The Hearsay Evidence Rule – Spontaneous Statements

From the Classroom
By: Ray Hill, Professor Emeritus, Santa Rosa J.C.

The Hearsay Evidence Rule – Spontaneous Statements

This is the seventh in a series of bulletins covering the California Evidence Code and criminal investigations. We begin covering the Hearsay Evidence Rule as it relates to an officer, deputy, or investigator giving testimony in court (140 E.C.).

Spontaneous statements are the third most common hearsay exception (1240 E.C.). From your experience, you know this one when you see and hear it!!!

The Legal Foundation for a spontaneous statement is:

1) Excited Utterance - A statement made by a victim or witness "blurted out" after an event likely to arouse the emotions of a reasonable person. A spontaneous statement can be made in response to police questioning as long as the questioning isn't unduly suggestive.

Note: For report writing purposes, describe in detail the event that prompted the excited utterance.

2) Made Close in Time After the Occurrence of a Crime or Incident - The statement is made while the declarant is still "under the influence and stress" of the event, i.e., "to describe actions undertaken without deliberation or reflection" (Peo. v. Farmer (1989) 47 Cal. 3d 899).

Note: For ....