Mississippi Bar Exam MSE Practice Exam 2025 - Free Bar Exam Practice Questions and Study Guide

An excited utterance refers to a statement made during a spontaneous reaction to a startling event or an event that provokes intense excitement or stress. This legal principle falls under the hearsay exception, meaning that such statements can be admissible in court even though they are technically hearsay. The rationale behind this exception is that the immediacy of the statement reduces the likelihood of deliberate fabrication, as the speaker is reacting instinctively and emotionally to the situation at hand.

When someone is under the immediate stress of excitement, their utterance is considered more trustworthy because it is made in the heat of the moment, reflecting their genuine emotional response. This is why a statement made while under the stress of excitement qualifies as an excited utterance. It contrasts sharply with other scenarios, such as a calm setting, a planned statement made later, or a private conversation, which do not embody the spontaneity and emotional immediacy needed to be considered excited utterances.