Present Sense Impression
A present sense impression is a hearsay exception under FRE 803(1) for a statement describing an event made while or immediately after the declarant perceived it.
Exam Tip
DESCRIBE NOW - contemporaneous description. CALIFORNIA DOES NOT HAVE THIS EXCEPTION!
What is Present Sense Impression?
FRE 803(1) allows statements describing or explaining events made while or immediately after perceiving them.
Requirements
| Element | Requirement |
|---|---|
| Describes/Explains | Must describe what perceived |
| Event or Condition | Any event (not startling) |
| Contemporaneous | During OR immediately after |
Timing
| Timeframe | Admissible? |
|---|---|
| During event | Yes |
| Seconds after | Yes |
| Minutes after | Probably |
| Hours after | No |
IMPORTANT: California Distinction
California does NOT have present sense impression exception! Must use:
- Spontaneous statement (1240) - requires startling event
- Contemporaneous statement (1241) - very narrow
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Related Terms
Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible under FRE 801(c) and California Evidence Code Section 1200 because the declarant cannot be cross-examined.
Excited Utterance Exception
An excited utterance is a hearsay exception under FRE 803(2) for a statement relating to a startling event, made while declarant was under stress of excitement, admissible because excitement eliminates opportunity for fabrication.
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