excited utterance

excited utterance
ex·cit·ed ut·ter·ance n: 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 see also res gestae; spontaneous declaration at declaration compare dying declaration at declaration
◇ Excited utterances are an exception to the hearsay rule. They may be admitted as evidence even if the declarant is available as a witness.

Merriam-Webster’s Dictionary of Law. . 1996.

excited utterance
An exception to the hearsay rule that finds an out-of-court statement to be inherently reliable if it is made about a startling event while the person making the statement is experiencing that event.
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Nolo’s Plain-English Law Dictionary. . 2009.

excited utterance
n. An exclamation made at the moment of an accident or other unexpected and disturbing event, considered under the rules of evidence to be likely to be truthful because of the urgency of the surrounding circumstances and, therefore, an exception to the hearsay rule.
See also hearsay.

Webster's New World Law Dictionary. . 2000.

Look at other dictionaries:

  • Excited utterance — 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. The statement must be spontaneously made by the person (the declarant) while still under the stress of… …   Wikipedia

  • excited utterance — In evidence, a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. It is an exception to the hearsay rule. Fed.Evid. Rule 803(2); State v. Emery, 4… …   Black's law dictionary

  • utterance — See excited utterance spontaneous declarations …   Black's law dictionary

  • declaration — dec·la·ra·tion n 1: the act of declaring declaration of dividends declaration of war 2 a: the first pleading in a common law action compare complaint …   Law dictionary

  • Hearsay in United States law — Hearsay is the legal term that describes statements made outside of court or other judicial proceedings. Unless one of about thirty [cite web |title= Hearsay Evidence |url=http://criminal.findlaw.com/crimes/more criminal topics/evidence… …   Wikipedia

  • res gestae — res ges·tae / rās ges ˌtī, rēz jes ˌtē/ n pl [Latin, things done, deeds] 1: the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that… …   Law dictionary

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  • verbal — Strictly, of or pertaining to words; expressed in words, whether spoken or written, but commonly in spoken words; hence, by confusion, spoken; oral. Parol; by word of mouth; as, verbal agreement, verbal evidence; or written, but not signed, or… …   Black's law dictionary

  • cry — v. & n. v. (cries, cried) 1 intr. (often foll. by out) make a loud or shrill sound, esp. to express pain, grief, etc., or to appeal for help. 2 a intr. shed tears; weep. b tr. shed (tears). 3 tr. (often foll. by out) say or exclaim loudly or… …   Useful english dictionary

  • exclaiming — noun an abrupt excited utterance (Freq. 1) she gave an exclamation of delight there was much exclaiming over it • Syn: ↑exclamation • Derivationally related forms: ↑exclaim, ↑exclaim ( …   Useful english dictionary

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