spontaneous exclamation

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spontaneous exclamation

n. a sudden statement caused by the speaker having seen a surprising, startling or shocking event, (such as an accident or a death), or having suffered an injury. Even though the person who made the spontaneous exclamation is not available (such as he/she is dead or missing), a person who heard the exclamation may testify about it as an exception to the rule against "hearsay" evidence. The reason is that such an exclamation lacks planning and is assumed to have the ring of truth to it. Examples: "Chauncey shot me," "my leg is broken," "the blue Chevrolet hit me." (See: hearsay)

References in periodicals archive ?
18, 2013 /PRNewswire-iReach/ -- Through his new book, An Excited Utterance - Embracing Genuine Truth ($14.
193) These matters include whether an excited utterance has been made, whether a conspiracy existed, whether a statement was offered for something other than the truth of the matter asserted, and whether "trustworthiness" determinations were found in several hearsay exceptions.
2008), the court carved out a new rule to determine if an excited utterance is testimonial--the "on-going emergency rule.
11) One judge in New York put his frustration into writing when he was asked to admit an emergency call to the police under the excited utterance exception:
52) Crawford addressed the problem of the use of excited utterance evidence in light of the Confrontation Clause of the 6th Amendment to the United States Constitution.
For example, the excited utterance rule is based upon the questionable presumption that a person under the sway of excitement caused by a startling event will lack the reflective capacity essential for fabrication and, consequently, that the person's statements should be considered spontaneous and reliable.
phone calls: if a statement to a police officer is an excited utterance,
Given the spontaneous, casual, quick, and often reactive manner in which many e-mail messages are sent, one might expect the excited utterance exception to provide a vehicle for admitting many e-mail messages into evidence.
The treating nurse was allowed to testify as to what the 13-year-old victim said under the excited utterance exception to the hearsay rule.
2) However, in light of Crawford, use of the excited utterance hearsay exception is now much more difficult for prosecutors.
158) The government sought to introduce the statement under MRE 803(2), (159) the excited utterance exception to the hearsay rule.
171, 182 (1987), the excited utterance exception, White v.