The exception admits statements relating to a startling event made while the declarant was under its stress. Availability of the declarant is immaterial, and the rationale is that excitement suppresses fabrication.
The time interval is a factor rather than a rule.
Alternative Names:
Excited Utterance Exception|Rule 803(2)
Why it Matters?
The interval between event and statement is assessed contextually rather than by a fixed period, and courts have admitted statements made hours later where the declarant remained under continuing stress. Evidence that the declarant had calmed, engaged in unrelated activity, or responded to questioning weakens the foundation. Statements at accident scenes and to responding personnel are the recurring application.
Frequently Confused with
Related terms
Frequently asked questions
Is there a fixed time limit?
What weakens the foundation?
