Case law summary: Rule 803(3) Hearsay Exception — Then-Existing Mental, Emotional, or Physical Condition

           Rule 803(3) of the West Virginia Rules of Evidence provides an exception to the rule against hearsay for  a statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory […] Continue reading