Declaration of State of Mind Law and Legal Definition
Declaration of state of mind refers to an out of court statement of a person concerning his/ her state of mind. Usually, courts allow the admission of declaration of state of mind when state of mind itself is an issue. It is an exception to hearsay evidence. The purpose of admitting such a declaration is to prove that the intention of the declarant was actually carried out. [State v. Doze, 384 So. 2d 351 (La. 1980)]
“The intent or state of mind of the parties is relevant to the formation of a contract. Thus, declarations as to defendant's intent to contract or state of mind would be relevant to the issues before the court. Where the state of mind of a person at a particular time is relevant to a material issue in the case, his declarations made at a time when no motive to misrepresent existed are admissible as proof of that issue, even when not made in the presence of the adverse party." [Hackett v. Ashley, 71 Ill. App. 3d 179, 186-187 (Ill. App. Ct. 1979)]
Legal Definition list
- Declaration of Philadelphia
- Declaration of Pain
- Declaration of Non-Parentage
- Declaration of Mailing
- Declaration of Legitimacy
- Declaration of State of Mind
- Declaration of Taking Act
- Declaration of the Rights of the Child
- Declaration of Trust
- Declaration of Trust [International Law]
- Declaration of Unlawful Presence