What are the requirements for an excited utterance to be admissible?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

An excited utterance is a statement made in response to a startling event while the declarant is still under the stress of that event. This type of hearsay exception is grounded in the understanding that individuals are unlikely to fabricate or conform their statements to be self-serving while experiencing the shock and excitement from a significant event.

For a statement to qualify as an excited utterance, it must have been made in relation to a startling event, such as an accident or crime, and the individual must have been in a heightened emotional state due to that event. This immediacy and emotional intensity lend credibility to the statement, making it more likely to reflect the truth.

Other options do not encapsulate the core criteria for an excited utterance: it doesn't need to be written, it must occur during or immediately following the event rather than afterward, and verification by a witness is not a requisite for its admissibility as an excited utterance. Therefore, relating to a startling event and being made under stress correctly captures the essence of what makes such utterances admissible in court.

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