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COMMONWEALTH OF PENNSYLVANIA

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225 Pa. Code Rule 803(3). Then-Existing Mental, Emotional, or Physical Condition.


Rule 803(3). Then-Existing Mental, Emotional, or Physical Condition.

   (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 emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.

Comment

   This rule is identical to F.R.E. 803(3). For the general inquiry that courts should undertake when contemplating application of this rule, see Commonwealth v. Fitzpatrick, 255 A.3d 452, 479-480 (Pa. 2021).

Source

   The provisions of this Rule 803(3) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended November 18, 2021, effective January 1, 2022, 51 Pa.B. 7438. Immediately preceding text appears at serial page (394682).


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