What is the excited utterance exception?

What is the excited utterance exception?

• A. A statement about a startling event made under the stress of excitement caused by the event
• B. A statement describing events as they occur
• C. A statement of the declarant’s then-existing state of mind
• D. Medical treatment or diagnosis statements

Answer: (A)

The excited utterance exception allows admission of a statement about a startling event if it is made while the declarant is still under the stress or excitement caused by that event. This spontaneity is trusted because the emotional turmoil reduces the likelihood of deliberate fabrication or embellishment, so the statement tends to reflect the declarant’s perception of what happened rather than a calculated account. For it to apply, the statement should relate to the event or its circumstances and be made soon after the event while the excitement is still present. This differs from statements describing events as they occur, which is a different rule focused on present sense impressions; a statement of the declarant’s then-existing state of mind reflects a mental state rather than the factual details of the event; and medical treatment or diagnosis statements fall under their own medical-treatment exception.

The excited utterance exception allows admission of a statement about a startling event if it is made while the declarant is still under the stress or excitement caused by that event. This spontaneity is trusted because the emotional turmoil reduces the likelihood of deliberate fabrication or embellishment, so the statement tends to reflect the declarant’s perception of what happened rather than a calculated account. For it to apply, the statement should relate to the event or its circumstances and be made soon after the event while the excitement is still present. This differs from statements describing events as they occur, which is a different rule focused on present sense impressions; a statement of the declarant’s then-existing state of mind reflects a mental state rather than the factual details of the event; and medical treatment or diagnosis statements fall under their own medical-treatment exception.