Hearsay exceptions: Then-existing mental, emotional, or physical condition. Which rule?

• A. Rule 803 (1)
• B. Rule 803 (3)
• C. Rule 803 (2)
• D. Rule 802

Answer: (B)

The key idea here is that some statements are allowed as hearsay exceptions because they reveal how someone was thinking or feeling at the moment. Specifically, statements about a declarant’s then-existing mental, emotional, or physical condition—such as intent, motive, plan, or emotion—are admissible to show that state of mind at the time of the statement. This differs from other common hearsay exceptions like present-sense impressions (what the declarant was perceiving) or excited utterances (a spontaneous reaction to a startling event). So a statement like “I intend to go to the meeting” or “I’m worried about the outcome” can be admitted to prove the declarant’s state of mind at that time. This is why Rule 803(3) is the correct rule.