Burdens of proof and persuasion in trials and in pretrial proceedings in civil and criminal cases

Fed. R. Evid. 803(2) ("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.").A statement falls within the hearsay exception created by Federal Rule of Evidence 803(2) or a comparable State rule for excited utterances, only if the declarant (the maker of the statement) was under the stress of the startling event or condition when he or she made the statement that relates to that startling event or condition.

United States v. Anderson, 303 F.3d 847, 859 (7th Cir. 2002) (upholding trial court's admission of testimony about witnesses' statements to law enforcement officers which identified defendant as their drug supplier....A prior statement of a witness is exempt from the prohibition against hearsay evidence if the prior statement is consistent with the witness' testimony at the trial or hearing at which the prior statement is offered, the prior statement is offered to rebut a express or implied charge of recent fabrication or motive, and the witness who made the prior statement testifies and is subject to cross-examination at the trial or hearing at which the prior statement is offered.

United States v. Garnett, 122 F.3d 1016, 1018-1019 (11th Cir. 1997) (upholding trial court's admission of a lab report prepared by Lee Ellis of the F.D.A. Forensic Chemistry Center as a business record because the proper....Document must have been prepared in the normal course of business.