Declarations of Bodily Feelings and Conditions

Declarations of bodily feelings and conditions are admissible as evidence to show that the declarant was in the state that was described at the time it was described. The statement cannot be admitted to prove the cause for the bodily feeling or condition. For such a statement to be admitted under this exception to the hearsay rule, the Court must be satisfied that the declarant is unable to testify because they are deceased or otherwise incapable of providing testimony. The statement must have also been made at the same time the bodily feeling or condition existed.

Example

Person A is sexually assaulted at a party on her college campus after being drugged. After waking up naked in a strange dorm room, she panics and runs home. Person A’s roommate person B is at home when person A returns. Person B asks what happened. Person A describes feeling pain in various parts of her body. She also describes feeling out of it and dizzy, suspecting she was drugged. Person A’s attacker is subsequently arrested but she dies before his trial. Her statements to person B may be admitted under this exception to demonstrate her bodily condition upon returning home on the night of the alleged attack.