Legal Definitions - excited utterance

An excited utterance is a statement made by someone who has just experienced a shocking or startling event. This statement is made while the person is still under the stress of the event and is considered an exception to the hearsay rule in the Federal Rules of Evidence.

In order for a statement to be considered an excited utterance, it must meet certain criteria:

• The statement must be made while the person is still under stress from the event.
• The statement must not breach the Sixth Amendment rights of the defendant.
• The statement must not be considered testimonial.

Statements made soon after the event are more likely to be considered excited utterances, as the person has not had time to contemplate or fabricate their statement. Physical appearances of stress and an unsettled voice may also help determine if a person was still under stress from the event.

However, if the statement is considered testimonial, it may not be admissible in court. Testimonial statements are those that attempt to recall the details of the event and may breach the confrontation clause of the Sixth Amendment.

After witnessing a car accident, a bystander immediately says, "Oh my God, that was so scary! The red car came out of nowhere and hit the blue car!" This statement would be considered an excited utterance because it was made while the person was still under stress from the event and was not made with the intention of providing evidence in court.