Federal Rule of Evidence 803(3) or a comparable State rule creates a hearsay exception for a statement by a declarant setting forth the declarant's perception of the declarant's internal state (including mental states, bodily conditions, feelings, motives, designs, and intentions) at the time the declarant makes the statement.

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:

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(3) Then-Existing Mental, Emotional, or Physical Condition.

A statement of the declarant’s then-existing
 state of mind (such as motive, intent, or plan) or
 emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health),


but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.