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Exception - Excited Utterance
C. Overruled. Admissible because Carl’s excited condition made his statement reliable.

Correct. Although this statement is hearsay, it is nonetheless admissible under the "excited utterance" exception.

It is true that the officer is testifying about an out-of-court statement by Carl that is being offered to prove its truth: that Bob ran a red light. However, the Rules of Evidence recognize exceptions to the rule that hearsay is inadmissible. One of these exceptions, Rule 11-803(B) NMRA 1999, recognizes that statements that relate to a startling event or condition, and that are made while the declarant was under the stress of excitement caused by the event of condition, are exceptions to the hearsay rule. This exception is called the "excited utterance" exception. Thus, if the officer lays the foundation for the exception (i.e., testifies about the startling event and Carl’s excited condition), Carl’s out-of-court statement is admissible as an exception to the hearsay rule.

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Copyright Institute of Public Law
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