reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.45 - Uniform Business Records as Evidence Act. › 5.45.010 - "Business" defined.

RCW 5.45.010
"Business" defined.
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 § 1; Rem. Supp. 1947 § 1263-1. Formerly RCW 5.44.100.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.45 - Uniform Business Records as Evidence Act. › 5.45.020 - Business records as evidence.

RCW 5.45.020
Business records as evidence.
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 § 2; Rem. Supp. 1947 § 1263-2. Formerly RCW 5.44.110.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.45 - Uniform Business Records as Evidence Act. › 5.45.900 - Construction—1947 c 53.

RCW 5.45.900
Construction—1947 c 53.
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 § 3; Rem. Supp. 1947 § 1263-3. Formerly RCW 5.44.120.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.45 - Uniform Business Records as Evidence Act. › 5.45.910 - Short title.

RCW 5.45.910
Short title.
This chapter may be cited as The Uniform Business Records as Evidence Act.
[ 1947 c 53 § 4; Rem. Supp. 1947 § 1263-4.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.46 - Uniform Photographic Copies of Business and Public Records as Evidence Act. › 5.46.010 - Copies of business and public records as evidence.

RCW 5.46.010
Copies of business and public records as evidence.
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 § 1; 1959 c 125 § 1; 1953 c 273 § 1. Formerly RCW 5.44.125.]
NOTES:
Photostatic or photographic copies of public or business records admissible in evidence: RCW 40.20.030.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.46 - Uniform Photographic Copies of Business and Public Records as Evidence Act. › 5.46.900 - Construction—1953 c 273.

RCW 5.46.900
Construction—1953 c 273.
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 § 2.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.46 - Uniform Photographic Copies of Business and Public Records as Evidence Act. › 5.46.910 - Short title.

RCW 5.46.910
Short title.
This chapter may be cited as the "Uniform Photographic Copies of Business and Public Records as Evidence Act."
[ 1953 c 273 § 3.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.46 - Uniform Photographic Copies of Business and Public Records as Evidence Act. › 5.46.920 - Repeal of inconsistent provisions.

RCW 5.46.920
Repeal of inconsistent provisions.
All acts or parts of acts which are inconsistent with the provisions of this act are repealed.
[ 1953 c 273 § 4.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.010 - Substitution of copy authorized.

RCW 5.48.010
Substitution of copy authorized.
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 § 1; RRS § 1270.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.020 - Methods to replace lost court records.

RCW 5.48.020
Methods to replace lost court records.
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 § 25; 1890 p 338 § 2; RRS § 1271.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.030 - Action to replace—Procedure.

RCW 5.48.030
Action to replace—Procedure.
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 § 3; RRS § 1272.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.040 - Hearing on application—Evidence.

RCW 5.48.040
Hearing on application—Evidence.
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 § 4; RRS § 1273.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.050 - Time for appeal extended.

RCW 5.48.050
Time for appeal extended.
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 § 5; RRS § 1274.]
NOTES:
Rules of court: Cf. RAP 5.2, 18.22.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.051 - Costs to be taxed.

RCW 5.48.051
Costs to be taxed.
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 § 6; RRS § 1275. Formerly RCW 5.48.070, part.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.060 - Replacement of lost or destroyed probate records.

RCW 5.48.060
Replacement of lost or destroyed probate records.
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 § 138; 1957 c 9 § 5; 1890 p 340 § 7; RRS § 1276.]
NOTES:
Reviser's note: Jurisdiction in probate matters now vested in superior courts, see state Constitution Art. 4 § 6 (Amendment 28) and Art. 27 § 10.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.48 - Proof—Replacement of Lost Records. › 5.48.070 - Costs—Payment of.

RCW 5.48.070
Costs—Payment of.
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 § 8; RRS § 1277. FORMER PART OF SECTION: 1890 p 339 § 6; RRS § 1275, now codified as RCW 5.48.051.]
NOTES:
Reviser's note: See note following RCW 5.48.060.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.010 - Definitions.

RCW 5.50.010
Definitions.
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 § 22; 2019 c 232 § 1; 2011 c 22 § 2.]
NOTES:
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.020 - Applicability.

RCW 5.50.020
Applicability.
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 § 2; 2011 c 22 § 3.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.030 - Validity of unsworn declaration—Exceptions.

RCW 5.50.030
Validity of unsworn declaration—Exceptions.
(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 § 23; 2011 c 22 § 4.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.040 - Medium required for presentation of unsworn declaration.

RCW 5.50.040
Medium required for presentation of unsworn declaration.
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 § 5.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.050 - Form.

RCW 5.50.050
Form.
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 § 3; 2011 c 22 § 6.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.060 - Relation to electronic signatures in global and national commerce act.

RCW 5.50.060
Relation to electronic signatures in global and national commerce act.
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 § 8.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.50 - Uniform Unsworn Declarations Act. › 5.50.901 - Uniformity of application and construction.

RCW 5.50.901
Uniformity of application and construction.
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 § 5; 2011 c 22 § 7.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.51 - Uniform Interstate Depositions and Discovery Act. › 5.51.010 - Definitions.

RCW 5.51.010
Definitions.
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 § 2.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.51 - Uniform Interstate Depositions and Discovery Act. › 5.51.030 - Service of subpoena.

RCW 5.51.030
Service of subpoena.
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 § 4.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.51 - Uniform Interstate Depositions and Discovery Act. › 5.51.040 - Subpoenas—Deposition, production, and inspection.

RCW 5.51.040
Subpoenas—Deposition, production, and inspection.
Superior court civil rules (CR) 26 through 37 apply to subpoenas issued under RCW 5.51.020.
[ 2012 c 95 § 5.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.51 - Uniform Interstate Depositions and Discovery Act. › 5.51.050 - Protective order—Application to court.

RCW 5.51.050
Protective order—Application to court.
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 § 6.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.51 - Uniform Interstate Depositions and Discovery Act. › 5.51.901 - Uniformity of application and construction.

RCW 5.51.901
Uniformity of application and construction.
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 § 7.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.010 - Deemed communications in writing.

RCW 5.52.010
Deemed communications in writing.
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 § 139; Code 1881 § 2352; 1865 p 74 § 11; RRS § 11345.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.020 - Notice by telegraph deemed actual notice.

RCW 5.52.020
Notice by telegraph deemed actual notice.
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 § 140; Code 1881 § 2353; 1865 p 74 § 12; RRS § 11346.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.030 - Instrument transmitted by telegraph—Effect.

RCW 5.52.030
Instrument transmitted by telegraph—Effect.
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 § 2354; 1865 p 74 § 13; RRS § 11347.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.040 - Bills and notes drawn by telegraph—Effect.

RCW 5.52.040
Bills and notes drawn by telegraph—Effect.
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 § 2355; 1865 p 74 § 14; RRS § 11348.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.050 - Electronic copies as evidence.

RCW 5.52.050
Electronic copies as evidence.
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 § 2; Code 1881 § 2356; 1865 p 75 § 15; RRS § 11349.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.060 - Seal and revenue stamp, how described.

RCW 5.52.060
Seal and revenue stamp, how described.
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 § 2359; 1865 p 76 § 18; RRS § 11350.]
NOTES:
Seal, how affixed: RCW 5.44.130.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.52 - Telegraphic Communications. › 5.52.070 - "Telegraphic copy" or "telegraphic duplicate" defined.

RCW 5.52.070
"Telegraphic copy" or "telegraphic duplicate" defined.
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 § 2362; 1865 p 77 § 21; RRS § 11351.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.010 - When witnesses must attend—Fees and allowances.

RCW 5.56.010
When witnesses must attend—Fees and allowances.
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 § 4; 2011 c 336 § 141; 1963 c 19 § 1; 1891 c 19 § 2; Code 1881 § 393; 1877 p 87 § 395; 1869 p 104 § 388; 1863 p 156 § 69; 1854 p 187 § 295; RRS § 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.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.050 - Person in court required to testify.

RCW 5.56.050
Person in court required to testify.
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 § 142; Code 1881 § 397; 1877 p 88 § 399; 1869 p 106 § 392; 1854 p 188 § 299; RRS § 1219.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.060 - Result of failure to attend.

RCW 5.56.060
Result of failure to attend.
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 § 143; Code 1881 § 398; 1877 p 88 § 400; 1869 p 106 § 393; 1854 p 188 § 300; RRS § 1220, part. FORMER PART OF SECTION: Code 1881 § 399; 1877 p 88 § 401; 1869 p 106 § 394; 1854 p 188 § 301; RRS § 1220, part, now codified as RCW 5.56.061.]
NOTES:
Contempts: Chapter 7.21 RCW.
District court, damages for nonappearance: RCW 12.16.050.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.061 - Failure to attend considered contempt of court.

RCW 5.56.061
Failure to attend considered contempt of court.
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 § 8; Code 1881 § 399; 1877 p 88 § 401; 1869 p 106 § 394; 1854 p 188 § 301; RRS § 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.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.070 - Attachment of witness.

RCW 5.56.070
Attachment of witness.
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 § 125; Code 1881 § 400; 1877 p 88 § 402; 1869 p 106 § 395; 1854 p 188 § 302; RRS § 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.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.080 - To whom attachment directed—Execution.

RCW 5.56.080
To whom attachment directed—Execution.
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 § 126; 1891 c 19 § 3; RRS § 1222.]
NOTES:
Rules of court: Cf. CR 45(f).
Reviser's note: Preliminary language of 1891 c 19 § 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.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.090 - Testimony of prisoner, how obtained.

RCW 5.56.090
Testimony of prisoner, how obtained.
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 § 144; Code 1881 § 401; 1877 p 88 § 403; 1869 p 106 § 396; 1854 p 189 § 303; RRS § 1223.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.56 - Witnesses—Compelling Attendance. › 5.56.100 - Affidavit to procure order.

RCW 5.56.100
Affidavit to procure order.
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 § 402; 1877 p 88 § 404; 1869 p 106 § 397; 1854 p 189 § 304; RRS § 1224.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.60 - Witnesses—Competency. › 5.60.020 - Who may testify.

RCW 5.60.020
Who may testify.
Every person of sound mind and discretion, except as hereinafter provided, may be a witness in any action, or proceeding.
[ 1986 c 195 § 1; Code 1881 § 388; 1877 p 85 § 390; 1869 p 103 § 383; 1854 p 186 § 289; RRS § 1210.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.60 - Witnesses—Competency. › 5.60.030 - Not excluded on grounds of interest—Exception—Transaction with person since deceased.

RCW 5.60.030
Not excluded on grounds of interest—Exception—Transaction with person since deceased.
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 § 3; 1927 c 84 § 1; Code 1881 § 389; 1877 p 85 § 391; 1873 p 106 § 382; 1869 p 183 § 384; 1867 p 88 § 1; 1854 p 186 § 290; RRS § 1211.]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.60 - Witnesses—Competency. › 5.60.050 - Who are incompetent.

RCW 5.60.050
Who are incompetent.
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 § 2; Code 1881 § 391; 1877 p 86 § 393; 1869 p 103 § 386; 1863 p 154 § 33; 1854 p 186 § 293; RRS § 1213.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.60 - Witnesses—Competency. › 5.60.070 - Mediation.

RCW 5.60.070
Mediation.
(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 § 14; 1993 c 492 § 422; 1991 c 321 § 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 § 3.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.60 - Witnesses—Competency. › 5.60.072 - Mediation by agency—Privilege and confidentiality.

RCW 5.60.072
Mediation by agency—Privilege and confidentiality.
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 § 15; 1991 c 321 § 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.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.62 - Witnesses—Registered Nurses. › 5.62.010 - Definitions.

RCW 5.62.010
Definitions.
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 § 703; 1987 c 198 § 1; 1985 c 447 § 1.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.62 - Witnesses—Registered Nurses. › 5.62.020 - Registered nurse—Privileged communications—Exceptions.

RCW 5.62.020
Registered nurse—Privileged communications—Exceptions.
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 § 302; 1986 c 212 § 1; 1985 c 447 § 2.]
NOTES:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 §§ 301, 601, and 701.
Severability—1989 c 271: See note following RCW 9.94A.510.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.62 - Witnesses—Registered Nurses. › 5.62.030 - Nurse-patient privilege subject to limitations and exemptions of physician-patient privilege.

RCW 5.62.030
Nurse-patient privilege subject to limitations and exemptions of physician-patient privilege.
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 § 702; 1986 c 212 § 2; 1985 c 447 § 3.]
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.66 - Admissibility of Certain Gestures Expressing Sympathy. › 5.66.010 - Admissibility of sympathetic gestures.

RCW 5.66.010
Admissibility of sympathetic gestures.
(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 § 403; 2002 c 334 § 1.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.70 - DNA Evidence. › 5.70.010 - Preservation of DNA work product—Failure to preserve DNA work product.

RCW 5.70.010
Preservation of DNA work product—Failure to preserve DNA work product.
(1) In any felony case initially charged as a violent or sex offense, as defined in RCW 9.94A.030, a governmental entity shall preserve any DNA work product that has been secured in connection with the criminal case, including related investigatory reports and records, according to the following guidelines:
(a) Except as provided in (b) of this subsection, where a defendant has been charged and convicted in connection with the case, the DNA work product and investigatory reports and records must be maintained throughout the length of the sentence, including any period of community custody extending through final discharge;
(b) Where a defendant has been convicted and sentenced under RCW 9.94A.507 in connection with the case, the DNA work product and investigatory reports and records must be maintained for ninety-nine years or until the death of the defendant, whichever is sooner; and
(c) Where no conviction has been made in connection with the case, the DNA work product and investigatory reports and records must be maintained for ninety-nine years or throughout the period of the statute of limitations pursuant to RCW 9A.04.080, whichever is sooner.
(2) Notwithstanding subsection (1) of this section, in any felony case regardless of whether the identity of the offender is known and law enforcement has probable cause sufficient to believe the elements of a violent or sex offense as defined in RCW 9.94A.030 have been committed, a governmental entity shall preserve any DNA work product secured in connection with the criminal case and investigatory reports and records for ninety-nine years or throughout the period of the statute of limitations pursuant to RCW 9A.04.080, whichever is sooner.
(3) The failure of a law enforcement agency to preserve DNA work product does not constitute grounds in any criminal proceeding for challenging the admissibility of other DNA work product that was preserved in a case, and any evidence offered may not be excluded by a court on those grounds. The court may not set aside the conviction or sentence or order the reversal of a conviction under this section on the grounds that the DNA work product is no longer available. Unless the court finds that DNA work product was destroyed with malicious intent to violate this section, a person accused of committing a crime against a person has no cause of action against a law enforcement agency for failure to comply with the requirements of this section. If the court finds that DNA work product was destroyed with malicious intent to violate this section, the court may impose appropriate sanctions. Nothing in this section may be construed to create a private right of action on the part of any individual or entity against any law enforcement agency or any contractor of a law enforcement agency.
[ 2020 c 26 § 1; 2015 c 221 § 1.]
NOTES:
Intent—2020 c 26: See note following RCW 63.21.090.
2023 Revised Code of Washington › Title 5 - Evidence › Chapter 5.70 - DNA Evidence. › 5.70.020 - Destruction of DNA reference samples—Expungement of DNA reference sample data.

RCW 5.70.020
Destruction of DNA reference samples—Expungement of DNA reference sample data.
(1) Nothing in this chapter precludes the trial court from ordering the destruction of DNA reference samples contributed by a defendant who was charged and acquitted or whose conviction was overturned in connection with a violent or sex offense as defined in RCW 9.94A.030.
(2)(a) A person may submit an application to the Washington state patrol to have his or her DNA reference sample data expunged from the Washington state patrol's DNA identification system in cases where: (i) The person's DNA reference sample was collected and entered into the system and (ii) the charges against the person were dismissed with prejudice or the person was found not guilty.
(b) The Washington state patrol must expunge the person's DNA reference sample data if he or she meets the criteria established in law or by rule.
[ 2015 c 221 § 2.]