Introduction: ER 903 is a rule in Washington evidence law that simplifies the process of authenticating written documents in court. This rule states that the testimony of a subscribing witness—someone who signs a document to attest to its validity—is not required to authenticate a writing unless the laws of the governing jurisdiction specifically demand it. In this article, we explore the significance of ER 903, its practical implications, and how it streamlines legal proceedings in Washington State.

Key Provisions of ER 903:

1. Simplification of Document Authentication: ER 903 provides a straightforward approach to authenticating written documents by eliminating the need for a subscribing witness to testify, unless explicitly required by the governing law. This rule is particularly useful in cases where the validity of a document is not in question, allowing the court to focus on more substantive issues without being bogged down by procedural formalities.
2. When Subscribing Witness Testimony is Required: While ER 903 generally dispenses with the need for a subscribing witness, there are exceptions. If the laws of the jurisdiction that govern the validity of the document specifically require the testimony of a subscribing witness, then such testimony becomes necessary. This exception ensures that ER 903 is flexible and can accommodate various legal standards depending on the jurisdiction involved.
3. Implications for Legal Practice: By reducing the reliance on subscribing witnesses, ER 903 streamlines the authentication process, making it more efficient. Lawyers can present written documents in court without the additional step of locating and calling subscribing witnesses, saving time and resources. However, legal practitioners must be aware of the laws that govern the document’s validity to ensure compliance with any specific requirements.
4. Applicability in Different Jurisdictions: ER 903’s flexibility allows it to adapt to the legal standards of different jurisdictions. In Washington State, this rule is particularly valuable for attorneys who handle cases involving documents from other states or countries, where the rules of authentication may differ. Understanding when subscribing witness testimony is required by the governing law is crucial for successfully navigating multi-jurisdictional cases.

Practical Implications: ER 903 is an essential tool for attorneys in Washington State, providing a streamlined approach to document authentication. By removing the general requirement for subscribing witness testimony, the rule facilitates a more efficient legal process, allowing courts to focus on the substance of the case rather than procedural formalities. However, attorneys must remain vigilant about the specific requirements of the governing jurisdiction to ensure compliance.

For a complete understanding of the rule, you can review the full text of ER 903 here.

Conclusion: ER 903 is a valuable rule that simplifies the process of authenticating written documents in Washington courts. By eliminating the need for subscribing witness testimony in most cases, the rule enhances the efficiency of legal proceedings while maintaining flexibility for different jurisdictional requirements.

Additionally, explore our client resources here for more details on how we handle similar cases.

About Blanford Law:
At Blanford Law, we are committed to providing relentless, fair, and honest legal representation. With over 20 years of experience, Ken Blanford founded our firm on the belief that every client deserves respect and the best possible defense, free from assumptions or preconceived notions. If you or someone you know is facing criminal charges or has been injured due to someone else’s negligence, please contact us anytime at 253-720-9304 or email us at info@blanfordlaw.com.