Section 16.18 Declaration of Mental, Emotional, or Physical Condition

• Library: Evidence 2017

D. (§16.18) Declaration of Mental, Emotional, or Physical Condition

The hearsay exception for declaration of a mental, emotional, or physical condition is a variation of the exceptions for present sense impressions and excited utterances. There are two separate exceptions under this general heading:

1. Statements of a condition existing at the time of the statement

2. Statements for purposes of medical diagnosis or treatment

Under the first category, a witness can testify to another’s expression of pain or description of symptoms or effect of illness when the statement was made at the time the declarant was experiencing the pain, symptoms, or ill effects. McHugh v. St. Louis Transit Co., 88 S.W. 853 (Mo. banc 1905); Jones v. Cent. States Oil Co., 170 S.W.2d 153 (Mo. App. E.D. 1943); Kickham v. Carter, 335 S.W.2d 83 (Mo. 1960). The statement may be one that was made to a layperson. Jones, 170 S.W.2d at 159. The exception extends to a person’s mental conditions. State v. Taylor, 298 S.W.3d 482, 493 (Mo. banc 2009). “Mental condition” can include motive or intent, In re Estate of Dawes, 891 S.W.2d 510, 519–20 (Mo. App. S.D. 1994), and plan or design, Weber v. Les Petite Academies, 548 S.W.2d 847, 851 (Mo. App. E.D. 1976). And, in addition to the timing requirements, the events witnessed must be by the declarant’s own senses. State v. Bynum, 299 S.W.3d 52, 59 (Mo. App...