Federal Rule of Evidence 803(2) or a comparable State rule creates a hearsay exception for an utterance that relates to a startling event or condition and is made while the declarant -- the maker of the statement -- is excited as a result of the starling event or condition.

If Congress makes no changes, the following restyled Federal Rule of Evidence will go into effect on December 1, 2011:

Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

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(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.