Analysis: Admissibility of American Law Iinstitute (ALI) documents

We find that the trial court was correct when it denied Lunsford’s motion to strike documents describing the proceedings of the ALI as inadmissible hearsay. Evidence Rule (ER) 803(a)(16) provides a hearsay exception for "[s]tatements in a document in existence 20 years or more whose authenticity is established." ER 901(b)(8) and 902(e) provide for authentication of ancient documents.

The reasons for this exception were explained in Bowers v. No. 57293-8-I/ 16 16 Fibreboard Corp., 66 Wn. App. 454, 461-63, 832 P.2d 523 (1992), rev. denied, 120 Wn.2d 1017 (1992). They do not bear repeating.

The ALI documents recorded proceedings from 1958, 1961 and 1964. They have been in existence for more than 20 years. They are authenticated as official publications under 902(e). The documents meet the hearsay exception under ER 803(a)(16).

We reverse and remand.