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Excited Utterance Rule In Federal Court

 

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The "
excited utterance" rule (Federal Rule of Evidence 803(2)) is a hearsay exception allowing testimony about a statement made while under the stress of excitement from a startling event. It is admissible because the stress likely prevents fabrication. The statement must relate to the event, and the declarant must be under the stress of excitement. 
Key Aspects of the Excited Utterance Rule:
  • Definition: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement caused by the event.
  • Purpose: To allow hearsay evidence that is considered reliable because it is made without time for reflection.
  • Requirements: The statement must be made while still under the influence of the event.
  • Time Factor: While often immediate, the time between the event and the statement is not always strictly limited; it depends on whether the person had time to "cool down" or fabricate a story.
  • Examples: Statements made shortly after witnessing a crime, a car accident, or experiencing a traumatic, startling event. 
Contextual Distinctions:
  • Excited Utterance vs. Present Sense Impression: An excited utterance relates to a startling event, while a present sense impression describes an event while or immediately after perceiving it.
  • Not Just for Bystanders: The statement can be made by a participant in or an observer of the event.
  • Application: Courts have admitted statements made up to 20 minutes after a shooting, while excluding others made 25 minutes after a fight, demonstrating that the focus is on the state of mind, not just the passage of time. 
A statement about a startling or exciting event made by a participant in, or a person who personally observed, the event is admissible, irrespective of whether ...
New York State Unified Court System (.gov)
According to the Federal Rules of Evidence, an excited utterance is a statement made by someone who is still under stress from a startling event. It is an excep...
LII | Legal Information Institute
Dec 1, 2023 — The excited utterance exception is a hearsay rule that allows statements made in response to a startling event or condition to be admissible. The exception is b...
NC PRO
Apr 5, 2021 — Stat. (2010). While an excited utterance need not be contemporaneous to the event, it must be made while the declarant is under the stress of the startling even...
Sammis Law Firm
Dec 9, 2024 — Rule 803(2) defines an excited utterance as a statement (1) relating to a startling event or condition made while (2) the declarant was under the stress of exci...
Robinson Law Firm
Apr 24, 2017 — The excited-utterance exception is a hearsay exception that allows statements made under the stress of excitement to be admitted into evidence. The exception is...
rhjameslaw.com
Aug 25, 2015 — The rationale for this hearsay exception is that a person who has witnessed a shocking or traumatic event tends to speak what comes spontaneously to mind, witho...
www.massachusettscriminallawyer-blog.com
Present Sense Impression: Statements made while the declarant is perceiving an event or condition are admissible. For example, if a witness says, “The car is on...
www.rulesofevidence.org
3d 238, 240 (Tex. Crim. App. 2008). While a present-sense-impression statement must be made while the declarant was perceiving the event or condition, or immedi...
San Antonio Legal Services Association
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Rule 803(2) defines an excited utterance as a statement (1) relating to a startling event or condition made while (2) the declarant was under ...
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