Rule 803. Exceptions to the Rule Against Hearsay - Regardless of Whether the Declarant is Available as a Witness

Category: Rules of Evidence Section: ARTICLE VIII. HEARSAY

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

(1) Present Sense Impression

A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

(2) Excited Utterance

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

(3) Then-Existing Mental, Emotional, or Physical Condition

    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

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