The statement in the video goes like this: "Wow! That red truck just ran the red light and hit the white car." And then, the camera focuses on the Defendant and Plaintiff in their respective vehicle. This video contains a significant statement that you want to use at trial. Somehow you were able to get a copy of a video that the Witness made while live-streaming here day. In this case, there is only one eye witness, but she's unable to testify (the reason is irrelevant). To prove negligence, your goal is to show that the Defendant ran a red light. Scenario: You are a Plaintiff's lawyer representing someone that was injured in a car wreck case. Now, let's bring everything together with an example. Whichever side you are on, explain the purpose of this specific hearsay exception that way, you can show why you are emphasizing the critical element of time.Įxample of Present Sense Impression exception. In other words, will you be able to prove or disprove spontaneity? To make the best Present Sense Impression argument, you may need to rely on precedent in your jurisdiction, good facts, and a solid argument to show whether the declarant had enough time to think about the effects of the statement. The real arguments exist between these two scenarios because what is considered to be immediately after? One minute? Ten minutes? More? On the other end of the spectrum, if the statement is not made immediately after the event, then the exception cannot apply. If the statement is made while the event occurs, then the Present Sense Impression applies. ![]() If the statement survives 402, 403, and is hearsay, then it's now time to determine whether the Present Sense Impression exception applies. For example, if a statement is not being introduced to prove the truth of the matter asserted, then the statement is not hearsay thus, there's no need to go through the hearsay exceptions. Second, you don't want to assume that an out-of-court statement is hearsay and immediately jump to hearsay exceptions. When considering Present Sense Impression's concept of time, you need to keep in mind two things.įirst, you don't want to be too consumed with hearsay exceptions that you overlook that the statement needs to satisfy Rule 402 and Rule 403. When should the Present Sense Impression Hearsay exception apply? Since there is no clear definition of "immediately afterward," this part of Present Sense Impression will be the battleground for most lawyers arguing Rule 803(1)'s application (or lack thereof). If not, was the statement made immediately afterward? Was the statement made while the declarant observed the event? The critical factor behind this concept is time. When statements are made while or immediately after experiencing an event, the possibility of intentional misrepresentation or deliberate inaccuracy is greatly reduced.Īgain, this concept of spontaneity is why present sense impressions are admissible forms of evidence at trial. The Present Sense Impression exception applies to instances when the out-of-court statement was made (1) while the declarant observed the event or condition or (2) immediately afterward. What is the Present Sense Impression exception? This is why we have the Present Sense Impression exception to hearsay. ![]() However, a spontaneous statement is often believed to be more trustworthy because the declarant did not have the time to think about the effects of that statement.Īs a result, the law understands that an all-out ban on all out-of-court statements is too much especially if the statement was made when there was not enough time to careful craft such a statement. The hearsay objection is designed to keep out statements that declarants have carefully crafted for their benefit at trial. These three exceptions all share the same underlying principle: spontaneity. Looking at Rule 803, the first three exceptions are Present Sense Impression, Excited Utterance, and Then-Existing Mental, Emotional, or Physical Condition. ![]() Was the hearsay statement made spontaneously?
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