[WSBAPT] Question about TEDRA and ER 904

Tue Sep 26 08:49:47 PDT 2023

Thanks for your response, Eric!  That makes sense.  We did not add an ER 904 exchange to the case schedule (which the judge asked the attorneys to draft).  And even though it's not a bad idea, because the 30-day deadline is fast approaching I won't plan to do it.

Best,
Candace

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, September 25, 2023 6:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about TEDRA and ER 904

Not required I don't think--ER 904 is a voluntary process; one can always do the authentication-and-relevance drill to admit a document at trial instead of the advance process under ER 904. I do think you can use ER 904 prior to a TEDRA trial.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Monday, September 25, 2023 2:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Cc: Kawika Kaulukukui <kkaulukukui at wongfleming.com<mailto:kkaulukukui at wongfleming.com>>
Subject: [WSBAPT] Question about TEDRA and ER 904

Hi Listmates,

In my continuing attempts to determine how close TEDRA actions are to civil cases, I am now wondering if we are required to comply with ER 904(b) before trial in a will contest case (King County).  Compliance with ER 904 is necessary in a civil case.  The relevant part of ER 904(b) states:

Any party intending to offer a document under this rule must serve on all parties a notice, no less than 30 days before trial, stating that the documents are being offered under Evidence Rule 904 and shall be deemed authentic and admissible without testimony or further identification, unless objection is served within 14 days of the date of notice[.]

Thoughts would be appreciated!

Best,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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