Learn about the definition for this legal term.
An exception to the Hearsay Rule, consisting of a statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
The then-existing mental, emotional, or physical condition is an exception to the hearsay rule. It includes statements regarding the declarant’s current state of mind (such as motive, intent, or plan), emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but excludes statements of memory or belief unless related to the declarant’s will. The following examples and case studies illustrate how this exception is applied in various legal contexts:
These cases further demonstrate how this hearsay exception is used and its implications in legal proceedings:
For more detailed information, see our related Evidence terms: