Excited Utterance Exception

The excited utterance is a hearsay exception under Federal Rule of Evidence 803(2) that permits the admission of a statement relating to a startling event or condition, made while the declarant was under the stress of excitement caused by that event or condition. Unlike some hearsay exceptions, the excited utterance does not require the declarant to be unavailable — it is admissible regardless of the declarant's availability to testify.

The rationale for the exception is that the stress and excitement of a startling event temporarily suspends the declarant's capacity for reflection and fabrication. A person overwhelmed by the shock of an event is unlikely to have the presence of mind to construct a false narrative. The statement is therefore considered to carry inherent guarantees of trustworthiness that overcome the general prohibition on hearsay.

Three requirements must be met. First, there must be a startling event or condition. Second, the statement must be made while the declarant is still under the stress of excitement caused by the event — before the declarant has had time to reflect, deliberate, or fabricate. Third, the statement must relate to the startling event. Courts consider the time elapsed between the event and the statement, the nature and severity of the event, the declarant's physical and emotional condition, and whether the statement was made in response to questioning. There is no fixed time limit; statements made hours after an event may qualify if the declarant remained in a state of continuous excitement.

The excited utterance exception overlaps with but is distinct from the present sense impression exception (Rule 803(1)), which admits statements describing an event made while the declarant was perceiving it or immediately thereafter. The present sense impression has a stricter contemporaneity requirement but does not require a startling event, while the excited utterance allows a longer time gap if the stress continues.