Intro to the Federal Rules of Evidence - 58

3. Excited Utterances (FRE 803(2))
a. Definition
They are statements made under the influence of a startling event.

b. Justification
Where an event is so startling that the declarant’s reflective capacity is eliminated, the declaration is unlikely to be motivated by self-interest or otherwise insincere.

c. Requirements
i) Sufficiently startling event or condition
The basic issue is whether the event is sufficiently starling that the court believes that a normal person would probably have spoken before thinking. Physical violence is not required. Even seeing a photograph in a newspaper may suffice.

ii) Under the influence of the startling event
In making this determination, courts look to all of the surrounding circumstances (e.g., shock, memory loss, self serving nature, a response to a detailed question, the declarant’s actions). But the most important fact is the amount of time that passed between the event and the declaration.

iii) No need to directly explain or refer to the startling event.
Unlike the exception of present sense impression, this exception does not require a statement to directly explain or refer to the startling event. It is sufficient that the excited utterance is one relating to a startling event or condition.