Tornado Alley (PROG)

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She can recant all she wants. Her statements are still admissible if the prosecutor wants to proceed.

Under the Federal Rules of Evidence, an excited utterance is defined as a statement that concerns a startling event, made by the declarant when the declarant is still under stress from the startling event. An excited utterance is admissible under an exception to the hearsay rule.


Definition from Nolo’s Plain-English Law Dictionary

An exception to the hearsay rule that finds an out-of-court statement to be inherently reliable if it is made about a startling event while the person making the statement is experiencing that event.

Definition provided by Nolo’s Plain-English Law Dictionary.


http://www.law.cornell.edu/wex/excited_utterance