What is an excited utterance under Rule 803(2)?

• A. A spontaneous statement about a startling event while the declarant is under the stress of excitement caused by the event.
• B. A prior consistent statement offered to reinforce credibility.
• C. A statement made after the declarant has had time to reflect.
• D. A statement offered to prove the truth of the matter asserted even if the declarant is untrustworthy.

Answer: (B)

An excited utterance is a hearsay exception under Rule 803(2) for a statement about a startling event that is made while the declarant is still under the stress or excitement caused by that event. The idea is that in the heat of the moment, people speak spontaneously and are less likely to fabricate, so the statement can be trusted even though it’s out of court. For this to apply, the content must relate to the startling event and it must be made while the emotional impact is still present. Statements made after the person has had time to reflect are not excited utterances, and descriptions like a prior consistent statement or assertions used to prove truth in the face of untrustworthiness involve different rules and purposes.