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The Title 28 of the United States Code QUESTION #3737
Question 1
A witness is testifying about a car accident. The witness says, 'Right after the crash, a bystander yelled, "That blue car just ran the red light!"' The bystander is not available to testify. Is the bystander's statement admissible?
  • No, it is hearsay.
  • Yes, as an 'Excited Utterance.'✔️
  • Yes, as a 'Prior Inconsistent Statement.'
  • No, unless the witness is an expert.
Correct Answer Explanation
An excited utterance is a statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. It is a valid exception to the hearsay rule.