This hearsay exception, the “state of mind” exception, is a true exception: it permits someone else to testify to the declarant's statements.

31 дек. 2022 г. · The state of mind exception for hearsay includes emotional stress and cognitive schemes. If the statement contains a portion that falls within ...

For Example, That defendant gave her "the creeps." That Declarant was afraid of another person. Or That Decedent said she feared defendant would hurt her are ...

1 дек. 2023 г. · G.S. 8C-803(3). This exception allows hearsay statements regarding the declarant's state of mind or physical condition, as long as the statement ...

expressed by the declarant. cause of that state of mind:  “I'm scared”: OK.  “I'm scared because someone threatened me”: not OK.

For example, the declarant says "I hate my brother," offered not to show that he hates his brother but that he intended to omit his brother from his will. This ...

Statements regarding the declarant's present pain or then-existing physical condition are not within the exception set forth in subdivision (1) (see Davidson v.

(3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or ...

BASIS FOR THE EXCEPTION. The policy behind the state of mind hearsay exception is that there is a fair necessity for lack of other better evidence to resort ...

Declarator's Duty. The declarator duty exception requires that: the declarator be deceased;; the declarator had a duty act and record the actions; ...