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What Is Washington ER 1002?

Washington ER 1002 is the evidence rule that mandates the use of the original writing, recording, or photograph when a party seeks to prove the content of that item in court. This is often called the “original document rule,” and it plays a crucial role in the admissibility of evidence in Washington courts.

According to the rule, duplicates or summaries may not be enough—especially when the content itself is in dispute. Understanding Washington ER 1002 is vital for attorneys and litigants preparing for trial.

When Is the Original Required in Washington Courts?

Under ER 1002, an original document is required when a party seeks to prove its contents. This applies to writings, recordings, or photographs and prevents alterations or misrepresentations from being presented in court.

For example, if you are introducing a written contract, video footage, or a signed statement, Washington courts expect the original version unless an exception applies under another rule.

▶️ See the full text of ER 1002 – Requirement of Original

Exceptions to Washington ER 1002

Washington ER 1003 and ER 1004 provide exceptions to the original evidence requirement. For example, duplicates may be admissible unless there’s a genuine question about authenticity. Originals may also not be required if they were lost or destroyed without bad faith.

🔗 Related Rule: ER 1004 – Admissibility of Other Evidence of Contents

▶️ Understanding ER 1003 – Admissibility of Duplicates

Why Washington ER 1002 Matters in Civil and Criminal Cases

Whether you’re handling a personal injury case, criminal defense, or contract dispute, Washington ER 1002 is critical. It prevents fabricated or altered documents from being used as evidence and ensures that what the court sees is the actual document or media being discussed.

In criminal trials, the original recording of an interrogation or 911 call may be essential. In civil cases, a contract dispute may hinge on the exact language used in the original version.

How Blanford Law Uses ER 1002 to Your Advantage

At Blanford Law, we understand how to challenge evidence that violates Washington ER 1002 and how to protect your case by insisting on original documents when needed. We apply this rule to defend our clients’ rights, suppress improper evidence, and uphold the integrity of your case.

✅ Key Takeaways About Washington ER 1002

  • ER 1002 requires the original writing, recording, or photo when proving content.
  • Duplicates may not be allowed unless an exception (like ER 1003) applies.
  • The rule protects against tampered or inaccurate evidence.
  • Used in both civil and criminal cases in Washington courts.

Call to Action

If you’re dealing with contested documents, altered contracts, or questionable evidence, Blanford Law can help. We’re experienced in using Washington evidence rules—including ER 1002—to protect your rights and fight for justice.

📞 Call (253) 720-9304
📧 Email ken@blanfordlaw.com

Get a free consultation today. Let’s make sure your evidence holds up in court.

📚 Additional Resources on Washington Evidence Rules

To gain a deeper understanding of the Washington Rules of Evidence related to original documents and their admissibility in court, explore the following articles: