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See also Hearsay (excited utterance). Statements by any person made at the time of some exciting event, and under the stimulus of the event's excitement. See Fed. R. Evid. 803(2) - 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.


'The basis for the `excited utterance' exception . . . is that such statements are given under circumstances that eliminate the possibility of fabrication, coaching, or confabulation, and that therefore the circumstances surrounding the making of the statement provide sufficient assurance that the statement is trustworthy.' Idaho v. Wright, 497 U.S. 805, 820, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990) (emphasis added). More specifically, 'a person under the sway of excitement precipitated by an external startling event will be bereft of the reflective capacity essential for fabrication and that, consequently, any utterance he makes will be spontaneous and trustworthy.' Haggins, 715 F.2d at 1057 (quoting 4 J. WEINSTEIN & M. BERGER, WEINSTEIN'S EVIDENCE ¶ 803(2)[01] at 803-79 (1981)). To determine whether a hearsay statement contains such guarantees of reliability, courts apply the aforementioned three-step inquiry: 'First, there must be an ...

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