MBE Rules · Evidence
Then-existing mental, emotional, physical condition
FRE 803(3)
The rule
A statement of declarant's then-existing state of mind (motive, intent, plan) or emotional/physical condition. Does NOT include statements of memory or belief to prove the fact remembered (the Hillmon doctrine extends this to permit statements of future intent to prove conduct).
In plain English
Statements about what someone was thinking or feeling at the time can be used in court, but not if they're just recalling past events.
Worked example
The defendant said, 'I'm planning to visit my sister tomorrow.' This can be used to show they intended to travel, but not to prove they visited last week.
Memory hook
State of Mind: Now, Not Then. Admissible if it shows current thoughts or feelings, not past memories or beliefs.
The trap
Students think: Any mental statement is admissible. Wrong, because past memories aren't allowed. The actual test is for current state of mind or future intent only.
How examiners test it
The MBE loves: declarant describes a future plan. Trap: students assume it's hearsay. But if it shows intent, it's admissible under Hillmon.
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