Chapter 3 - §3. Exception—Statement of past condition

• Jurisdiction: United States

§3. Exception—Statement of past condition

A declarant's statement about her past state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is admissible as an exception to the hearsay rule. Evid. C. §1251.

§3.1. Overview. The declarant's "statement of memory or belief of [her own] past mental or physical state" can be introduced to prove a "previous mental or physical state when the previous mental or physical state is itself an issue in the case." 7 Cal. Law Revision Comm'n Rep. (1965) p. 1237. The exception for a statement about past state of mind, emotion, or physical sensation applies only when the declarant is unavailable. Id. This requirement is imposed...