Hearsay exceptions: Excited utterance. Which rule?

Hearsay exceptions: Excited utterance. Which rule?

• A. Rule 803 (3)
• B. Rule 803 (4)
• C. Rule 803 (2)
• D. Rule 803 (1)

Answer: (C)

The key idea is the excited utterance exception to the hearsay rule. When someone speaks about a startling event while still under the stress of that excitement, their statement can be admitted even though it’s hearsay, because the emotional arousal at that moment tends to produce more spontaneous and trustworthy remarks. This is why it’s allowed: the excitement reduces the opportunity for conscious fabrication or reflection, so the statement is treated as close in time to the event as possible and more reliable than later, deliberated statements. It’s different from a present sense impression, which describes perception as it’s happening, and from statements about the person’s then-existing mental state, which are covered by a different rule. It’s also different from statements made for medical treatment, which have their own specific exception. So, the correct reference is the excited utterance exception—the rule that covers statements made while the declarant is still under the emotional impact of a startling event.

The key idea is the excited utterance exception to the hearsay rule. When someone speaks about a startling event while still under the stress of that excitement, their statement can be admitted even though it’s hearsay, because the emotional arousal at that moment tends to produce more spontaneous and trustworthy remarks.

This is why it’s allowed: the excitement reduces the opportunity for conscious fabrication or reflection, so the statement is treated as close in time to the event as possible and more reliable than later, deliberated statements. It’s different from a present sense impression, which describes perception as it’s happening, and from statements about the person’s then-existing mental state, which are covered by a different rule. It’s also different from statements made for medical treatment, which have their own specific exception.

So, the correct reference is the excited utterance exception—the rule that covers statements made while the declarant is still under the emotional impact of a startling event.