Then Existing Mental, Emotional, or Physical Condition

Learn about the definition for this legal term.

What is Then Existing Mental, Emotional, or Physical Condition?

An exception to the Hearsay Rule, consisting of 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 or believed unless it relates to the validity or terms of the declarant’s will.

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