Section 19-16-7 - (Rule 803(3)) Statement as to declarant's physical or mental condition--Whenadmissible. - South Dakota Statutes

19-16-7. (Rule 803(3)) Statement as to declarant's physical or mental condition--When admissible. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, is not excluded by § 19-16-4, even though the declarant is available as a witness, but a statement of memory or belief to prove the fact remembered or believed is excluded unless it relates to the execution, revocation, identification, or terms of declarant's will.

Source: Supreme Court Rule 78-2, Rule 803 (3).