There is a time frame that cannot be breached if a statement is going to fall under this exception. The last part of the rule is a foundational requirement. Internal conditions (like emotions or physical pain) are dealt with in a separate hearsay exception. It’s important to recognize that ‘condition’ means external condition- like the weather. The words the rule uses are ‘event’ ‘condition’ and ‘transaction’. What does it describe? Something that is happening, or an existing state of external affairs. A statement describing or explaining an (material) event or condition, made while or immediately after the declarant perceived it.Ī present sense impression comes in one of two forms: it’s always either an explanation or a description. TEXT OF THE RULE: (1) Present Sense Impression. Sooooo lets get to know our first hearsay exception! She’s alllll about living in the now! A typical date with her might involve description or explanation of a material event or condition, and her interests include statements about transactions made at or near the time of the perception of said transaction, she’s…… Present Sense Impression! But there are some types of statements that we generally trust to be true, and those are the statements that get a pass in the form of an 803 exception. Remember that the danger of a hearsay statement, and the reason we don’t admit them regularly, is that they could be false, and we don’t have any great way of figuring out if they are. But you should let it in anyway, and here’s why. The character of your argument, then, runs something like this: As a general rule, if your argument is rooted in 801, then you’re challenging whether the statement in question fits the definition.īut if you’re making an argument rooted in 803, you are conceding that the statement in question is definitely hearsay.
It is important to distinguish between hearsay exceptions and arguments about whether a statement is hearsay by definition.įor example, if you’ve ever heard the term ‘statement of a party opponent’ ( which is laid out in rule 801(d)(2)) then you’ve been exposed to an argument that a statement is not hearsay by definition. For a discussion of terms like ‘declarant’ and ‘available’ and what they mean, you can click here. Rule 803 lists twenty-three exceptions to the hearsay rule, all of which apply whether the declarant is available or not.
And also… people that aren’t very good but can find where the exceptions are listed in the rulebook.
And then there’s rule 803: the trusty box of tricks for the evidentiary magicians out there. Rule 802 holds that hearsay is inadmissible.
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