(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. (3) Then-Existing Mental, Emotional, or Physical …

An excited utterance, in the law of evidence, is a statement made by a person in response to a startling or shocking event or condition. It is an unplanned reaction to a "startling event".

May 22, 2025 · An excited utterance is a spontaneous out-of-court statement which related to a startling event and which is made while the declarant is under the stress or excitement caused by the event.

Feb 1, 2025 · “When the Commonwealth in a criminal case seeks to admit the excited utterance of a declarant who is not a witness at trial or has completed his testimony at trial, the judge should …

A Spontaneous Reaction to a Shocking Event: An excited utterance is a statement made about a startling event while the speaker is still under the stress of that event, making it a recognized …

The meaning of EXCITED UTTERANCE is a statement that concerns a startling event (as a physical assault) and that is made by a person while under stress caused by the event.

Comment from F.R.E. 803(2) nsofar as it requires independent corr than the exception for a present sense impression, because it requires an event or condition that is startling. However, it is broader in …

Excited utterances are statements made under emotional stress related to a startling event. They can be admitted as evidence despite being out-of-court statements.

“ ‘Excited utterances’ are the product of the declarant’s exposure to a startling or upsetting event that is sufficiently powerful to render the observer’s normal reflective processes inoperative.

Dec 1, 2023 · When the state seeks to introduce a statement as an excited utterance, the prosecutor should elicit information from the testifying witness to support the argument that the declarant was …