The present physical or mental condition exception permits statements of:

The present physical or mental condition exception permits statements of:

• A. The declarant's current physical or mental condition, including future intent
• B. Past medical history only
• C. The identity of a person
• D. The declarant's character for truthfulness

Answer: (A)

This question tests the then-existing state of mind or physical condition exception to the hearsay rule. This rule allows a declarant to describe their current physical or mental condition at the time of making the statement, and it also covers statements about their intent or plan for the future because those reflect the declarant’s present state of mind. So a statement like “I have a headache” or “I intend to go to the store” is admissible under this exception. Past medical history concerns events in the past and isn’t governed by this then-existing condition rule. The identity of a person and the declarant’s character for truthfulness are addressed by other rules and do not fit this exception. Therefore, the statement about the declarant’s current condition, including future intent, is the correct understanding of the rule.

This question tests the then-existing state of mind or physical condition exception to the hearsay rule. This rule allows a declarant to describe their current physical or mental condition at the time of making the statement, and it also covers statements about their intent or plan for the future because those reflect the declarant’s present state of mind. So a statement like “I have a headache” or “I intend to go to the store” is admissible under this exception.

Past medical history concerns events in the past and isn’t governed by this then-existing condition rule. The identity of a person and the declarant’s character for truthfulness are addressed by other rules and do not fit this exception. Therefore, the statement about the declarant’s current condition, including future intent, is the correct understanding of the rule.