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The requirements for admissibility of an excited utterance are: (1) There must have been a startling event to produce shock and excitement in the observer; (2) The statement must be spontaneous with the event, with no time for deliberation or calculated misstatement; and (3) The statement must relate to the event. The general types of statements under excited utterances that are admissible are: (1) Acknowledgment of fault; (2) Self-serving statements; and (3) Opinions. States are split as to opinions. Some accept them, others do not, but all accept them if they relate to an acknowledgment of fault.
