MBE Rules · Evidence
Hillmon doctrine — statement of future intent
FRE 803(3) — Hillmon
The rule
A statement of the declarant's then-existing intent to perform a future act is admissible under the state-of-mind exception as circumstantial evidence that the declarant later did the act. Federal courts generally permit its use to prove the declarant's own conduct but limit or restrict its use to prove a third party's conduct.
In plain English
If the victim says 'I'm going to meet Frank at the cabin tonight,' the statement is admissible to show the victim went to the cabin. Its use to prove Frank also went is controversial; many courts admit it only with corroboration or with a limiting instruction.
Memory hook
Hillmon = 'I will' statements predict conduct.
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