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present sense impression

Under Federal Rule of Evidence 803(1), a present sense impression is a statement that describes or explains an event or condition made while the declarant was perceiving it or immediately afterward.

A present sense impression is admissible as an exception to the hearsay rule , regardless of whether the declarant is available to testify . The exception rests on the premise that statements made contemporaneously with an event are inherently reliable because there is little opportunity for reflection, distortion, or fabrication. For example, a witness may testify, “I remember that my friend said, ‘The blue car is speeding past us.’” The friend’s statement may qualify as a present sense impression and be admitted even if that friend is available to testify.

[Last reviewed in October of 2025 by the Wex Definitions Team
] 

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