Search Site
Menu

Statements of Intent

In Mutual Life Insurance Company v. Hillmon, the Supreme Court rendered a famous and controversial judgement concerning the admissibility of a person’s out-of-court statement. Rule 803(3) of the Federal Rules of Evidence deals with the famous Hillmon case, but it restricts its applicability. In Hillmon, the U.S. Supreme Court allowed evidence of person A’s statement of his intention to travel and, here is the controversial part, with person B. Perhaps, that was too broad an exception to the hearsay rule, which requires a judge to focus on reliable evidence. Consequently, by passing the Rule 803(3) hearsay exception, Congress restricted the use of such a statement to allow only for person A’s statement of intention as to what person A will do. That seems to make the most sense. After all, using person A’s reference to person B as evidence that the two men did actually travel together seems problematic. For example, Person B could have decided to part company with Person A immediately after the statement was made, or perhaps the two men never met to begin with and/or the statement was fabricated.

We are left with an eminently sensitive rule: a statement of a person’s own intention is admissible but not as to another person’s and, in no event, is a statement of memory or belief admissible. A statement of a memory or belief could be fabricated to cover up a crime or to get someone off the hook from civil liability. Certainly, a statement of intention can be deliberately misleading, but cross-examination may take care of that. Besides, a statement of intention is not determinative that the act actually happened; it is only an exception to the hearsay rule from which the trier of fact may infer that the intended act did take place. In other words, that statement of intention will advance the football but on its own will not get you into the endzone.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

    Read more

    Alexander Foygelman

  • google
    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

    Read more

    M Gao

  • google
    5.0/5.0

    I had the pleasure of working with Attorney Colleen Santora after I was involved in a car accident. She was very attentive, professional, and courteous throughout our entire case involvement. I appreciate everything she did to help me. She is wonderf...

    Read more

    Tracey Martin

  • google
    5.0/5.0

    I was in a terrible car accident. I was referred to Colleen by a friend. She is amazing! Answered my every call, text and fought for me. Being a hairdresser for 40yrs it was horrible trying to cut hair with a broken hand, but in the end Colleen got m...

    Read more

    Donna Russo

  • google
    5.0/5.0

    Colleen Santora is an outstanding attorney. I reached out to her after I was hit by a car as a pedestrian and she walked me through every step of the process with clarity and patience. She’s a fantastic communicator, extremely responsive and alway...

    Read more

    Cynthia Garabedian

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.