Definition from Nolo’s Plain-English Law Dictionary A sudden
statement (also known as an "excited utterance") made by someone
who has seen a surprising, startling, or shocking event (such as
an accident or a death), or has suffered an injury. For example,
"Oh my God, that blue car hit the little girl!" Spontaneous
exclamations are often introduced at trial as evidence of the
speaker's state of mind or the truth of the matter being spoken
about, and will be admitted if the judge decides that the
circumstances surrounding the statement make it likely that the
speaker was telling the truth. Without this determination, the
statement is simply hearsay; that is, a statement made out of
court and offered for the truth of the matter it deals with.
(See also: hearsay Definition provided by Nolo’s Plain-English
Law Dictionary. August 19, 2010, 5:24 pm