.020

text:
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 application of any party interested therein, grant an order authorizing such record or parts thereof to be supplied or replaced—
(1) by a certified copy of such original record, or part thereof, when the same can be obtained;
(2) by a duly certified copy of the record in the supreme court or court of appeals of such original record of any action or proceeding that may have been removed to the supreme court or court of appeals and remains recorded or filed in said courts;
(3) by the original pleadings, entries, papers and files in such action or proceeding when the same can be obtained;
(4) by an agreement in writing signed by all the parties to such action or proceeding, their representatives or attorneys, that a substituted copy of such original record is substantially correct.
[ 1971 c 81 s 25; 1890 p 338 s 2; RRS s 1271.]

catchline: Methods to replace lost court records.


title: RCW 5.48.030

text:
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 supplied or replaced as provided in RCW 5.48.020, any person or party interested therein may make a written application to the court to which said record belongs, setting forth the substance of the record so lost or destroyed, which application shall be verified in the manner provided for the verification of pleadings in a civil action, and thereupon summons shall issue and actual service, or service by publication, shall be made upon all persons interested in or affected by said original judgment or final entry in the manner provided by law for the commencement of civil actions, provided the parties may waive the issuing or service of summons and enter their appearance to such application; and upon the hearing of such application without further pleadings, if the court finds that such record has been lost or destroyed and that it is enabled by the evidence produced to find the substance or effect thereof material to the preservation of the rights of the parties thereto, it shall make an order allowing a record, which record shall recite the substance and effect of said lost or destroyed record, or part thereof, and the same shall thereupon be recorded in said court, and shall have the same effect as the original record would have if the same had not been lost or destroyed, so far as it concerns the rights of the parties so making the application, or persons or parties so served with summons, or entering their appearance, or persons claiming under them by a title acquired subsequently to the filing of the application.
[ 1890 p 338 s 3; RRS s 1272.]

catchline: Action to replace—Procedure.


title: RCW 5.48.040

text:
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 reports concerning such actions or proceedings, when the court is of opinion that such abstracts, writings and publications were fairly and honestly made before the loss of such records occurred.
[ 1890 p 339 s 4; RRS s 1273.]

catchline: Hearing on application—Evidence.


title: RCW 5.48.050

text:
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 computing the time within which such proceeding or appeal may be taken as provided by law.
[ 1890 p 339 s 5; RRS s 1274.]
Notes:
Rules of court: Cf. RAP 5.2, 18.22.

catchline: Time for appeal extended.


title: RCW 5.48.051

text:
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 apportioned between such parties.
[ 1890 p 339 s 6; RRS s 1275. Formerly RCW 5.48.070, part.]

catchline: Costs to be taxed.


title: RCW 5.48.060

text:
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, to restore the records, papers, and proceedings of either of said courts relating to the estates of deceased persons, including recorded wills, wills probated, or filed for probate in such courts, all marriage records and all other records and proceedings, and for the purpose of restoring said records, wills, papers, or proceedings, or any part thereof, may cause citations or other process to be issued to any and all parties to be designated by him or her, and may compel the attendance in court of any and all witnesses whose testimony may be necessary to the establishment of any such record or part thereof, and the production of any and all written or documentary evidence which may be by him or her deemed necessary in determining the true import and effect of the original records, will, paper, or other document belonging to the files of said courts; and may make such orders and decrees establishing such original record, will, paper, document or proceeding, or the substance thereof, as to him or her shall seem just and proper.
[ 2011 c 336 s 138; 1957 c 9 s 5; 1890 p 340 s 7; RRS s 1276.]
Notes:
Reviser's note: Jurisdiction in probate matters now vested in superior courts, see state Constitution Art. 4 s 6 (Amendment 28) and Art. 27 s 10.

catchline: Replacement of lost or destroyed probate records.


title: RCW 5.48.070

text:
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 p 339 s 6; RRS s 1275, now codified as RCW 5.48.051.]
Notes:
Reviser's note: See note following RCW 5.48.060.

catchline: Costs—Payment of.


title: RCW 5.50.010

text:
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 retrievable in perceivable form.
(3) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol;
(b) To attach to or logically associate with the record an electronic symbol, sound, or process;
(c) To affix or place the declarant's signature as defined in RCW 9A.04.110 on the record;
(d) To affix or logically associate the declarant's signature in the manner described in general rule 30 to the record if he or she is a licensed attorney; or
(e) To affix or logically associate the declarant's full name, department or agency, and badge or personnel number to any record that is electronically submitted to a court, a prosecutor, or a magistrate from an electronic device that is owned, issued, or maintained by a criminal justice agency if the declarant is a law enforcement officer.
(4) "Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(5) "Unsworn declaration" means a declaration in a signed record not given under oath but given under penalty of perjury. The term includes an unsworn statement, verification, and certificate.
[ 2020 c 57 s 22; 2019 c 232 s 1; 2011 c 22 s 2.]
Notes:

catchline: Definitions.


title: RCW 5.50.020

text:
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; 2011 c 22 s 3.]

catchline: Applicability.


title: RCW 5.50.030

text:
(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:
(a) A deposition;
(b) An oath of office;
(c) An oath required to be given before a specified official other than a notary public; or
(d) A declaration to be recorded pursuant to Title 64 or 65 RCW.
[ 2020 c 57 s 23; 2011 c 22 s 4.]

catchline: Validity of unsworn declaration—Exceptions.


title: RCW 5.50.040

text:
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.]

catchline: Medium required for presentation of unsworn declaration.


title: RCW 5.50.050

text:
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 . . . . . . . . . . . . . . . . . . .
(city or other location, and state or country)
. . . . . . . . .
(printed name)
. . . . . . . . .
(signature)
[ 2019 c 232 s 3; 2011 c 22 s 6.]

catchline: Form.


title: RCW 5.50.060

text:
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 of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2011 c 22 s 8.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 5.50.900

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

catchline: Short title.


title: RCW 5.50.901

text:
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.]

catchline: Uniformity of application and construction.


title: RCW 5.51.010

text:
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, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(a) Attend and give testimony at a deposition;
(b) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(c) Permit inspection of premises under the control of the person.
[ 2012 c 95 s 2.]


title: RCW 5.51.020

text:
(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 appearance in the courts of Washington state.
(b) A request for issuance of any subpoena pursuant to this section must include an attestation, made under penalty of perjury, stating whether the subpoena seeks documents, information, or testimony related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington. If a court finds that a false attestation was intentionally submitted and the subpoena did seek documents, information, or testimony related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington, a statutory penalty of $10,000 per violation will apply. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(2) Except as provided in subsection (4) of this section, when a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(3) A subpoena under subsection (2) of this section must:
(a) Incorporate the terms used in the foreign subpoena; and
(b) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(4) If a party submits a foreign subpoena to a clerk of court in this state that seeks documents, information, or testimony that relate to protected health care services, as defined in RCW 7.115.010, the clerk shall not issue a subpoena for service and shall present the request to the court for action. The court shall review the foreign subpoena and shall not issue a subpoena for service and shall quash any existing subpoena issued by the court if the subpoena is for documents, information, or testimony that relates to protected health care services as defined in RCW 7.115.010, unless the subpoena seeks documents, information, or testimony related to:
(a) An out-of-state action that is founded in tort, contract, or statute, for which a similar claim would exist under the laws of this state, that is brought by a person or the person's authorized legal representative, for damages suffered by the person or damages derived from an individual's loss of consortium of the person; or
(b) An out-of-state action that is founded in contract, and for which a similar claim would exist under the laws of this state, that is brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena.
[ 2023 c 193 s 3; 2012 c 95 s 3.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Issuance of subpoena.


title: RCW 5.51.030

text:
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.]

catchline: Service of subpoena.


title: RCW 5.51.040

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

catchline: Subpoenas—Deposition, production, and inspection.


title: RCW 5.51.050

text:
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.
[ 2012 c 95 s 6.]

catchline: Protective order—Application to court.


title: RCW 5.51.900

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


title: RCW 5.51.901

text:
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.]


title: RCW 5.51.902

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

catchline: Application to pending actions.


title: RCW 5.52.010

text:
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; Code 1881 s 2352; 1865 p 74 s 11; RRS s 11345.]

catchline: Deemed communications in writing.


title: RCW 5.52.020

text:
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 telegraph shall be deemed actual notice.
[ 2011 c 336 s 140; Code 1881 s 2353; 1865 p 74 s 12; RRS s 11346.]

catchline: Notice by telegraph deemed actual notice.


title: RCW 5.52.030

text:
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, have the same force and effect, in all respects, and may be admitted to record and recorded in the same manner and with like effect as the original.
[Code 1881 s 2354; 1865 p 74 s 13; RRS s 11347.]

catchline: Instrument transmitted by telegraph—Effect.


title: RCW 5.52.040

text:
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, indorser or acceptor thereof, and shall create the same rights and equities in favor of the payee, drawer [drawee], indorser [indorsee], acceptor, holder or bearer thereof, and shall be entitled to the same days of grace as if duly made or drawn and delivered in writing; but it shall not be lawful for any person other than the person or drawer thereof, to cause any such instrument to be sent by telegraph, so as to charge any person thereby, except as in RCW 5.52.050 otherwise provided. Whenever the genuineness or execution of any such instrument received by telegraph shall be denied on oath, by or on behalf of the person sought to be charged thereby, it shall be incumbent upon the party claiming under or alleging the same, to prove the existence and execution of the original writing from which the telegraph copy or duplicate was transmitted. The original message shall in all cases be preserved in the telegraph office from which the same is sent.
[Code 1881 s 2355; 1865 p 74 s 14; RRS s 11348.]

catchline: Bills and notes drawn by telegraph—Effect.


title: RCW 5.52.050

text:
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 with such certificate, be sent by telegraph or other electronic transmission and the telegraphic or other electronic transmission copy thereof shall, prima facie, only have the same force, effect and validity, in all respects whatsoever as the original, and the burden of proof shall rest with the party denying the genuineness, or due execution of the original.
[ 2006 c 198 s 2; Code 1881 s 2356; 1865 p 75 s 15; RRS s 11349.]

catchline: Electronic copies as evidence.


title: RCW 5.52.060

text:
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 letters "L.S.," or by the word "seal," and whenever any document bears a revenue stamp, it shall be sufficient to express the same in the telegraphic copy, by the word "stamp," without any other or further description thereof.
[Code 1881 s 2359; 1865 p 76 s 18; RRS s 11350.]
Notes:
Seal, how affixed: RCW 5.44.130.

catchline: Seal and revenue stamp, how described.


title: RCW 5.52.070

text:
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 11351.]

catchline: "Telegraphic copy" or "telegraphic duplicate" defined.


title: RCW 5.56.010

text:
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 proceeding unless the fees are paid or tendered to such person which are allowed by law for one day's attendance as a witness and for traveling to and returning from the place where he or she is required to attend, together with any allowance for meals and lodging theretofore fixed as specified herein: PROVIDED, That such fees be demanded by any witness residing within the same county where such court of record, judge, commissioner, or referee is located, or within twenty miles of the place where such court is located, at the time of service of the subpoena: PROVIDED FURTHER, That a party desiring the attendance of a witness residing outside of the county in which such action or proceeding is pending, or more than twenty miles of the place where such court is located, shall apply ex parte to such court, or to the judge, commissioner, referee, or clerk thereof, who, if such application be granted and a subpoena issued, shall fix without notice an allowance for meals and lodging, if any to be allowed, together with necessary travel expenses, and the amounts so fixed shall be endorsed upon the subpoena and tendered to such witness at the time of the service of the subpoena: PROVIDED FURTHER, That the court shall fix and allow at or after trial such additional amounts for meals, lodging, and travel as it may deem reasonable for the attendance of such witness.
[ 2023 c 193 s 4; 2011 c 336 s 141; 1963 c 19 s 1; 1891 c 19 s 2; Code 1881 s 393; 1877 p 87 s 395; 1869 p 104 s 388; 1863 p 156 s 69; 1854 p 187 s 295; RRS s 1215.]
Notes:
Rules of court: Cf. CR 4(f).
Effective date—2023 c 193: See note following RCW 7.115.020.
District court, attachment, damages for nonappearance: RCW 12.16.030, 12.16.050.
Power to compel attendance of persons to testify: RCW 2.28.010, 2.28.020, 2.28.060, 2.28.070.
Salaried public officers shall not receive additional compensation as witness on behalf of employer, and in certain other cases: RCW 42.16.020.
Witness fees and mileage: Chapter 2.40 RCW.

catchline: When witnesses must attend—Fees and allowances.


title: RCW 5.56.050

text:
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 1219.]

catchline: Person in court required to testify.


title: RCW 5.56.060

text:
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; Code 1881 s 398; 1877 p 88 s 400; 1869 p 106 s 393; 1854 p 188 s 300; RRS s 1220, part. FORMER PART OF SECTION: Code 1881 s 399; 1877 p 88 s 401; 1869 p 106 s 394; 1854 p 188 s 301; RRS s 1220, part, now codified as RCW 5.56.061.]
Notes:
Contempts: Chapter 7.21 RCW.
District court, damages for nonappearance: RCW 12.16.050.

catchline: Result of failure to attend.


title: RCW 5.56.061

text:
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 court: Cf. CR 45(f).
Criminal contempt: RCW 9.92.040.
Power of courts and judicial officers to punish for contempt: RCW 2.28.020, 2.28.070.

catchline: Failure to attend considered contempt of court.


title: RCW 5.56.070

text:
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; 1854 p 188 s 302; RRS s 1221.]
Notes:
Rules of court: Cf. CR 45(f).
Intent—1987 c 202: See note following RCW 2.04.190.
District court, attachment for nonappearance: RCW 12.16.030.

catchline: Attachment of witness.


title: RCW 5.56.080

text:
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 issued, unless he or she shows reasonable cause, to the satisfaction of the judge, for his or her omission to attend; in which case the party requiring such attachment shall pay all such costs.
[ 1987 c 202 s 126; 1891 c 19 s 3; RRS s 1222.]
Notes:
Rules of court: Cf. CR 45(f).
Reviser's note: Preliminary language of 1891 c 19 s 3 reads as follows: "The following section is enacted to follow section 400 of the said Code of 1881 [RCW 5.56.070], as that section shall be numbered in the code of procedure of this state:".
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: To whom attachment directed—Execution.


title: RCW 5.56.090

text:
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.
[ 2011 c 336 s 144; Code 1881 s 401; 1877 p 88 s 403; 1869 p 106 s 396; 1854 p 189 s 303; RRS s 1223.]

catchline: Testimony of prisoner, how obtained.


title: RCW 5.56.100

text:
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.]

catchline: Affidavit to procure order.


title: RCW 5.60.020

text:
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.]

catchline: Who may testify.


title: RCW 5.60.030

text:
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.
[ 1977 ex.s. c 80 s 3; 1927 c 84 s 1; Code 1881 s 389; 1877 p 85 s 391; 1873 p 106 s 382; 1869 p 183 s 384; 1867 p 88 s 1; 1854 p 186 s 290; RRS s 1211.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Not excluded on grounds of interest—Exception—Transaction with person since deceased.


title: RCW 5.60.050

text:
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 relating them truly.
[ 1986 c 195 s 2; Code 1881 s 391; 1877 p 86 s 393; 1869 p 103 s 386; 1863 p 154 s 33; 1854 p 186 s 293; RRS s 1213.]

catchline: Who are incompetent.


title: RCW 5.60.060

text:
(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 afterward, be without the consent of the other, examined as to any communication made by one to the other during the marriage or the domestic partnership. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse or domestic partner if the marriage or the domestic partnership occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said spouse or domestic partner against any child of whom said spouse or domestic partner is the parent or guardian, nor to a proceeding under chapter 71.05 or 71.09 RCW: PROVIDED, That the spouse or the domestic partner of a person sought to be detained under chapter 71.05 or 71.09 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.
(2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.
(b) A parent or guardian of a minor child arrested on a criminal charge may not be examined as to a communication between the child and his or her attorney if the communication was made in the presence of the parent or guardian. This privilege does not extend to communications made prior to the arrest.
(3) A member of the clergy, a Christian Science practitioner listed in the Christian Science Journal, or a priest shall not, without the consent of a person making the confession or sacred confidence, be examined as to any confession or sacred confidence made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.
(4) Subject to the limitations under RCW 71.05.217 (6) and (7), a physician or surgeon or osteopathic physician or surgeon or podiatric physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:
(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and
(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.
(5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.
(6)(a) A peer supporter shall not, without consent of the peer support services recipient making the communication, be compelled to testify about any communication made to the peer supporter by the peer support services recipient while receiving individual or group services. The peer supporter must be designated as such by their employing agency prior to providing peer support services. The privilege only applies when the communication was made to the peer supporter while acting in his or her capacity as a peer supporter. The privilege applies regardless of whether the peer support services recipient is an employee of the same agency as the peer supporter. Peer support services may be coordinated or designated among first responder agencies pursuant to chapter 10.93 RCW, interlocal agreement, or other similar provision, provided however that a written agreement is not required for the privilege to apply. The privilege does not apply if the peer supporter was an initial responding first responder, department of corrections staff person, or jail staff person; a witness; or a party to the incident which prompted the delivery of peer support services to the peer support services recipient.
(b) For purposes of this section:
(i) "First responder" means:
(A) A law enforcement officer;
(B) A limited authority law enforcement officer;
(C) A firefighter;
(D) An emergency services dispatcher or recordkeeper;
(E) Emergency medical personnel, as licensed or certified by this state;
(F) A member or former member of the Washington national guard acting in an emergency response capacity pursuant to chapter 38.52 RCW;
(G) A coroner or medical examiner, or a coroner's or medical examiner's agent or employee; or
(H) An individual engaged in co-response services, as defined in RCW 71.24.025.
(ii) "Law enforcement officer" means a general authority Washington peace officer as defined in RCW 10.93.020.
(iii) "Limited authority law enforcement officer" means a limited authority Washington peace officer as defined in RCW 10.93.020 who is employed by the department of corrections, state parks and recreation commission, department of natural resources, liquor and cannabis board, or Washington state gambling commission.
(iv) "Peer support services recipient" means:
(A) A first responder;
(B) A department of corrections staff person; or
(C) A jail staff person.
(v) "Peer supporter" means:
(A) A first responder, retired first responder, department of corrections staff person, or jail staff person or a civilian employee of a first responder entity or agency, local jail, or state agency who has received training to provide emotional and moral support and services to a peer support services recipient who needs those services as a result of an incident or incidents in which the peer support services recipient was involved while acting in his or her official capacity or to deal with other stress that is impacting the peer support services recipient's performance of official duties; or
(B) A nonemployee who has been designated by the first responder entity or agency, local jail, statewide organization focused on co-response outreach, or state agency to provide emotional and moral support and counseling to a peer support services recipient who needs those services as a result of an incident or incidents in which the peer support services recipient was involved while acting in his or her official capacity.
(7) A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made between the victim and the sexual assault advocate.
(a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a community sexual assault program or underserved populations provider, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.
(b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed.
(8) A domestic violence advocate may not, without the consent of the victim, be examined as to any communication between the victim and the domestic violence advocate.
(a) For purposes of this section, "domestic violence advocate" means an employee or supervised volunteer from a community-based domestic violence program or human services program that provides information, advocacy, counseling, crisis intervention, emergency shelter, or support to victims of domestic violence and who is not employed by, or under the direct supervision of, a law enforcement agency, a prosecutor's office, or the child protective services section of the department of children, youth, and families as defined in RCW 26.44.020.
(b) A domestic violence advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. This section does not relieve a domestic violence advocate from the requirement to report or cause to be reported an incident under RCW 26.44.030(1) or to disclose relevant records relating to a child as required by RCW 26.44.030(15). Any domestic violence advocate participating in good faith in the disclosing of communications under this subsection is immune from liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this subsection, the good faith of the domestic violence advocate who disclosed the confidential communication shall be presumed.
(9) A mental health counselor, independent clinical social worker, or marriage and family therapist licensed under chapter 18.225 RCW may not disclose, or be compelled to testify about, any information acquired from persons consulting the individual in a professional capacity when the information was necessary to enable the individual to render professional services to those persons except:
(a) With the written authorization of that person or, in the case of death or disability, the person's personal representative;
(b) If the person waives the privilege by bringing charges against the mental health counselor licensed under chapter 18.225 RCW;
(c) In response to a subpoena from the secretary of health. The secretary may subpoena only records related to a complaint or report under RCW 18.130.050;
(d) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.217 (6) or (7); or
(e) To any individual if the mental health counselor, independent clinical social worker, or marriage and family therapist licensed under chapter 18.225 RCW reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose.
(10) An individual who acts as a sponsor providing guidance, emotional support, and counseling in an individualized manner to a person participating in an alcohol or drug addiction recovery fellowship may not testify in any civil action or proceeding about any communication made by the person participating in the addiction recovery fellowship to the individual who acts as a sponsor except with the written authorization of that person or, in the case of death or disability, the person's personal representative.
(11)(a) Neither a union representative nor an employee the union represents or has represented shall be examined as to, or be required to disclose, any communication between an employee and union representative or between union representatives made in the course of union representation except:
(i) To the extent such examination or disclosure appears necessary to prevent the commission of a crime that is likely to result in a clear, imminent risk of serious physical injury or death of a person;
(ii) In actions, civil or criminal, in which the represented employee is accused of a crime or assault or battery;
(iii) In actions, civil or criminal, where a union member is a party to the action, the union member may obtain a copy of any statement previously given by that union member concerning the subject matter of the action and may elicit testimony concerning such statements. The right of the union member to obtain such statements, or the union member's possession of such statements, does not render them discoverable over the objection of the union member;
(iv) In actions, regulatory, civil, or criminal, against the union or its affiliated, subordinate, or parent bodies or their agents; or
(v) When an admission of, or intent to engage in, criminal conduct is revealed by the represented union member to the union representative.
(b) The privilege created in this subsection (11) does not apply to any record of communications that would otherwise be subject to disclosure under chapter 42.56 RCW.
(c) The privilege created in this subsection (11) may not interfere with an employee's or union representative's applicable statutory mandatory reporting requirements, including but not limited to duties to report in chapters 26.44, 43.101, and 74.34 RCW.
(d) For purposes of this subsection:
(i) "Employee" means a person represented by a certified or recognized union regardless of whether the employee is a member of the union.
(ii) "Union" means any lawful organization that has as one of its primary purposes the representation of employees in their employment relations with employers, including without limitation labor organizations defined by 29 U.S.C. Sec. 152(5) and 5 U.S.C. Sec. 7103(a)(4), representatives defined by 45 U.S.C. Sec. 151, and bargaining representatives defined in RCW 41.56.030, and employee organizations as defined in RCW 28B.52.020, 41.59.020, 41.80.005, 41.76.005, 47.64.011, and 53.18.010, and bargaining representatives as defined in RCW 49.99.030.
(iii) "Union representation" means action by a union on behalf of one or more employees it represents in regard to their employment relations with employers, including personnel matters, grievances, labor disputes, wages, rates of pay, hours of employment, conditions of work, or collective bargaining.
(iv) "Union representative" means a person authorized by a union to act for the union in regard to union representation.
(v) "Communication" includes any oral, written, or electronic communication or document containing such communication.
[ 2026 c 130 s 22; 2025 c 346 s 3; 2024 c 295 s 6; 2023 c 202 s 2. Prior: 2020 c 302 s 113; 2020 c 42 s 1; 2019 c 98 s 1; 2018 c 165 s 1; prior: 2016 sp.s. c 29 s 402; 2016 sp.s. c 24 s 1; 2012 c 29 s 12; 2009 c 424 s 1; 2008 c 6 s 402; 2007 c 472 s 1; prior: 2006 c 259 s 2; 2006 c 202 s 1; 2006 c 30 s 1; 2005 c 504 s 705; 2001 c 286 s 2; 1998 c 72 s 1; 1997 c 338 s 1; 1996 c 156 s 1; 1995 c 240 s 1; 1989 c 271 s 301; prior: 1989 c 10 s 1; 1987 c 439 s 11; 1987 c 212 s 1501; 1986 c 305 s 101; 1982 c 56 s 1; 1979 ex.s. c 215 s 2; 1965 c 13 s 7; Code 1881 s 392; 1879 p 118 s 1; 1877 p 86 s 394; 1873 p 107 s 385; 1869 p 104 s 387; 1854 p 187 s 294; RRS s 1214. Cf. 1886 p 73 s 1.]
Notes:
Rules of court: Cf. CR 43(g).
Findings—2025 c 346: See note following RCW 71.24.025.
Effective date—2024 c 295 s 6: "Section 6 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2024]." [ 2024 c 295 s 7.]
Findings—2023 c 202: "The legislature finds that:
(1) Labor unions have fiduciary duties to act on behalf of the employees they represent in regard to employment relations with public-sector and private-sector employers, including personnel matters, grievances, labor disputes, wages, rates of pay, hours of employment, conditions of work, and collective bargaining.
(2) The discharge of those duties fosters industrial peace, human dignity, and the continued improvement of the employment relationship, with benefits to employees, employers, and the general public.
(3) The effective discharge of those duties depends on employees' confidence that their confidential communications with their union representatives in the course of union representation will be protected against disclosure, and that unions' internal deliberations concerning their representational duties be protected against disclosure so that unions may engage in the balancing that is necessary to carry out their duty to all members.
(4) To effectuate the public policy favoring effective collective bargaining, it is necessary to protect confidential union–employee communications in the course of union representation against disclosure, except in the rare circumstances where disclosure appears necessary to prevent injury from a crime or when legal claims are brought in formal proceedings against unions. The creation of a union–employee privilege is accordingly in the best interests of the state of Washington." [ 2023 c 202 s 1.]
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Intent—2006 c 259: "The legislature intends, by amending RCW 5.60.060, to recognize that advocates help domestic violence victims by giving them the support and counseling they need to recover from their abuse, and by providing resources to achieve protection from further abuse. Without assurance that communications made with a domestic violence advocate will be confidential and protected from disclosure, victims will be deterred from confiding openly or seeking information and counseling, resulting in a failure to receive vital advocacy and support needed for recovery and protection from abuse. But investigative or prosecutorial functions performed by individuals who assist victims in the criminal legal system and in other state agencies are different from the advocacy and counseling functions performed by advocates who work under the auspices or supervision of a community victim services program. The legislature recognizes the important role played by individuals who assist victims in the criminal legal system and in other state agencies, but intends that the testimonial privilege not be extended to individuals who perform an investigative or prosecutorial function." [ 2006 c 259 s 1.]
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
Recommendations—Application—Effective date—2001 c 286: See notes following RCW 71.09.015.
Severability—1997 c 338: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 338 s 74.]
Effective dates—1997 c 338: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997, except sections 10, 12, 18, 24 through 26, 30, 38, and 59 of this act which take effect July 1, 1998." [ 1997 c 338 s 75.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—1989 c 271: See note following RCW 9.94A.510.
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.
Severability—1982 c 56: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 56 s 2.]
Maternal mortality review panel—Attendees and participants: RCW 70.54.450.
Nonsupport or family desertion, spouse or domestic partner as witness: RCW 26.20.071.
Optometrist—Client, privileged communications: RCW 18.53.200.
Psychologist—Client, privileged communications: RCW 18.83.110.
Report of abuse of children: Chapter 26.44 RCW.

catchline: Who is disqualified—Privileged communications.


title: RCW 5.60.070

text:
(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 the mediator, a mediation organization, a party, or any person present, are privileged and confidential and are not subject to disclosure in any judicial or administrative proceeding except:
(a) When all parties to the mediation agree, in writing, to disclosure;
(b) When the written materials or tangible evidence are otherwise subject to discovery, and were not prepared specifically for use in and actually used in the mediation proceeding;
(c) When a written agreement to mediate permits disclosure;
(d) When disclosure is mandated by statute;
(e) When the written materials consist of a written settlement agreement or other agreement signed by the parties resulting from a mediation proceeding;
(f) When those communications or written materials pertain solely to administrative matters incidental to the mediation proceeding, including the agreement to mediate; or
(g) In a subsequent action between the mediator and a party to the mediation arising out of the mediation.
(2) When there is a court order, a written agreement to mediate, or when mediation is mandated under RCW 7.70.100, as described in subsection (1) of this section, the mediator or a representative of a mediation organization shall not testify in any judicial or administrative proceeding unless:
(a) All parties to the mediation and the mediator agree in writing; or
(b) In an action described in subsection (1)(g) of this section.
(3) Beginning on January 1, 2006, this section governs only mediations pursuant to a referral or an agreement made before January 1, 2006. Mediations pursuant to a referral or an agreement made on or after January 1, 2006, are governed by chapter 7.07 RCW.
[ 2005 c 172 s 14; 1993 c 492 s 422; 1991 c 321 s 1.]
Notes:
Short title—Effective date—2005 c 172: See RCW 7.07.900 and 7.07.904.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1991 c 321: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 321 s 3.]

catchline: Mediation.


title: RCW 5.60.072

text:
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 confidentiality.
[ 2005 c 172 s 15; 1991 c 321 s 2.]
Notes:
Short title—Effective date—2005 c 172: See RCW 7.07.900 and 7.07.904.
Severability—1991 c 321: See note following RCW 5.60.070.

catchline: Mediation by agency—Privilege and confidentiality.


title: RCW 5.62.010

text:
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 registered nurse and prescribed by a licensed physician under chapter 18.71 RCW, or a licensed osteopathic physician under chapter 18.57 RCW, which is consistent with chapter 18.79 RCW and the rules adopted under that chapter.
(3) "Primary care" means screening, assessment, diagnosis, and treatment for the purpose of promotion of health and detection of disease or injury, as authorized by chapter 18.79 RCW and the rules adopted under that chapter.
[ 1994 sp.s. c 9 s 703; 1987 c 198 s 1; 1985 c 447 s 1.]
Notes:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Definitions.


title: RCW 5.62.020

text:
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 nurse's professional capacity, if the information was necessary to enable the registered nurse to act in that capacity for the patient, unless:
(1) The patient consents to disclosure or, in the event of death or disability of the patient, his or her personal representative, heir, beneficiary, or devisee consents to disclosure; or
(2) The information relates to the contemplation or execution of a crime in the future, or relates to the neglect or the sexual or physical abuse of a child, or of a vulnerable adult as defined in RCW 74.34.020, or to a person subject to proceedings under chapter *70.96A, 71.05, or 71.34 RCW.
[ 1989 c 271 s 302; 1986 c 212 s 1; 1985 c 447 s 2.]
Notes:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Severability—1989 c 271: See note following RCW 9.94A.510.


title: RCW 5.62.030

text:
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 5.60.060.
[ 2002 c 302 s 702; 1986 c 212 s 2; 1985 c 447 s 3.]

catchline: Nurse-patient privilege subject to limitations and exemptions of physician-patient privilege.


title: RCW 5.64.010

text:
(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, or similar expenses occasioned by an injury is not admissible.
(2)(a) In a civil action against a health care provider for personal injuries that is based upon alleged professional negligence, or in any arbitration or mediation proceeding related to such civil action, a statement, affirmation, gesture, or conduct identified in (b) of this subsection is not admissible as evidence if:
(i) It was conveyed by a health care provider to the injured person, or to a person specified in RCW 7.70.065 (1)(a) or (2)(a) within thirty days of the act or omission that is the basis for the allegation of professional negligence or within thirty days of the time the health care provider discovered the act or omission that is the basis for the allegation of professional negligence, whichever period expires later; and
(ii) It relates to the discomfort, pain, suffering, injury, or death of the injured person as the result of the alleged professional negligence.
(b) (a) of this subsection applies to:
(i) Any statement, affirmation, gesture, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence; or
(ii) Any statement or affirmation regarding remedial actions that may be taken to address the act or omission that is the basis for the allegation of negligence.
[ 2006 c 8 s 101; 1975-'76 2nd ex.s. c 56 s 3.]
Notes:
Rules of court: Cf. ER 409.
Findings—Intent—2006 c 8: "The legislature finds that access to safe, affordable health care is one of the most important issues facing the citizens of Washington state. The legislature further finds that the rising cost of medical malpractice insurance has caused some physicians, particularly those in high-risk specialties such as obstetrics and emergency room practice, to be unavailable when and where the citizens need them the most. The answers to these problems are varied and complex, requiring comprehensive solutions that encourage patient safety practices, increase oversight of medical malpractice insurance, and making the civil justice system more understandable, fair, and efficient for all the participants.
It is the intent of the legislature to prioritize patient safety and the prevention of medical errors above all other considerations as legal changes are made to address the problem of high malpractice insurance premiums. Thousands of patients are injured each year as a result of medical errors, many of which can be avoided by supporting health care providers, facilities, and carriers in their efforts to reduce the incidence of those mistakes. It is also the legislature's intent to provide incentives to settle cases before resorting to court, and to provide the option of a more fair, efficient, and streamlined alternative to trials for those for whom settlement negotiations do not work. Finally, it is the intent of the legislature to provide the insurance commissioner with the tools and information necessary to regulate medical malpractice insurance rates and policies so that they are fair to both the insurers and the insured." [ 2006 c 8 s 1.]
Part headings and subheadings not law—2006 c 8: "Part headings and subheadings used in this act are not any part of the law." [ 2006 c 8 s 401.]
Severability—2006 c 8: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2006 c 8 s 407.]
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Civil actions against health care providers—Admissibility of evidence of furnishing or offering to pay medical expenses—Admissibility of expressions of apology, sympathy, fault, etc.


title: RCW 5.66.010

text:
(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 evidence in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall not be made inadmissible by this section.
(2) For purposes of this section:
(a) "Accident" means an occurrence resulting in injury or death to one or more persons that is not the result of willful action by a party.
(b) "Benevolent gestures" means actions that convey a sense of compassion or commiseration emanating from humane impulses.
(c) "Family" means the spouse or the domestic partner, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of a parent, or spouse's or domestic partner's parents of an injured party.
[ 2008 c 6 s 403; 2002 c 334 s 1.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Admissibility of sympathetic gestures.


title: RCW 5.68.010

text:
(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 any news or information or any information that would tend to identify the source where such source has a reasonable expectation of confidentiality; or
(b) Any news or information obtained or prepared by the news media in its capacity in gathering, receiving, or processing news or information for potential communication to the public, including, but not limited to, any notes, outtakes, photographs, video or sound tapes, film, or other data of whatever sort in any medium now known or hereafter devised. This does not include physical evidence of a crime.
(2) A court may compel disclosure of the news or information described in subsection (1)(b) of this section if the court finds that the party seeking such news or information established by clear and convincing evidence:
(a)(i) In a criminal investigation or prosecution, based on information other than that information being sought, that there are reasonable grounds to believe that a crime has occurred; or
(ii) In a civil action or proceeding, based on information other than that information being sought, that there is a prima facie cause of action; and
(b) In all matters, whether criminal or civil, that:
(i) The news or information is highly material and relevant;
(ii) The news or information is critical or necessary to the maintenance of a party's claim, defense, or proof of an issue material thereto;
(iii) The party seeking such news or information has exhausted all reasonable and available means to obtain it from alternative sources; and
(iv) There is a compelling public interest in the disclosure. A court may consider whether or not the news or information was obtained from a confidential source in evaluating the public interest in disclosure.
(3) The protection from compelled disclosure contained in subsection (1) of this section also applies to any subpoena issued to, or other compulsory process against, a nonnews media party where such subpoena or process seeks records, information, or other communications relating to business transactions between such nonnews media party and the news media for the purpose of discovering the identity of a source or obtaining news or information described in subsection (1) of this section. Whenever a subpoena is issued to, or other compulsory process is initiated against, a nonnews media party where such subpoena or process seeks information or communications on business transactions with the news media, the affected news media shall be given reasonable and timely notice of the subpoena or compulsory process before it is executed or initiated, as the case may be, and an opportunity to be heard. In the event that the subpoena to, or other compulsory process against, the nonnews media party is in connection with a criminal investigation in which the news media is the express target, and advance notice as provided in this section would pose a clear and substantial threat to the integrity of the investigation, the governmental authority shall so certify to such a threat in court and notification of the subpoena or compulsory process shall be given to the affected news media as soon thereafter as it is determined that such notification will no longer pose a clear and substantial threat to the integrity of the investigation.
(4) Publication or dissemination by the news media of news or information described in subsection (1) of this section, or a portion thereof, shall not constitute a waiver of the protection from compelled disclosure that is contained in subsection (1) of this section. In the event that the fact of publication of news or information must be proved in any proceeding, that fact and the contents of the publication may be established by judicial notice.
(5) The term "news media" means:
(a) Any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution;
(b) Any person who is or has been an employee, agent, or independent contractor of any entity listed in (a) of this subsection, who is or has been engaged in bona fide news gathering for such entity, and who obtained or prepared the news or information that is sought while serving in that capacity; or
(c) Any parent, subsidiary, or affiliate of the entities listed in (a) or (b) of this subsection to the extent that the subpoena or other compulsory process seeks news or information described in subsection (1) of this section.
(6) In all matters adjudicated pursuant to this section, a court of competent jurisdiction may exercise its inherent powers to conduct all appropriate proceedings required in order to make necessary findings of fact and enter conclusions of law.
[ 2007 c 196 s 1.]

catchline: Protection from compelled disclosure—Exceptions—Definition.