Which exception covers a statement of the declarant's then-existing state of mind, or emotional, sensory, or physical condition, 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?

• A. Then-Existing Mental, Emotional, or Physical Condition
• B. Records of a Regularly Conducted Activity
• C. Public Records
• D. Statement Made for Medical Diagnosis or Treatment

Answer: (A)

The rule being tested is that a statement by the declarant about their then-existing mental, emotional, or physical state is an exception to the hearsay rule. This allows evidence of what the declarant was feeling or experiencing at the time of speaking (for example, "I'm nervous about this test") to be admitted to prove that state of mind or emotion. A key limit is that statements of memory or belief offered to prove the truth of the matter remembered or believed are not admissible, unless they relate to the validity or terms of the declarant's will. That makes sense here: the question focuses on a statement of present state, not on recounting past events or beliefs to prove what happened, except for a narrow will-related context. The other options point to different rules—records of regular conduct, public records, or statements for medical diagnosis or treatment—which govern other types of evidence and do not address the declarant’s then-existing state of mind.