Circumstantial Evidence & Washington Law

In a court of law, circumstantial evidence is any evidence that does not come from a primary source. It is not direct evidence from a witness who saw or heard something. In Washington, circumstantiary rules are covered by the Washington State Court Rules of Evidence

Rule 602

• Rule 602 prohibits the testimony of a lay witness unless it is proven the witness had a personal knowledge of the matter.

Rule 1004

• Rule 1004 covers the admissibility of evidence pertaining to the contents of a document. Such evidence is admissible if the original document has been destroyed, is unobtainable, was listed by a party as part of its proof but never presented in court or of a matter not directly relevant to the primary issues of the case.

State v. Bauman

• In State v. Bauman, 77 Wn.2d 938, 468 P.2d 684 (1970), a Washington state appellate court decision determined that circumstantial evidence alone was sufficient for a jury to convict. The court determined that the determining factor was whether or not the circumstantial evidence was excessively prejudicial.