Rule 1240 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition…

When something shocking or upsetting happens, people often blurt out statements in the heat of the moment. Those statements can be used as evidence in court, even though they are technically hearsay.

For this rule to apply, two things must be true. The person must have directly seen or experienced the event they are talking about. And they must have made the statement right away, while they were still upset or excited about what happened.

The idea behind this rule is that people are less likely to lie or make things up when they are reacting in the moment. A calm, thought-out statement made hours later would not qualify, but something said in the immediate shock of an event would.