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ARTICLE VIII. HEARSAY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Rule 801
Rule 803
803(1)
803(1)(a)
803(1)(b)
803(1)(c)
803(2)
803(3)
803(4)
803(5)
803(6)
803(7)
803(8)
803(21)
803(22)
803(24)
Rule 804
Rule 805
Article X. Contents of Writings, Recordings,
and Photographs

       (b) Present state of mind. [Changes highlighted][Moved from Current Rule 803(3)] [ 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, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed ] having independent relevance because such mental state is an element of a claim or defense, or used to prove circumstantially the declarant's past or future conduct. If offered as circumstantial evidence of the conduct of a third party, there must be independent evidence that the third party acted consistently with the statement. [unless it relates to the execution, revocation, identification, or terms of declarant's will.]

Click here to see commentary on Revised Rule 803(1)(b).

       (b) Present state of mind. [Clean copy] A statement of the declarant's then existing state of mind having independent relevance because such mental state is an element of a claim or defense, or used to prove circumstantially the declarant's past or future conduct. If offered as circumstantial evidence of the conduct of a third party, there must be independent evidence that the third party acted consistently with the statement.

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