MBE Rules · Evidence
Excited utterance
FRE 803(2)
The rule
A statement relating to a startling event, made while under the stress of excitement that it caused. Available regardless of declarant availability. The trigger is the excitement, not contemporaneity — may be made minutes or even hours later if still under stress.
In plain English
An excited utterance is something someone says about a surprising event while they're still freaked out about it. It can be used in court even if the person isn't there to testify.
Worked example
After seeing a car crash, the defendant runs to Officer A and shouts, 'That truck ran the red light!' This statement can be used in court because the defendant was still stressed by the crash.
Memory hook
Excitement over exact timing! Stress, not seconds, counts for utterances.
The trap
Students think: must be immediate. Wrong, because stress matters more than timing. The actual test is if the declarant was still under the stress of excitement.
How examiners test it
Test setup: startling event, statement made after some time. Trap: assuming delay disqualifies it. Focus on whether the declarant was still excited when speaking.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.