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Excited Utterance
An excited utterance is a statement made spontaneously during or immediately after a startling event, before the person has time to think or fabricate.
What it actually is
It is a hearsay exception that allows a witness to repeat what someone else said in the heat of the moment, because the stress of the event makes the statement more trustworthy. In a case, it typically appears when a party seeks to introduce a victim's or bystander's immediate reaction to an accident, crime, or other shocking occurrence. The court must determine whether the statement was truly made while the declarant was still under the influence of the excitement.
Why it matters in your case
This matters because it lets in evidence that would otherwise be excluded as hearsay, which can be critical for proving what happened when the person who made the statement cannot testify or is unreliable. It often becomes a key piece of evidence in cases involving sudden events like car crashes, assaults, or emergencies.
The common misunderstanding
The most common misunderstanding is that any emotional or excited statement qualifies, but the key requirement is that the statement must be made while the person is still under the stress of the event, not after they have calmed down or been questioned. A statement made hours later or after reflective thought does not count.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.