present sense impression

Under Federal Rule of Evidence 803(1), a present sense impression is a statement that describes or explains an event or condition made while the declarant was perceiving it or immediately afterward.

A present sense impression is admissible as an exception to the hearsay rule, regardless of whether the declarant is available to testify. The exception rests on the premise that statements made contemporaneously with an event are inherently reliable because there is little opportunity for reflection, distortion, or fabrication. For example, a witness may testify, “I remember that my friend said, ‘The blue car is speeding past us.’” The friend’s statement may qualify as a present sense impression and be admitted even if that friend is available to testify.

[Last reviewed in October of 2025 by the Wex Definitions Team] 

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