The excited utterance exception applies to a statement relating to a startling event or condition made while the declarant was under the stress of the excitement that it caused. Which option names this exception?

The excited utterance exception applies to a statement relating to a startling event or condition made while the declarant was under the stress of the excitement that it caused. Which option names this exception?

• A. Recorded Recollection
• B. Excited Utterance
• C. Public Records
• D. Absence of a Record of Regularly Conducted Activity

Answer: (B)

The excited utterance is a hearsay exception for statements about a startling event or condition made while the declarant is still under the stress caused by that event. The key idea is that the emotional excitement at the moment tends to prevent thoughtful fabrication, making the statement more trustworthy even though it’s not sworn testimony. For this to apply, the statement must relate to the startling event and be made while the declarant remains under the influence of the excitement it caused. In this question, the term that names this exception is excited utterance. Other options refer to different rules—recorded recollection involves refreshing memory with a written record; public records involve official government documents; absence of a record of regularly conducted activity concerns proving nonexistence of a record—so they don’t fit the scenario.

The excited utterance is a hearsay exception for statements about a startling event or condition made while the declarant is still under the stress caused by that event. The key idea is that the emotional excitement at the moment tends to prevent thoughtful fabrication, making the statement more trustworthy even though it’s not sworn testimony. For this to apply, the statement must relate to the startling event and be made while the declarant remains under the influence of the excitement it caused. In this question, the term that names this exception is excited utterance. Other options refer to different rules—recorded recollection involves refreshing memory with a written record; public records involve official government documents; absence of a record of regularly conducted activity concerns proving nonexistence of a record—so they don’t fit the scenario.