WPIC 4.77 Stipulation as to Undisputed Facts or Elements of Offense

Use this oral instruction where the parties have stipulated that a fact has been conclusively established.

For stipulations to the admissibility of evidence, use WPIC 4.76 (Stipulation as to Admission of Evidence) instead of this instruction. For stipulations to prior offenses, use WPIC 4.78. (Stipulation of Prior Offense (“Old Chief Stipulation”)).

Parties frequently stipulate to all kinds of undisputed facts, such as the absence of fingerprints on a weapon. The instruction informs jurors that they must treat these facts differently than other facts in the case, as the jurors must accept the stipulated facts as true.

A criminal defendant cannot force the prosecution to accept a stipulation to facts other than the existence of a prior conviction. See, e.g., State v. Finch, 137 Wn.2d 792, 975 P.2d 967 (1999) (State is not required to accept defendant's offer to stipulate to identity of murder victim to render “in life” photographs irrelevant). As stated by the United States Supreme Court, “a defendant's Rule 403 objection offering to concede a point generally cannot prevail over the Government's choice to offer evidence showing guilt and all the circumstances surrounding the offense.” Old Chief v. United States, 519 U.S. 172, 183, 117 S. Ct. 644, 136 L. Ed. 2d. 574 (1997).