Code Section

Evidence Code - EVID

DIVISION 10. HEARSAY EVIDENCE [1200 - 1390]

  ( Division 10 enacted by Stats. 1965, Ch. 299. )
  

CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390]

  ( Chapter 2 enacted by Stats. 1965, Ch. 299. )
  

ARTICLE 5. Statements of Mental or Physical State [1250 - 1253]
  ( Article 5 enacted by Stats. 1965, Ch. 299. )

  
1251.  

Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if:

(a) The declarant is unavailable as a witness; and

(b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation.

(Enacted by Stats. 1965, Ch. 299.)