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HomeEvidence CodeDiv. 10Ch. 2Art. 5§ 1250 State Of Mind Evidence

§ 1250 State Of Mind Evidence

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1250 State Of Mind Evidence

Key Takeaways

  • •If someone says how they feel or what they plan to do, it can be used in court to show their state of mind or why they did something.
  • •This only works if the person’s feelings or plans are important to the case.
  • •You can’t use this rule to prove something is true just because someone said they remember or believe it.

Example

A person texts their friend, 'I’m so mad at my boss, I could scream!' and later quits their job in a dramatic way.

The text can be used in court to show the person was really upset at their boss, which might explain why they quit suddenly.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1250 State Of Mind Evidence

(a) Subject to Section 1252, evidence of a statement of the declarant’s then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: (1) The evidence is offered to prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or (2) The evidence is offered to prove or explain acts or conduct of the declarant. (b) This section does not make admissible evidence of a statement of memory or belief to prove the fact remembered or believed. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

then existing state of mindemotionphysical sensationstatement of intenthearsay rulestatement of memory or belief

Related Statutes

  • § 1251 Declarant'S State Of Mind
  • § 1253 Minor Victim Abuse Statements
  • § 1220 Admissions Against Party
  • § 1221 Adopted Statement Exception
  • § 1222 Authorized Party Statements Admissible

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1250.
View Official Source