Wash. R. Evid. 413

(a) Criminal Cases; Evidence Generally Inadmissible. In any criminal matter,

evidence of a party's or a witness's immigration st atus shall not be admissible unless

immigration status is an essential fact to prove an element of, or a defense to, the criminal

offense with which the defendant is charged, or to show bias or prejudice of a witness pursuant

to ER 607. The following procedure shall apply prior to any such proposed uses of immigration

status evidence to show bias or prejudice of a witness:

(1) A written pretrial motion shall be made that includes an offer of proof of the

relevancy of the proposed evidence.

(2) The written motion shall be accompanied by an a ffidavit or affidavits in which the

offer of proof shall be stated.

(3) (If the court finds that the offer of proof is sufficient, the court shall order a hearing

outside the presence of the jury.

(4) The court may admit evidence of immigration sta tus to show bias or prejudice if it

finds that the evidence is reliable and relevant, a nd that its probative value outweighs the

prejudicial nature of evidence of immigration statu s.

(5) Nothing in this section shall be construed to e xclude evidence if the exclusion of that

evidence would violate a defendant's constitutional rights.

(b) Civil Cases; Evidence Generally Inadmissible. Except as provided in

subsection (b)(l), evidence of a party's or a witness's immigration status shall not be

admissible unless immigration status is an essential fact to prove an element of a party's cause

of action.

(1) Posttrial Proceedings. Evidence of immigration status may be submitted to the

court through a posttrial motion made under CR 59(h) or CRLJ 59(h):

(A) where a party, who is subject to a final order of removal in immigration

proceedings, was awarded damages for future lost earnings; or

(B) where a party was awarded reinstatement to employment.

(2) Procedure to review evidence. Whenever a party seeks to use or introduce

immigration status evidence, the court shall conduct an in camera review of such evidence.

The motion, related papers, and record of such review may be sealed pursuant to GR 15, and

shall remain under seal unless the court orders otherwise. If the court determines that the

evidence may be used, the court shall make findings of fact and conclusions of law regarding

the permitted use of that evidence.