Section 19-16-7 - (Rule 803(3)) Statement as to declarant's physical or mental condition--Whenadmissible. - South-dakota Statutes

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19-16-7. (Rule 803(3)) Statement as to declarant's physical or mental condition--When admissible. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, is not excluded by § 19-16-4, even though the declarant is available as a witness, but a statement of memory or belief to prove the fact remembered or believed is excluded unless it relates to the execution, revocation, identification, or terms of declarant's will.

Source: Supreme Court Rule 78-2, Rule 803 (3).

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-7

19-16-7. (Rule 803(3)) Statement as to declarant's physical or mental condition--When admissible. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, is not excluded by § 19-16-4, even though the declarant is available as a witness, but a statement of memory or belief to prove the fact remembered or believed is excluded unless it relates to the execution, revocation, identification, or terms of declarant's will.

Source: Supreme Court Rule 78-2, Rule 803 (3).

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-7

19-16-7. (Rule 803(3)) Statement as to declarant's physical or mental condition--When admissible. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, is not excluded by § 19-16-4, even though the declarant is available as a witness, but a statement of memory or belief to prove the fact remembered or believed is excluded unless it relates to the execution, revocation, identification, or terms of declarant's will.

Source: Supreme Court Rule 78-2, Rule 803 (3).