A statement made during the heat of the moment by a declarant, such as an excited utterance, may be admitted under which hearsay exception?

A statement made during the heat of the moment by a declarant, such as an excited utterance, may be admitted under which hearsay exception?

• A. It is never admissible as hearsay.
• B. It qualifies as a res gestae or excited utterance exception to hearsay.
• C. It is admissible only if the declarant testifies at trial.
• D. It requires corroborating evidence from a second witness.

Answer: (B)

When a statement is made in the heat of the moment about a startling event, it falls under the res gestae or excited utterance hearsay exception. The core idea is spontaneity—the speaker is still under the stress and excitement of what just happened, so their statements are deemed more trustworthy because there was little time for reflection or fabrication. In Louisiana evidence law, this exception covers statements that relate to the startling event and are made while the declarant is still reacting to it, and it does not require the declarant to testify at trial or to have corroboration from another witness.

When a statement is made in the heat of the moment about a startling event, it falls under the res gestae or excited utterance hearsay exception. The core idea is spontaneity—the speaker is still under the stress and excitement of what just happened, so their statements are deemed more trustworthy because there was little time for reflection or fabrication. In Louisiana evidence law, this exception covers statements that relate to the startling event and are made while the declarant is still reacting to it, and it does not require the declarant to testify at trial or to have corroboration from another witness.