The then-existing mental, emotional, or physical condition hearsay exception permits statements of memory or belief.

Question

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The then-existing mental, emotional, or physical condition hearsay exception allows for the admission of a statement that explains the declarant's then-existing state of mind, emotion, or physical condition, such as intent, plan, motive, design, mental feeling, pain, or bodily health, but it does not generally permit statements of memory or belief to prove the fact remembered or believed.

The Then-Existing Mental, Emotional, or Physical Condition Hearsay Exception Permits