present sense impression

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Under the Federal Rules of Evidence, a present sense impression is a statement that describes an event while it was occurring or immediately thereafter. 

The Ohio Supreme Court cited Rule 803(1) of the Federal Rules of Evidence in State v. Tibbetts stating a present sense impression is a statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. In State v. Carter the Third District Ohio Court of Appeals noted that the statement’s spontaneity is essential to its trustworthiness because the minimal lapse of time between an event and the statement gives the declarant less time to reflect on the event. However, “there is no bright-line rule as to how much time that has elapsed would lead to a statement being precluded as evidence.”

A statement that qualifies as a present sense impression is admissible as an exception to the hearsay rule.

[Last updated in December of 2023 by the Wex Definitions Team]