The exception admits a statement describing an event made during or immediately after perception. The rationale is that contemporaneity leaves no time for reflection or fabrication.
The time requirement is stricter than for excited utterances.
Alternative Names:
Present Sense Impression Exception|Rule 803(1)
Why it Matters?
Contemporaneity is required strictly, and a gap permitting reflection defeats the exception even where the excited utterance exception might apply on the same facts. Text messages and contemporaneous notes are increasingly the vehicle, which makes timestamps the foundation evidence. Unlike excited utterances, no startling event is required, so ordinary observations qualify if made as they occurred.
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Frequently asked questions
How does this differ from an excited utterance?
What is the modern vehicle?
