Which rule describes statements of the declarant's then existing state of mind or physical condition and excludes memory or belief to prove memory?

• A. Statements of the declarant's then existing state of mind or physical condition
• B. Records of a Regular Conducted Activity
• C. Hearsay Within Hearsay
• D. Medical Diagnosis Statements

Answer: (A)

The main idea here is the hearsay rule exception for a declarant’s present condition. This rule allows a statement about what a person is actually feeling, thinking, or experiencing at that moment—like being afraid, happy, in pain, or dizzy—to be admitted to prove that state at that time. It focuses on the declarant’s then-existing mental state or physical condition, not on what they remember or believe about past events. That’s why it’s allowed to prove what they were feeling or experiencing then, rather than their memory or beliefs about the past.

For example, if someone says, “I am scared,” at the time of the incident, that statement can be used to show they were scared then. But statements about what they remember or believe (like “I remember seeing the driver speed away”) are not about a present condition and aren’t used to prove memory.

Other options describe different rules (like business records, hearsay within hearsay, or medical diagnosis statements) and don’t capture the idea of admitting a declarant’s then-existing state of mind or physical condition to prove that state.