An excited utterance is a statement about a startling event made while the speaker is still under the stress of that event.
It is commonly discussed as a hearsay exception because the circumstances may make the statement reliable enough to be considered by the court.
Why excited utterances matter
Hearsay rules generally limit out-of-court statements offered for their truth. The excited utterance exception can allow some statements when the speaker had little time to fabricate because the event was still affecting them.
The issue often matters when a key statement was made outside the courtroom and the party offering it wants the judge or jury to consider it.
Where excited utterance appears
Excited utterance arguments appear in criminal cases, injury cases, domestic violence cases, emergency calls, accident reports, and witness testimony.
Courts often examine timing, the startling nature of the event, the speaker’s condition, and whether the statement relates to the event.
How it differs from nearby terms
An excited utterance focuses on stress or excitement caused by a startling event. A present sense impression focuses on a statement describing an event while it is happening or immediately after.
Both are hearsay exceptions, but they rely on different reasons for potential reliability.
Practical example
Immediately after a car crash, a visibly shaken passenger says, “The red truck ran the light.” A party may argue the statement is an excited utterance if it was made while the passenger was still under the stress of the crash.
Related Terms
Quick check
Question: What makes an excited utterance different from ordinary hearsay?
Answer: It is made about a startling event while the speaker is still under the stress of that event.