Despite a kind of dramatic sound to the words “excited utterance,” most folks do not get stirred up by the term. Even many lawyers may give the expression a ho-hum though they may recall it is a legal term of art. However, for serious litigators the words “excited utterance” should trigger sober thoughts about the law of evidence and, specifically, about an important exception to the hearsay exclusionary rule.
Normally hearsay evidence is not admissible if offered to prove the truth of the matter asserted. However, over years, the common law has developed certain recognized exceptions which, because they assure a comfortable measure of trustworthiness as to the statement’s truthfulness, permit the hearsay statement to be admitted. The Federal Rules of Evidence have codified these exceptions in some 23 enumerated categories as subsections within Rule 803. The “excited utterance” exception is number (2) and is defined as follows: “A statement relating to a startling event or condition made while the declarant was under the stress or excitement caused by the event or condition.” Many states have adopted the same or similar rules in their evidence codes.
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