Rule 803. Exceptions to the Rule Against Hearsay—Regardless of Whether the Declarant Is Available as a Witness.

 The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

   (1)  Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.


   This rule is identical to F.R.E. 803(1).

   For this exception to apply, declarant need not be excited or otherwise emotionally affected by the event or condition perceived. The trustworthiness of the statement arises from its timing. The requirement of contemporaneousness, or near contemporaneousness, reduces the chance of premeditated prevarication or loss of memory.


   The provisions of this Rule 803 amended March 23, 1999, effective immediately, 29 Pa.B. 1712; amended March 10, 2000, effective immediately, 30 Pa.B. 1639; amended May 16, 2001, effective July 1, 2001, 31 Pa.B. 2788; amended November 2, 2001, effective January 1, 2002, 31 Pa.B. 6381; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620. Immediately preceding text appears at serial pages (276588) to (276589), (285605) to (285606), (364515) to (364516), (245789) to (245790), (280387) to (280388) and (285609) to (285610).

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