To apply the Excited Utterance exception, the statement must be made under what condition?

To apply the Excited Utterance exception, the statement must be made under what condition?

• A. While the declarant is in an excited state due to a startling event.
• B. After calm reflection.
• C. As an opinion about the truth of the matter.
• D. Only if the declarant is a party to the case.

Answer: (A)

The Excited Utterance exception allows a statement to come in because it is made while the declarant is still under the stress of a startling event. The key condition is that the declarant is in an excited state due to that event when the statement is uttered, making it a spontaneous, unrehearsed description of what happened. That’s why the correct choice is the one describing the declarant speaking while in an excited state caused by a startling event. If the person speaks after calming down, the necessary spontaneity is lost and the exception usually doesn’t apply. The idea that the statement is an opinion about the truth of the matter isn’t what the exception looks for, and whether the declarant is a party to the case doesn’t affect eligibility for this rule.

The Excited Utterance exception allows a statement to come in because it is made while the declarant is still under the stress of a startling event. The key condition is that the declarant is in an excited state due to that event when the statement is uttered, making it a spontaneous, unrehearsed description of what happened.

That’s why the correct choice is the one describing the declarant speaking while in an excited state caused by a startling event. If the person speaks after calming down, the necessary spontaneity is lost and the exception usually doesn’t apply. The idea that the statement is an opinion about the truth of the matter isn’t what the exception looks for, and whether the declarant is a party to the case doesn’t affect eligibility for this rule.