Meta Description: A simple guide to the Excited Utterance exception to the Hearsay Rule under the Federal Rules of Evidence. Learn the three core requirements, the concept of a ‘startling event,’ and how the Confrontation Clause limits admissibility in criminal trials.
In a legal proceeding, evidence is meticulously scrutinized before it can be presented to a judge or jury. One of the biggest hurdles for certain statements is the Hearsay Rule, which generally prohibits out-of-court statements offered to prove the truth of the matter asserted. However, the law recognizes that some statements, due to the circumstances of their making, possess a high degree of inherent reliability. This is where the powerful and often-litigated exception known as the Excited Utterance comes into play.
Understanding this rule is critical, as it can be the difference between a key piece of evidence being admitted or excluded from a Trial or Hearing. It applies to both Criminal and Civil cases, allowing spontaneous, shock-induced statements to serve as evidence.
Codified in the Federal Rules of Evidence (FRE) Rule 803(2), an Excited Utterance is defined as a statement that relates to a Startling Event or condition, made while the declarant (the person who made the statement) was still under the Stress of Excitement that the event caused.
The logic behind admitting these statements rests on psychology: a person who is severely shocked or startled doesn’t have the time or presence of mind to invent a lie. The overwhelming stress of the incident temporarily “stills the capacity of reflection” and fabrication, making the resulting statement a spontaneous reaction that is presumed truthful.
To successfully argue for the admission of a statement as an Excited Utterance, a party must typically demonstrate three crucial elements:
Unlike the Present Sense Impression exception (which must be made during or immediately after the event), the Excited Utterance has a broader time allowance. The focus is not strictly on how much time passed, but on whether the Stress of Excitement still dominated the declarant’s mind. Statements made minutes, or in rare cases, even hours later, can qualify if the person remained continuously distraught and reflective thought was suspended.
The determination of whether a statement is truly spontaneous hinges on the specific circumstances of the case. Factors a court will consider include the nature of the startling event, the declarant’s age, physical appearance (e.g., crying, shock, out of breath), and intervening activities that might have allowed for reflection.
| Factor | Indication of Stress/Excitement (Admissible) | Indication of Reflection (Inadmissible) |
|---|---|---|
| Time Lapse | Made immediately or shortly after the event. | Long enough for contemplation and formulating a purposeful statement. |
| Declarant’s State | Visibly distraught, crying, unsettled voice. | Appears calm, composed, or giving a detailed, organized narrative. |
| Response Type | Unprompted exclamation or a simple response to an immediate question like “What happened?”. | A detailed, structured narrative given in response to sustained questioning about the past event. |
The fact that a statement is made in response to a question—even from a police officer—does not automatically disqualify it. The critical assessment is whether the declarant’s state of excitement was still the driving force behind the statement, overriding the capacity for reflection. For instance, a victim’s shout right after an assault, even if in response to an officer’s first question, is likely an Excited Utterance. In contrast, a detailed interview hours later, after the excitement has subsided, would almost certainly be excluded.
In Criminal prosecutions, admitting an Excited Utterance is a two-part test. First, it must satisfy the hearsay exception (Rule 803(2)). Second, and equally important, it must not violate the defendant’s rights under the Sixth Amendment’s Confrontation Clause.
The Confrontation Clause states that a criminal defendant has the right to confront (cross-examine) the witnesses against them. An out-of-court statement (like an Excited Utterance) is inadmissible if all three conditions are met:
A statement is non-testimonial (and generally admissible) when made during an ongoing emergency, primarily to help responders resolve the present situation. A classic example is a 911 call where the victim is actively seeking aid against a current threat. A statement is likely testimonial (and generally inadmissible) when the emergency has ended, and the purpose of the questioning or statement is to establish or prove past events for later investigation or prosecution—effectively, serving as a substitute for courtroom testimony.
The Excited Utterance exception is a pillar of evidence law, rooted in the idea that shock prevents deceit. However, its application is nuanced and heavily dependent on a careful, case-by-case analysis of the declarant’s state of mind at the time the statement was made.
The doctrine of Excited Utterance is a legal acknowledgment that intense emotional shock can be a more powerful guarantor of truth than the promise of an oath. While not a guarantee for admissibility—especially when constitutional concerns like the Confrontation Clause are involved—it remains a vital evidentiary tool used to bring authentic, instantaneous accounts of startling events before the trier of fact.
A: A Present Sense Impression (FRE 803(1)) must be made *while* or *immediately after* the declarant perceives the event, and is usually a description or explanation. An Excited Utterance (FRE 803(2)) must be made while under the Stress of Excitement from a Startling Event, which allows for a longer time lapse, provided the shock still dominates the mind.
A: No. The rule against hearsay states that this exception applies “regardless of whether the declarant is available as a witness”. However, as noted, in a criminal case, if the statement is considered testimonial and the declarant is unavailable, the Confrontation Clause may block its admission.
A: Yes, it can, as long as the statement was made while the declarant was still under the Stress of Excitement and not the result of reflection. The key is the spontaneity and state of mind, not simply the presence of a question.
A: No, there is no fixed, definite time limit. While statements made immediately after the event are strongest, the court must assess the specific facts to determine if the nervous excitement was continuous and the reflective processes were still inactive.
Note from the AI: This content is generated by an artificial intelligence based on publicly available legal information (Federal Rules of Evidence 803(2) and related case law) and is for educational and informational purposes only. It does not constitute legal advice. Rules of evidence can vary by jurisdiction. You should always consult with a qualified Legal Expert licensed in your state or country for advice on your specific legal situation.
For those involved in litigation, the admissibility of an Excited Utterance can turn on minute details of the declarant’s emotional and physical state. Careful investigation and presentation are essential to leverage this powerful exception to the Hearsay Rule.
Excited Utterance, Hearsay Rule, Federal Rules of Evidence 803(2), Startling Event, Stress of Excitement, Spontaneity, Testimonial Statement, Confrontation Clause, Hearsay, Evidence, Criminal, Assault, Theft, Trials & Hearings, Court Rules, Admissibility, Declarant, Present Sense Impression
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