Burden of persuasion.

RCW 10.122.110
in effect
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If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies. If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=10.122&full=trueFetched: 6/28/2026

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RCW 10.122.110 — Burden of persuasion | Revised Code of Washington | Corpus