MBE Rules · Evidence
Present sense impression
FRE 803(1)
The rule
A statement describing or explaining an event made while or immediately after the declarant perceived it. Available regardless of declarant availability.
In plain English
It's when someone describes what they're seeing or experiencing right as it's happening.
Worked example
During a car accident, a passenger says, 'That truck just ran the red light!' This statement can be used in court because it was made as the event occurred.
Memory hook
See it, say it, admissible! Statement must describe an event as it's perceived or right after.
The trap
Students think: any recent statement qualifies. Wrong, because timing is crucial. The actual test is contemporaneous description or explanation.
How examiners test it
Test setup: declarant sees accident, comments moments later. Trap: students overlook 'immediate' requirement—must be nearly simultaneous.
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