Statements Of Mental Or Physical State - Exceptions To The Hearsay Rule - Evidence - CA

Section § 1250

This law says that normally inadmissible hearsay statements can actually be used in court if they show what someone was thinking, feeling, or experiencing physically at a specific time. For example, it might involve their plans, intentions, emotions, pain, or health. This is allowed when such mental or physical states are important to a case, or to explain their actions. However, statements about memories or beliefs can't be used to prove the facts they're about.

(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.

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Section § 1251

This law says that under certain conditions, a person's previous statements about their thoughts or feelings can still be used in court even if they aren't there to testify. Specifically, if the person's mental or emotional state is a key issue in the case, and the person can't be a witness, their past statements about how they felt or what they planned can be admitted as evidence.

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.

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Section § 1252

This law says that if a statement was made in a situation that makes it seem unreliable or untrustworthy, it cannot be used as evidence in court.

Evidence of a statement is inadmissible under this article if the statement was made under circumstances such as to indicate its lack of trustworthiness.

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Section § 1253

This law section says that certain statements aren't considered hearsay and can be used as evidence if they were made for medical diagnosis or treatment. The statements need to describe the medical history, symptoms, or cause of the condition and must come from minors under 12 at the time when describing child abuse or neglect they experienced. Specifically, it applies to cases involving child abuse or neglect as defined in other legal sections. It only pertains to statements relating to child abuse or neglect committed against them.

Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies only to a statement made by a victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age of 12 describing any act, or attempted act, of child abuse or neglect. “Child abuse” and “child neglect,” for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. In addition, “child abuse” means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor.

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