spontaneous exclamation

spontaneous exclamation
spontaneous exclamation n: spontaneous declaration at declaration 2c

Merriam-Webster’s Dictionary of Law. . 1996.

spontaneous exclamation
n.
A statement made immediately after some exciting occurrence by someone who saw it or participated in it, before he or she has the chance to think about it; see also res gestae

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


spontaneous exclamation
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)
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

spontaneous exclamation
n.
   a sudden statement caused by the speaker having seen a surprising, startling or shocking event (such as an accident or a death), or having suffered an injury. Even though the person who made the spontaneous exclamation is not available (such as he/she is dead or missing), a person who heard the exclamation may testify about it as an exception to the rule against "hearsay" evidence. The reason is that such an exclamation lacks planning and is assumed to have the ring of truth to it. Examples: "Chauncey shot him," "my leg is broken," "the blue Chevrolet hit the girl."
   See also: hearsay

Law dictionary. . 2013.

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