California, United States of America
The following excerpt is from People v. Salinas, G053350 (Cal. App. 2018):
Under the hearsay rule, an out-of-court statement is generally inadmissible when the statement "is offered to prove the truth of the matter stated." (Evid. Code, 1200, subds. (a) & (b).) However, the hearsay rule has a number of exceptions, including a statement of a declarant's mental or physical state. (Evid. Code, 1250, subd. (a).) Therefore, a statement is not hearsay, "when: (1) The evidence is offered to prove the declarant's state of mind, emotion, or physical sensation at that time . . . ; or (2) The evidence is offered to prove or explain acts or conduct of the declarant." (Evid. Code, 1250, subd. (a).) An out-of-court statement is also not hearsay when it is being offered for not for its truth, but rather for a nonhearsay purpose (such as the effect on the person who heard the statement). (See People v. Montes (2014) 58 Cal.4th 809, 863.)
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