excited utterance

excited utterance
In evidence, a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. It is an exception to the hearsay rule. Fed.Evid. Rule 803(2); State v. Emery, 4 Or.App. 527, 80 P.2d 445, 447.
- res gestae

Black's law dictionary. . 1990.

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  • excited utterance — ex·cit·ed ut·ter·ance n: a statement that concerns a startling event (as a physical assault) and that is made by a person while under stress caused by the event see also res gestae; spontaneous declaration at declaration compare dying declaration …   Law dictionary

  • Excited utterance — An excited utterance, in the law of evidence, is a statement made by a person in response to a startling or shocking event or condition. The statement must be spontaneously made by the person (the declarant) while still under the stress of… …   Wikipedia

  • excited utterance — In evidence, a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. It is an exception to the hearsay rule. Fed.Evid. Rule 803(2); State v. Emery, 4… …   Black's law dictionary

  • utterance — See excited utterance spontaneous declarations …   Black's law dictionary

  • declaration — dec·la·ra·tion n 1: the act of declaring declaration of dividends declaration of war 2 a: the first pleading in a common law action compare complaint …   Law dictionary

  • Hearsay in United States law — Hearsay is the legal term that describes statements made outside of court or other judicial proceedings. Unless one of about thirty [cite web |title= Hearsay Evidence |url=http://criminal.findlaw.com/crimes/more criminal topics/evidence… …   Wikipedia

  • res gestae — res ges·tae / rās ges ˌtī, rēz jes ˌtē/ n pl [Latin, things done, deeds] 1: the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that… …   Law dictionary

  • Digital evidence — Evidence Part of the …   Wikipedia

  • verbal — Strictly, of or pertaining to words; expressed in words, whether spoken or written, but commonly in spoken words; hence, by confusion, spoken; oral. Parol; by word of mouth; as, verbal agreement, verbal evidence; or written, but not signed, or… …   Black's law dictionary

  • cry — v. & n. v. (cries, cried) 1 intr. (often foll. by out) make a loud or shrill sound, esp. to express pain, grief, etc., or to appeal for help. 2 a intr. shed tears; weep. b tr. shed (tears). 3 tr. (often foll. by out) say or exclaim loudly or… …   Useful english dictionary

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