[WSBARP] ER 904 amendment eff. September 1, 2026

[Eric Nelsen]

I just started a trial prep for a trial next month and looked at ER 904-discovered it was just amended, effective September 1. The old catch-all provision of ER 904(6) is gone, and now every document has to fit one of the now-twelve enumerated categories.

Looks like the statewide judges' association lobbied to get sub (6) eliminated because it was-in their view-being abused by lawyers designating hundreds of documents under sub (6), and it generated so many objections it caused more time and work for the court than it was intended to save.

I am bummed. It was nice to be able to get copies of emails and the like easily admitted by that process. The scope of the twelve categories is quite a bit more limited than what was possible under the old sub (6).

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>

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