Legal Definitions - excited utterance

An excited utterance is a statement made by someone immediately after experiencing or witnessing a shocking or startling event, while they are still under the emotional stress or excitement of that event. It is considered a special exception to the general rule against hearsay in legal proceedings.

In simple terms, hearsay refers to an out-of-court statement offered in court to prove the truth of whatever it asserts. Generally, hearsay is not allowed as evidence because the person who made the statement isn't in court to be cross-examined. However, an excited utterance is often allowed because the law presumes that someone speaking under the immediate shock and stress of a startling event is unlikely to have had time to invent a lie or misrepresent the facts. Their statement is seen as a spontaneous reaction, making it more likely to be truthful.

For a statement to qualify as an excited utterance, two main conditions must be met:

• There must have been a startling event or condition.
• The statement must have been made while the person was still under the stress or excitement caused by that event. The timing is crucial; the statement must be a spontaneous reaction, not a thoughtful recounting after the fact.

Additionally, the statement must not violate a defendant's Sixth Amendment right to confront witnesses against them. This generally means that if the statement was made primarily to gather information for a potential prosecution (a "testimonial" statement) and the person who made it is not available for cross-examination, it might not be admissible.

Here are some examples illustrating an excited utterance:

• Example 1: Witnessing a Car Accident

  Imagine a pedestrian standing at a crosswalk who sees two cars collide violently. Immediately after the crash, before emergency services arrive, the pedestrian exclaims to another bystander, "Oh my goodness, the red car just ran that stop sign!"

  How it illustrates the term: The car collision is a startling event. The pedestrian's exclamation is made immediately, while they are still under the shock and stress of witnessing the accident. It's a spontaneous reaction, not a calculated statement, making it likely to be considered an excited utterance and potentially admissible in court despite being an out-of-court statement.

• Example 2: Discovering a Burglary

  A homeowner returns home to find their front door kicked in and their house ransacked. Upon seeing the damage, they immediately call a neighbor, shouting into the phone, "Someone broke into my house! Everything's a mess!"

  How it illustrates the term: Discovering one's home has been burglarized is a highly startling and stressful event. The homeowner's agitated statement to the neighbor is made in the immediate aftermath, while they are still experiencing the shock and distress of the discovery. This spontaneous outburst, reflecting their emotional state, would likely qualify as an excited utterance.

• Example 3: Workplace Incident

  During a manufacturing process, a machine suddenly malfunctions, causing sparks to fly and a loud bang. An employee working nearby immediately yells to a supervisor across the floor, "The conveyor belt just jammed and exploded!"

  How it illustrates the term: The sudden machine malfunction, sparks, and loud noise constitute a startling event in the workplace. The employee's immediate shout to the supervisor is a direct, spontaneous reaction made while still under the stress and surprise of the incident, before they have had time to calmly process or fabricate details. This would be a strong candidate for an excited utterance.