Federal Rule of Evidence 803(1) and comparable State rules create a hearsay exception for a statement setting forth the declarant's perception of an event or condition at the time the declarant makes the statement or immediately thereafter.

If Congress makes no changes, the following restyled Federal Rule of Evidence will go into effect on December 1, 2011:

Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:


(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.