Trial Tactics

Present-Sense Impression and an Anonymous Declarant

Stephen A. Saltzburg

Fed. R. Evid. 803(1) provides a hearsay exception for a present-sense impression, which is defined as “[a] statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.” The issue discussed here is what foundation must be laid for the exception to apply when the declarant who made the statement is not identified.

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