The successful outcome of my very first case (for the defense) was largely decided around an excited utterance.
As I was reviewing my initial chronology with the attorney who was mentoring me, I knew I had identified all the policies, standards, and preexisting conditions which contributed to the circumstances.
But as I read this particular statement by the patient, which I thought was telling, but not admissible, he explained that it was an excited utterance and would make a big difference.
Excited utterance is a legal term for a statement made by a person while under the stress of excitement caused by a startling event or condition. Excited utterances are admissible as evidence in court because they are considered to be reliable, spontaneous statements that are not likely to be fabricated.
To be considered an excited utterance, a statement must meet certain criteria:
- It must be made while the declarant is still under the stress of excitement caused by the startling event or condition.
- It must relate to the startling event or condition.
- It must be made spontaneously, without time for reflection or fabrication.
Examples of excited utterances include:
- “I just saw someone shoot my neighbor!”
- “Look out! That car is coming at us!”
- “I’m so happy to see you! I thought I’d lost you forever!”
Excited utterances are an important exception to the hearsay rule, which prohibits the use of out-of-court statements to prove the truth of their contents. This is because excited utterances are considered to be reliable sources of information, since they are made while the declarant is still under the stress of the startling event or condition and has not had time to reflect or fabricate.
Excited utterances can be used to prove a variety of facts in court, including the identity of a perpetrator, the nature of a crime, and the victim’s state of mind. They can also be used to corroborate other testimony or evidence.