Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Supreme Court has amended Indiana’s rules regarding the admission of hearsay evidence, changing language in the rule governing then-existing mental, emotional or physical condition.
The court on Tuesday adopted an amendment to Indiana Rule of Evidence 803, which governs hearsay exceptions regardless of whether the declarant is available as a witness. The change applies to section 3, addressing then-existing mental, emotional or physical condition.
Specifically, the amended language would continue to allow statements of the declarant’s then-existing state of mind or condition, but not statements of memory or belief to prove the fact remembered “or believed unless it relates to the execution, revocation, identification, or terms of the declarant’s will.” The amendment strikes existing language about statements excluded from the exception.
The amended language took effect Jan. 22. All justices concurred.
Please enable JavaScript to view this content.