Also known as: then-existing state of mind · then existing state of mind · then-existing mental condition · then-existing emotional condition · then-existing physical condition · state of mind exception · state of mind hearsay exception · FRE 803(3)
Written by attorneys · grounded in primary & secondary sources — see below
A hearsay exception that admits a declarant's out-of-court statement describing the declarant's then-existing state of mind, emotion, sensation, or physical condition. The exception excludes statements of memory or belief offered to prove the fact remembered or believed unless the statement relates to the validity or terms of the declarant's will.
Tyler Taylor agreed to purchase a condominium from Tara Tran. The day before closing Tyler told his friend Tonya Takahashi that he absolutely planned to complete the purchase the next day no matter what. In the subsequent lawsuit over the failed sale Tara offers Tonya's testimony about Tyler's statement to show that Tyler rather than she backed out at the last minute.
Thomas Thompson drove a delivery truck for True North Logistics. While en route Thomas radioed dispatcher Trevor Tate that he planned to take the old mountain pass despite icy conditions to reach the warehouse faster. After the truck crashed on the pass Thomas's estate offered Trevor's testimony about the statement to show that Thomas acted in accordance with his expressed intent.
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No. The exception applies regardless of whether the declarant is available to testify at trial.
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Yes. The exception admits statements describing the declarant's then-existing physical condition even when the statement is made casually to a companion rather than for medical diagnosis or treatment.
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No. The statement may be admitted only to show the declarant's own contemporaneous mental emotional or physical condition. It may not be used to prove the truth of any fact remembered or believed.
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A statement of then-existing intent or plan is admissible to prove that the declarant subsequently acted consistently with the stated intent under the Hillmon doctrine.
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The exception bars admission of any memory or belief component when it is offered to prove the fact remembered or believed. A limiting instruction may be required if the statement contains an embedded factual assertion.
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…rule for the following evidence: “ Then existing mental, emotional, or physical condition. A statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the…