What is an Excited Utterance?

An excited utterance refers to a spontaneous statement made during a stressful situation, often immediately after an event has occurred. This legal concept is rooted in the belief that when a person is experiencing intense emotions, such as excitement, shock, or fear, their statements are less likely to be fabricated and can be considered trustworthy. In legal contexts, excited utterances can be admissible as evidence in court under the hearsay exception.

In contrast, other options do not fit the definition. A formal declaration in court refers to statements made under oath and usually more structured, while a prepared speech suggests premeditation and does not capture the spontaneity associated with excited utterances. Similarly, a statement made in advance of any trial implies planning and is not delivered in the heat of the moment, which is critical to the nature of excited utterances.