WPIC 4.64.01 Evidence Limited as to Purpose

This instruction is a generalized version of WPIC 4.64 (Evidence of Prior Conviction—Impeachment), to be used during trial when evidence is admissible only for a limited purpose other than impeachment by prior conviction.

Use bracketed material as applicable.

If the evidence consists of a criminal conviction offered for impeachment, use the more specific instruction in WPIC 4.64 (Evidence of Prior Conviction—Impeachment) rather than this general instruction.

For a corresponding written instruction to be used at the conclusion of the trial, see WPIC 5.30 (Evidence Limited as to Purpose).

Under the Evidence Rules, evidence may be admissible as proof on one issue but inadmissible as proof on other issues. On request by counsel for either side, a party is entitled to an instruction such as WPIC 4.64.01, limiting the evidence to its proper purpose. See Tegland, 5 Washington Practice: Evidence Law and Practice §§ 105.1–.4 (6th ed.).

In some situations, it may be necessary to supplement the language of WPIC 4.64 (Evidence of Prior Conviction—Impeachment) to satisfy specialized requirements in the case law, particularly with regard to evidence of prior conduct admitted under ER 404(b) and evidence of out-of-court statements by co-defendants. These specialized requirements are discussed in more detail in the Comment to WPIC 5.30 (Evidence Limited as to Purpose).