Washington ER 1007 allows a party’s own testimony or written admission to be used as evidence in place of original documents, recordings, or photographs. This rule creates an important exception to the typical requirement that original evidence must be presented in court. It applies in both civil and criminal cases and can significantly impact how a case is argued and proven.
What Is ER 1007?
Under Washington Rule of Evidence 1007, the court may accept a party’s testimony or written admission as proof of a document’s contents. The rule removes the need to produce the original item when the person being held accountable has admitted—either in writing or through sworn testimony—to what it contained.
The full text of ER 1007 states:
“The contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered, or by that party’s written admission, without accounting for the nonproduction of the original.”
How ER 1007 Works in Practice
Let’s say a defendant sends an email admitting they received a written warning. If that email is introduced at trial, ER 1007 may allow it to serve as sufficient proof of the warning’s contents—even if the warning itself is no longer available. This shortcut can streamline the evidentiary process and help avoid unnecessary delays.
ER 1007 is especially useful when:
- The original document is lost or destroyed
- The original is difficult to obtain
- The party being accused has already acknowledged the contents
Limits of ER 1007
While Washington ER 1007 is powerful, it only applies when the admission comes from the party against whom the evidence is being used. A third-party statement won’t qualify under this rule. Additionally, courts still have discretion. If an admission is vague, unclear, or contested, a judge may require more evidence.
Also, ER 1007 does not override protections like:
- The hearsay rule
- The attorney-client privilege
- Constitutional rights in criminal cases
Why ER 1007 Matters in Your Case
If you are involved in litigation, what you say or write can be used against you—even without the original evidence. Admissions in emails, depositions, sworn statements, or even social media may serve as proof under ER 1007.
This rule reminds us that:
- Legal strategy must account for past statements
- Opposing counsel may rely on your prior words
- A clear record matters as much as physical evidence
Contact Blanford Law for Help with Evidence Strategy
Legal rules like Washington ER 1007 can shape the outcome of your case. If you’re facing a civil lawsuit or criminal prosecution and prior admissions are part of the record, you need an attorney who understands how these rules are applied.
📧 Email: ken@blanfordlaw.com
📞 Call: 253-720-9304
We serve clients across Washington, including Pierce and Kittitas counties, and offer guidance on evidence, courtroom strategy, and strong legal representation.
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