RULE ER 803
          HEARSAY EXCEPTIONS; AVAILABILITY OF DECLARANT
                           IMMATERIAL


    (a) Specific Exceptions. The following are not excluded by
the hearsay rule, even though the declarant is available as a witness:

    (1) Present Sense Impression. A statement describing or
explaining an event or condition made while the declarant was
perceiving the event or condition, or immediately thereafter.

    (2) Excited Utterance. A statement relating to a startling
event or condition made while the declarant was under the stress
of excitement caused by the event or condition.

    (3) Then Existing Mental, Emotional, or Physical Condition. A
statement of the declarant's then existing state of mind,
emotion, sensation, or physical condition (such as intent, plan,
motive, design, mental feeling, pain, and bodily health), but not
including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution,
revocation, identification, or terms of declarant's will.

    (4) Statements for Purposes of Medical Diagnosis or
Treatment. Statements made for purposes of medical diagnosis or
treatment and describing medical history, or past or present
symptoms, pain, or sensations, or the inception or general
character of the cause or external source thereof insofar as
reasonably pertinent to diagnosis or treatment.

    (5) Recorded Recollection. A memorandum or record concerning
a matter about which a witness once had knowledge but now has
insufficient recollection to enable the witness to testify fully
and accurately, shown to have been made or adopted by the witness
when the matter was fresh in the witness' memory and to reflect
that knowledge correctly. If admitted, the memorandum or record
may be read into evidence but may not itself be received as an
exhibit unless offered by an adverse party.

    (6) Records of Regularly Conducted Activity. (Reserved. See RCW 5.45.)

    (7) Absence of Entry in Records Kept in Accordance With RCW
5.45. Evidence that a matter is not included in the memoranda,
reports, records, or data compilations, in any form, kept in
accordance with the provisions of RCW 5.45, to prove the
nonoccurrence or nonexistence of the matter, if the matter was of
a kind of which a memorandum, report, record, or data compilation
was regularly made and preserved, unless the sources of
information or other circumstances indicate lack of trustworthiness.

    (8) Public Records and Reports. (Reserved. See RCW 5.44.040.)

    (9) Records of Vital Statistics. Records or data
compilations, in any form, of births, fetal deaths, deaths, or
marriages, if the report thereof was made to a public office
pursuant to requirements of law.

    (10) Absence of Public Record or Entry. To prove the absence
of a record, report, statement, or data compilation, in any form,
or the nonoccurrence or nonexistence of a matter of which a
record, report, statement, or data compilation, in any form, was
regularly made and preserved by a public office or agency,
evidence in the form of a certification in accordance with rule
902, or testimony, that diligent search failed to disclose the
record, report, statement, or data compilation, or entry.

    (11) Records of Religious Organizations. Statements of
births, marriages, divorces, deaths, legitimacy, ancestry,
relationship by blood or marriage, or other similar facts of
personal or family history, contained in a regularly kept record
of a religious organization.

    (12) Marriage, Baptismal, and Similar Certificates.
Statements of fact contained in a certificate that the maker
performed a marriage or other ceremony or administered a
sacrament, made by a clergyman, public official, or other person
authorized by the rules or practices of a religious organization
or by law to perform the act certified, and purporting to have
been issued at the time of the act or within a reasonable time thereafter.

    (13) Family Records. Statements of fact concerning personal
or family history contained in family Bibles, genealogies,
charts, engravings on rings, inscriptions on family portraits,
tattoos, engravings on urns, crypts, or tombstones, or the like.

    (14) Records of Documents Affecting an Interest in Property.
The record of a document purporting to establish or affect an
interest in property, as proof of the content of the original
recorded document and its execution and delivery by each person
by whom it purports to have been executed, if the record is a
record of a public office and an applicable statute authorized
the recording of documents of that kind in that office.

    (15) Statements in Documents Affecting an Interest in
Property. A statement contained in a document purporting to
establish or affect an interest in property if the matter stated
was relevant to the purpose of the document unless dealings with
the property since the document was made have been inconsistent
with the truth of the statement or the purport of the document.

    (16) Statements in Ancient Documents. Statements in a
document in existence 20 years or more whose authenticity is established.

    (17) Market Reports, Commercial Publications. Market
quotations, tabulations, lists, directories, or other published
compilations, generally used and relied upon by the public or by
persons in particular occupations.

    (18) Learned Treatises. To the extent called to the attention
of an expert witness upon cross examination or relied upon by the
expert witness in direct examination, statements contained in
published treatises, periodicals, or pamphlets on a subject of
history, medicine, or other science or art, established as a
reliable authority by the testimony or admission of the witness
or by other expert testimony or by judicial notice. If admitted,
the statements may be read into evidence but may not be received as exhibits.

    (19) Reputation Concerning Personal or Family History.
Reputation among members of a person's family by blood, adoption,
or marriage, or among a person's associates, or in the community,
concerning a person's birth, adoption, marriage, divorce, death,
legitimacy, relationship by blood, adoption, or marriage,
ancestry, or other similar fact of a person's personal or family history.

    (20) Reputation Concerning Boundaries or General History.
Reputation in a community, arising before the controversy, as to
boundaries of or customs affecting lands in the community, and
reputation as to events of general history important to the
community or state or nation in which located.

    (21) Reputation as to Character. Reputation of a person's
character among his associates or in the community.

    (22) Judgment of Previous Conviction. Evidence of a final
judgment, entered after a trial or upon a plea of guilty (but not
upon a plea of nolo contendere), adjudging a person guilty of a
crime punishable by death or imprisonment in excess of 1 year, to
prove any fact essential to sustain the judgment, but not
including, when offered by the prosecution in a criminal case for
purposes other than impeachment, judgments against persons other
than the accused. The pendency of an appeal may be shown but does
not affect admissibility.

    (23) Judgment as to Personal, Family, or General History, or
Boundaries. Judgments as proof of matters of personal, family, or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.

    (b) Other Exceptions. (Reserved.)


[Amended effective September 1, 1992.]


              Comment 803

[Deleted effective September 1, 2006.]