Which hearsay exception requires the declarant to make a statement regarding their present bodily condition?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

The hearsay exception that specifically requires a declarant to make a statement regarding their present bodily condition is the Declaration of Physical Condition. This exception allows for statements made by a person about their current physical state, which can include information about injuries or illnesses they are experiencing at the moment the statement is made. The rationale behind this exception is that statements made about one's own bodily condition are generally considered reliable because they are made in the present and based on the declarant's firsthand knowledge.

Present sense impression and excited utterance are also hearsay exceptions related to timing and spontaneity but do not specifically focus on statements about physical condition. Business records pertain to documents created within a business context, reflecting routine matters, and are not directly related to a declarant's physical state. Therefore, the distinction lies in the focus of the statement; since the correct answer directly addresses the present bodily condition of the declarant, it aptly fits the criteria of this hearsay exception.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy