Present Sense Impression and Excited Utterance Hearsay Exceptions: Interesting Application Questions

Abstract

Rules 803(1) and 803(2) of the Federal Rules of Evidence provide as follows:

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

The article explores with respect to the present sense impression and excited utterance hearsay exceptions by means of a hypothetical set of questions how, if at all, the admissibility of hearsay statements preferred pursuant to said exceptions is affected by contentions relating to unidentified bystander, absence of corroboration, res gestae, stress of excitement, and bad faith.