Evidence-Wellborn SU2006 Outline

Two doctors testifying for the insurance carrier

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Unformatted text preview: larant would not be competent to be a witness, but the spontaneous statement likely has a ring of truth! Hearsay Exceptions; Availability of Declarant Immaterial - Statement of Declarant's then Existing Mental, Emotional, or Physical Condition [FRE 803(3)] FRE 803(3): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: Then Existing Mental, Emotional, or Physical Condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, 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 execution, revocation, identification, or terms of declarant's will. 803(3) covers four distinct categories of statements: Statements of present bodily condition Statements of present state of mind or emotion, offered to prove a state of...
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