Step2Study
Bar Exam — MBE (Multistate Bar Exam)EvidenceEasy

In a civil personal injury case resulting from a car accident, the plaintiff seeks to introduce a statement made by the defendant immediately after the collision. The defendant, visibly shaken and holding his head, exclaimed, 'Oh my God, I completely ran that red light! I wasn't paying attention!' The defense attorney objects, arguing the statement is hearsay. How should the court rule?

  1. AInadmissible, as it is hearsay and does not fall under any exception.
  2. BAdmissible, as an excited utterance.
  3. CAdmissible, as a statement against interest.
  4. DInadmissible, as it is an admission of fault and highly prejudicial.
Show answer & explanation

Correct answer: B. Admissible, as an excited utterance.

The defendant's statement, made while visibly shaken and immediately after a startling event (the car accident), qualifies as an excited utterance under Federal Rule of Evidence 803(2). This exception to the hearsay rule applies when a statement relates to a startling event or condition and is made while the declarant is under the stress of excitement that it caused.

Why the other options are wrong

  • A. This is incorrect. While it is hearsay, it falls squarely under the excited utterance exception.
  • C. This is incorrect. While it is a statement against interest, the declarant is available to testify, which is typically a requirement for the statement against interest exception (FRE 804(b)(3)). More importantly, it fits the excited utterance exception perfectly.
  • D. This is incorrect. Hearsay exceptions are designed to admit reliable out-of-court statements, even if they are admissions of fault and prejudicial. The rules prioritize reliability over eliminating all prejudice.

Excited Utterance (FRE 803(2))

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused, is an exception to the hearsay rule.

  • Requires a startling event.
  • Statement must be made while still under the stress of excitement.
  • Statement must relate to the startling event.
  • Declarant's availability as a witness is immaterial.

Memory trick: Hearsay Exceptions Help Overcome Rules.

Practice this question Study as flashcard All questions
Previous question

More Evidence questions