Exceptions to the hearsay rule (Availability Immaterial) AVAILABILITY IMMATERIAL—PRESENT SENSE IMPRESSION (FRE 803(1))

Question 1

FRE 803: Hearsay Exceptions; Availability of Declarant Immaterial

Answer 1

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

				(1) Present Sense Impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.

Question 2

FRE 803: Hearsay Exceptions; Availability of Declarant Immaterial

A. Present Sense Impression Generally

Answer 2

1. “Present Sense Impression” is really about “perception”—refers to becoming aware through perceiving, and
   can be perception through eyes, ears, touch, smell, taste…
2. Why Considered Trustworthy:

    a. Immediacy removes the risk of lack of memory, or at least reduces it to a negligible possibility
   
   b. Immediately precludes time for reflection, reducing the possibility of intentional deception

Question 3

FRE 803: Hearsay Exceptions; Availability of Declarant Immaterial

B. Requirements for the Admissibilty of Present Sense Impression

Answer 3

1. Statement Must be Contemporaneous with the Event or Condition (while perceiving the event or immediately
   thereafter)
2. The Speaker must have Perceived the Event or Condition
3. The Statement Must Describe the Event or Condition

Question 4

Cestero v. Ferrara

Answer 4