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.

Contributed in 2009 by Joannes Vinarao-Pilapil
Last edited in 2009 by Peter Tillers
You've come to a rule . Check out the authorities below. When you find one you like, add it to your SpinDoc. more...
Please sign in or sign up to see the authorities.
Contribution Suggestions
vouch for authority for rule...
Extrinsic evidence of prior inconsistent statements is not barred by the partial federal codification in Federal Rule of Evidence 608(b) of the...
vouch for authority for rule...
Federal Rule of Evidence 901(b)(5) and comparable State rules allow identification of a person's voice -- they allow identification of a speaker --...
vouch for authority for rule...
A pretrial identification is exempt from the hearsay rule only if the declarant -- the person making the pretrial identification -- testifies at...