§ 1251 [Prior State of Mind Hearsay Exception Unavailable Declarant]
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
Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if:
(a) The declarant is unavailable as a witness; and
(b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation.
Amendment history: Enacted by Stats. 1965, Ch. 299.