Washington Mock Trial Rules

Key Differences from Federal Rules of Evidence

• Washington ER 702 applies a Frye-plus standard (State v. Copeland, 2018): novel scientific evidence must meet general acceptance, while technical and specialized knowledge is evaluated under a reliability framework
• Washington ER 404(b) requires that other-acts evidence be proved by a preponderance, but trial courts must conduct a balancing test and consider less prejudicial alternatives
• Washington ER 801(d)(1)(i) allows prior inconsistent statements as substantive evidence only if made under oath at a formal proceeding, narrower than some states

Notable Rules

Key Features

• Washington requires mandatory arbitration for civil cases under $100,000 in most counties under MAR 1.1
• Criminal speedy trial rule (CrR 3.3) requires trial within 60 days (in custody) or 90 days (out of custody) after arraignment
• Washington uses a sentencing guidelines system (Sentencing Reform Act, RCW 9.94A) that structures judicial discretion in criminal cases

• Civil juries consist of 6 jurors; verdict requires at least 5 of 6 concurrence
• Criminal juries consist of 12 jurors with unanimous verdicts required
• Washington allows peremptory challenges under GR 37, which prohibits their use for racially discriminatory purposes (broader than Batson)