Thursday, November 10, 2005

Texas Rules of Evidence 803. Hearsay Exceptions: Availability of Declarant Immaterial

(1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.

Compare with Fed.Evid.R 803(1) (reading verbatim).

Here is an example of this in action. Note that the declarant is exempted but the commentators' statements would probably be hearsay.
"Too late or still too soon too soon to make lots of bad love and there's no time for sorrow. Run around, run around with a hole in your head 'til tomorrow."
-----They Might Be Giants