WPI 360.15 Behavioral Health Disorder—Expert Testimony—Limitation on Consideration of Evidence
6A WAPRAC WPI 360.15Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.15 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.15 Behavioral Health Disorder—Expert Testimony—Limitation on Consideration of Evidence
A witness who has special training, education, or experience may be allowed to express an opinion in addition to giving testimony as to facts. You are not, however, required to accept his or her opinion. To determine the credibility and weight to be given to this type of evidence, you may consider, among other things, the education, training, experience, knowledge, and ability of the witness. You may also consider the reasons given for the opinion and the sources of his or her information, as well as considering the factors already given to you for evaluating the testimony of any other witness.
[An expert witness may have testified to information outside of the witness's personal knowledge when that information has been relied upon in forming his or her opinion. If previously limited by the court, you must not consider this type of testimony as proof that such outside information is true but only for the purpose of assessing what credibility or weight should be given the expert witness's opinion testimony.]
NOTE ON USE
Use this written instruction if requested.
For the oral instruction to be given at the time the evidence is admitted, see WPI 6.07 (Limited Purpose Evidence—Generally).
Use the bracketed second paragraph as appropriate in order to instruct jurors as to the issues involved when experts testify based on information outside their personal knowledge. The paragraph may be modified as necessary to more specifically identify the particular testimony to which the paragraph applies. The paragraph will not be necessary if the parties did not object to any testimony beyond the expert's personal knowledge or otherwise waived the right to a limiting instruction.
COMMENT
The Legislature amended RCW 71.05 et seq. to collectively refer to mental illness and substance abuse as behavioral health disorders. See Laws of 2020, Chapter 302, § 41.
The instruction's first paragraph is taken from WPI 2.10 (Expert Testimony).
For additional discussion, see the Comments to WPI 1.06 (Evidence for Limited Purpose) and WPI 2.10 (Expert Testimony).
[Current as of January 2021.]
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