#33 · 2026-09-08 · Legal term
Excited utterance
An excited utterance relates to a startling event and is made while the speaker remains under its stress. The facts emphasize continuing excitement. Unlike present sense impression, this exception does not require speaking during or immediately after perception of the event; other admissibility rules still apply.
Rule to remember
An excited utterance is a statement about a startling event or condition made while the declarant remains under the stress of excitement it caused.
Key elements and checks
- A startling event or condition.
- A statement relating to that event or condition.
- Continuing stress of excitement when the statement is made.
In the source’s words
“while the declarant was under the stress of excitement that it caused”
Federal Rule of Evidence 803(2)
There is no fixed minutes-after-the-event cutoff. Unlike present sense impression, the focus is continued excitement, not near-simultaneous narration.