WPI 155.01.01 Evidence Limited to Record
6A WAPRAC WPI 155.01.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.01.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XI. Workers' Compensation
Chapter 155. Workers' Compensation
WPI 155.01.01 Evidence Limited to Record
The law requires that this case be tried solely on the evidence and testimony that was offered before the Board of Industrial Insurance Appeals. This means that the parties are not permitted to bring witnesses into court and have them testify before you. The evidence that you are to consider is limited to that contained in the record.
You should give no consideration to the presence or absence of any party. [Any impression you may gain from observing any party during the trial shall not be considered as evidence.]
NOTE ON USE
The WPI Committee recommends that this explanation be given at some time prior to the reading of the record to the jury. This instruction should also be included in the written instructions to the jury. A preliminary statement may also be read to the jury that describes in more detail the order of proceedings in a workers' compensation appeal.
The bracketed sentence in the second paragraph applies if any party attends the trial.
COMMENT
RCW 51.52.115 sets out the procedure at trial upon appeal to the superior court.
Because jurors are not to consider any new evidence in the case, they should not consider any impressions they may gather from observing any parties who attend the trial.
[Current as of October 2021.]
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