A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused, is best described as which exception?

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused, is best described as which exception?

• A. Present Sense Impression
• B. Then existing physical state
• C. Records of a Regularly Conducted Activity
• D. Excited Utterance

Answer: (D)

The statement is best described as an excited utterance. This hearsay exception applies when a statement about a startling event is made while the declarant is still under the emotional stress or excitement caused by that event. The idea is that the arousal from the event makes the memory fresher and less likely to be fabricated, so the statement is considered reliable enough to be admitted for its truth. Think of a witness who, right after witnessing a sudden crash, blurts out, “That car just ran the red light!” in the heat of the moment. That spontaneous, emotion-driven remark is the hallmark of an excited utterance. In contrast, present sense impression involves describing or explaining the event as it is happening or immediately after, but not necessarily while still under the emotional excitement. A statement about the declarant’s current physical state relates to their existing condition, not to recounting the startling event. Records of a regularly conducted activity involve a different hearsay exception focused on business records.

The statement is best described as an excited utterance. This hearsay exception applies when a statement about a startling event is made while the declarant is still under the emotional stress or excitement caused by that event. The idea is that the arousal from the event makes the memory fresher and less likely to be fabricated, so the statement is considered reliable enough to be admitted for its truth.

Think of a witness who, right after witnessing a sudden crash, blurts out, “That car just ran the red light!” in the heat of the moment. That spontaneous, emotion-driven remark is the hallmark of an excited utterance.

In contrast, present sense impression involves describing or explaining the event as it is happening or immediately after, but not necessarily while still under the emotional excitement. A statement about the declarant’s current physical state relates to their existing condition, not to recounting the startling event. Records of a regularly conducted activity involve a different hearsay exception focused on business records.