§ 1250 [Then-Existing State of Mind Hearsay Exception]
Division 10: Hearsay Evidence | Chapter 2: Exceptions to the Hearsay Rule | Article 5: Statements of Mental or Physical State
Section titles shown in [brackets] are editorial additions for navigation purposes and are not part of the official statute.
Rule Text
(a) Subject to Section 1252, evidence of a statement of the declarant’s then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when:
(1) The evidence is offered to prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or
(2) The evidence is offered to prove or explain acts or conduct of the declarant.
(b) This section does not make admissible evidence of a statement of memory or belief to prove the fact remembered or believed.
Amendment history: Enacted by Stats. 1965, Ch. 299.