The modern rules do not require that an excited utterance be spontaneous with the "startling event" as long as the declarant was still under the "stress of excitement caused by the event" when she made the statement.

Question

Quizplus · Accepted Answer

The modern rules for an excited utterance exception to hearsay allow a statement to be admissible as long as the declarant was still under the stress of excitement caused by the event, even if there was a brief period between the event and the statement. This acknowledges that the impact of the startling event can persist, maintaining the reliability of the utterance.

The Modern Rules Do Not Require That an Excited Utterance