§ 1240 [Excited Utterance Exception to Hearsay Rule]

When something startling or stressful happens, people often blurt out what they just saw or experienced before they have time to think it over or make something up. California law says these kinds of statements can be used as evidence in court, even though they would normally count as hearsay.

For this rule to apply, two things have to be true. First, the statement has to describe or explain something the person actually saw, heard, or otherwise experienced. Second, the person has to make the statement while they're still shaken up or excited from what just happened, not after they've calmed down and had time to think about it.

The idea behind this rule is that people don't usually lie when they're blurting out reactions to something shocking or upsetting. If someone says "He just hit that car!" right after witnessing a crash, that statement is considered more trustworthy than something said later, after the person has had time to reflect, exaggerate, or make things up. Courts look at how much time passed, how upset the person seemed, and whether the statement matches the kind of thing someone would say in shock, before deciding if it fits this exception.