Ace the 2026 MBE Evidence Exam: Unleash Your Legal Eagle Powers!

Under FRE 803(3), a statement describing the declarant’s then-existing state of mind, emotion, sensation, or physical condition is admissible to prove that mental state. A patient describing their own pain or emotional state at the time expresses their then-existing condition, making the statement highly probative of their mental state at that moment. This is allowed even if the declarant does not testify, as long as the usual admissibility requirements are met. The statement need not be in writing, and it doesn’t require a third party to describe someone else’s state—the focus is on the declarant’s own then-existing condition. Therefore, such statements are admissible.