Excited Utterance Exception
An excited utterance is a hearsay exception under FRE 803(2) for a statement relating to a startling event, made while declarant was under stress of excitement, admissible because excitement eliminates opportunity for fabrication.
Exam Tip
STRESS - Startling event, Time flexible, Relates to event, Excitement persisting, Statement while under stress.
What is the Excited Utterance Exception?
Excited utterance exception (FRE 803(2)) allows statements relating to startling events made while under stress of excitement.
Requirements
| Element | Requirement |
|---|---|
| Startling Event | Sufficiently startling |
| Under Stress | Still under excitement's influence |
| Relates to Event | Relates to startling event |
Timing
No strict time limit - depends on whether stress continues. Courts have allowed hours in some cases.
Excited Utterance vs. Present Sense
| Factor | Excited Utterance | Present Sense |
|---|---|---|
| Event | Must be startling | Any event |
| Timing | While under stress | During or immediately after |
| Content | Relates to event | Describes event |
California
Evidence Code 1240: spontaneous statement under stress of excitement.
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Related Terms
Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible under FRE 801(c) and California Evidence Code Section 1200 because the declarant cannot be cross-examined.
Present Sense Impression
A present sense impression is a hearsay exception under FRE 803(1) for a statement describing an event made while or immediately after the declarant perceived it.
Dying Declaration
A dying declaration is a hearsay exception under FRE 804(b)(2) for a statement by declarant who believed death imminent, concerning cause or circumstances of impending death, admissible in homicide prosecutions and civil cases when declarant unavailable.