Hearsay exceptions: Present sense impression. Which rule?

• A. Rule 803 (1)
• B. Rule 803 (2)
• C. Rule 803 (3)
• D. Rule 803 (4)

Answer: (A)

Present sense impression is a hearsay exception that lets a statement describing or explaining an event be admitted if it was made while the declarant was perceiving the event or immediately after. This is specifically tied to Rule 803(1). The defining feature is simultaneity—the description is given as the event unfolds or right after, leaving little room for reflection or fabrication, which helps reassure reliability.

This distinguishes it from other rules: an excited utterance requires the speaker to be under the stress of a startling event, not merely describing it as it happens. Statements about one’s then-existing mental state or emotional condition aren’t describing the event itself but the person’s internal state. And statements made for medical treatment are about diagnosis or treatment, not about conveying the event as it occurred. A typical example is “The car is running the red light” spoken while witnessing the crash, describing what is happening in the moment.

So, the rule that best matches present sense impression is the one codified to cover these contemporaneous descriptions of events.