Feb 3, 2000 09:10
24 yrs ago
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English term
it's for a class
excited utterance
English
Law/Patents
why is it an exception to hearsay?
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Tatiana Neroni (X)
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+3
803 days
Tatiana Neroni (X)
Tatiana Neroni (X)
Legal translations from a law office
Works in: English to Russian, Russian to English, English, and 1 more.
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Question is certainly not for this forum.
The only explanation I can tender is that hearsay is a an out-of-court statement offered in evidence (testimony) in court to assert the truth contained in the statement.
Usually an excited utterance (a statement relating to a startling event or condition made while the declarant was under the stress or excitement caused by the event or condition) should be presumed truthful on its face since usually an immediate reaction to a startling event is truthful - it's virtually an uncontrollable utterance commenting on what's happening before the very eyes...
Of course, the question was asked two years ago :). But I just didn't want to leave it unanswered anyway :).
The only explanation I can tender is that hearsay is a an out-of-court statement offered in evidence (testimony) in court to assert the truth contained in the statement.
Usually an excited utterance (a statement relating to a startling event or condition made while the declarant was under the stress or excitement caused by the event or condition) should be presumed truthful on its face since usually an immediate reaction to a startling event is truthful - it's virtually an uncontrollable utterance commenting on what's happening before the very eyes...
Of course, the question was asked two years ago :). But I just didn't want to leave it unanswered anyway :).
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