For many companies, business records are the most important evidence in litigation. Payroll ledgers, contracts, invoices, digital logs, or financial statements often carry the weight of proving or defending against a claim. But when a trial court excludes those records or misapplies Washington’s Business Records Act, the result can be a devastating—and unfair—loss.
When that happens, an appeal is your company’s second chance. But not just any appellate lawyer can handle it. You need appellate counsel who understands both the technical rules of evidence and the realities of how businesses operate.
Washington’s Business Records Act (RCW 5.45)
Washington’s Uniform Business Records as Evidence Act (RCW 5.45) was enacted to make business records admissible without requiring every employee who created or handled them to testify. The law allows records to be admitted if:
- They were made in the regular course of business
- Created at or near the time of the event
- The source and method of preparation show trustworthiness
Records can be admitted through a custodian of records or, in many cases, through a written certification instead of live testimony. Together with ER 803(a)(6) (the business records hearsay exception), this Act should make it straightforward for businesses to introduce their records at trial.
When Courts Misapply the Law
Unfortunately, trial courts sometimes get it wrong. Common errors include:
- Requiring unnecessary live testimony when certification should suffice
- Excluding electronic records like emails, databases, or digital logs without considering reliability
- Narrowly defining what qualifies as “regular course of business”
- Treating records as hearsay despite the clear statutory exception
When this happens, businesses are left unable to present their best evidence—and often lose cases they should win.
Why Business Appeals Require Business Lawyers
This is where many businesses make a critical mistake: they assume any appellate lawyer will do. But appeals involving RCW 5.45 are not just about reciting technical rules—they are about showing appellate judges why those records matter to the way businesses actually operate.
A lawyer without business litigation experience may only argue the evidence rule. A business-focused appellate lawyer does more:
- Explains commercial context – Demonstrating why invoices, contracts, or payroll systems are standard business practices, not unreliable hearsay.
- Connects trial court errors to business harm – Showing appellate judges how excluding records distorted the entire case outcome.
- Protects long-term business interests – Making clear that if the exclusion stands, businesses across Washington face uncertainty about whether their records will be honored in court.
- Frames the issue for real-world impact – Persuading the court that the law is not just about procedure, but about the fairness and predictability companies need to operate.
Put simply: appeals of business record exclusions are won by lawyers who understand both the law and the business.
Why Choose Tomlinson Bomsztyk Russ
At Tomlinson Bomsztyk Russ, our appellate team is made up of business litigators. We know how business records are kept, how trial courts mishandle them, and how to convince appellate judges that excluding them was wrong. We combine technical mastery of RCW 5.45 and ER 803(a)(6) with practical business insight to give your company the strongest possible case on appeal.
Conclusion: Don’t Let Trial Errors Stand
If your company lost a case because a court excluded your records, you don’t have to accept the result. With the right appellate counsel, those errors can be corrected, and your business can get the fair opportunity it deserves.
Contact Tomlinson Bomsztyk Russ today to learn how we can help your business appeal under Washington’s Business Records Act and protect your future.