WPI 1.06 Evidence for Limited Purpose

This instruction is for use at the conclusion of the trial. Use bracketed material as applicable. Fill in the blank to conform to the evidence.

For an oral instruction to be given at the time the evidence is offered, see WPI 6.07 (Limited Purpose Evidence—Generally).

For a special instruction relating to evidence of a criminal conviction offered to impeach a witness, see WPI 3.02 (Conviction of Crime—Impeachment).

ER 105. The court rule provides: “Limited Admissibility. When evidence that is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.”

This pattern instruction is broadly written to apply to many different circumstances. For example, hearsay may be inadmissible to prove the truth of the matter asserted but admissible to show that the listener had knowledge or notice (ER 801(c)). Similarly, an admission may be admissible against the party making the admission but not against a co-party (ER 801(d)(2)).

Other examples include subsequent remedial measures inadmissible to show negligence but admissible to show ownership (ER 407); prior misconduct inadmissible to show propensity but admissible to show motive or intent (ER 404(b)); and religious beliefs of a witness inadmissible for impeachment but admissible if relevant to a substantive issue in the case (ER 610).

As a general rule, the burden of requesting a limiting instruction is on the objecting party or the party adversely affected. The failure to request a limiting instruction generally waives any error that could have been corrected by the instruction. See Lamborn v. Phillips Pac. Chemical Co., 89 Wn.2d 701, 575 P.2d 215 (1978); State v. Barber, 38 Wn.App. 758, 689 P.2d 1099 (1984).

For a discussion of limiting instructions, see Tegland, 5 Washington Practice, Evidence Law and Practice § 105.2 (6th ed.). A more specific discussion of limiting instructions in civil cases is found in Ende, 14A Washington Practice, Civil Procedure § 31:18 (3d ed.).