#6 · 2026-08-12 · Legal term
Present sense impression
Federal Rule of Evidence 803(1) excludes from the hearsay bar a description or explanation of an event or condition made while or immediately after the speaker perceived it. The exception does not require the stress of a startling event.
Rule to remember
Rule 803(1) permits a statement describing or explaining an event or condition made while or immediately after the declarant perceived it, regardless of declarant availability.
Key elements and checks
- The declarant perceived an event or condition.
- The statement describes or explains that event or condition.
- The statement was made contemporaneously or immediately afterward.
In the source’s words
“made while or immediately after the declarant perceived it”
Federal Rule of Evidence 803(1)
Timing and first-hand perception matter; Rule 803(2) instead turns on a startling event and continuing stress. Other admissibility objections may still apply.