Also known as:state of mind principle · state-of-mind principles · state of mind principles · state of mind
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that permits out-of-court statements or other proof to establish a person's then-existing mental state, motive, intent, or plan when offered for a non-truth purpose such as showing effect on the listener or explaining subsequent conduct.
Sources & Authorities
How it applies
Common Examples
6
Advisor Note Shows Belief
Steven Silva met with an investment advisor who recorded that Silva understood the risks of a fund. The firm later offered the note in a fraud suit to demonstrate the advisor's belief about Silva's risk tolerance and why the recommendation was made. The court admitted the note because it was offered only to prove the advisor's state of mind.
False Impression About Intent
Selena Singh promised to deliver equipment but the buyer offered an advisor's note recording Singh's stated intent at the time of payment. In the theft-by-deception suit the court admitted the note to show the buyer's understanding of Singh's state of mind when the payment was made.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Model Codes
Common Law
Restatements
Study Supplements
Sydney Santos reviewed an official memo before disposing of waste. Charged with unlawful dumping, Santos offered the memo at trial to prove the state of mind created by the memo and to explain subsequent conduct. The court admitted the memo under the state-of-mind exception.
Burden on Sanity Claim
Solomon Silver raised an insanity defense in a murder prosecution. The defense offered prior therapy notes recording Silver's stated mental condition on the day of the shooting. The court admitted the notes solely to show Silver's then-existing state of mind.
Presumption Instruction Invalid
Spencer Silver was charged with deliberate homicide. The defense offered a witness statement describing Silver's expressed plan immediately before the shooting. The court admitted the statement to prove Silver's state of mind at that time.
Intent Element Required
Sebastian Santos removed property from a government facility. At trial Santos offered a supervisor's note recording Santos's stated belief that the property had been abandoned. The court admitted the note to show Santos's state of mind when the property was taken.
Common questions
Frequently Asked
3
When is a statement offered to show state of mind nonhearsay?+
A statement is nonhearsay when offered solely to prove its effect on the listener's belief or motive rather than the truth of what was said. The note in the fraud case was admitted because it showed the advisor's understanding of risk tolerance and explained the recommendation.
Supporting sources
Does deception about future intent support theft liability?+
A statement describing the declarant's stated intention at the time of obtaining property may be admitted under the state-of-mind exception when offered to show the listener's understanding rather than to prove the intention itself.
Supporting sources
When does a mistake about law provide a defense?+
A memo or note recording the defendant's stated belief about applicable regulations may be admitted to prove the defendant's state of mind at the time of the charged conduct when offered for a non-truth purpose.
Supporting sources
384 U.S. 436 (1966)Evidence
…system of law enforcement, Watts v. Indiana , 338 U. S. 49, 54, and eventually by close attention to the individual's state of mind and capacity for effective choice, e. g. , Gallegos v. Colorado , 370 U. S. 49. The outcome was a continuing re-evaluation on the facts of each case of how much pressure on the suspect…