Excited utterance exception illinois

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The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. A statement that:. A is made for — and is reasonably pertinent to — medical diagnosis or treatment; and.

B describes medical history; past or present symptoms or sensations; their inception; or their general cause. A is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately.

If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.

A record of an act, event, condition, opinion, or diagnosis if:. A the record was made at or near the time by — or from information transmitted by — someone with knowledge. B the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit. C making the record was a regular practice of that activity. D all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 11 or 12 or with a statute permitting certification; and.

E neither the opponent does not show that the source of information nor or the method or circumstances of preparation indicate a lack of trustworthiness.

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Evidence that a matter is not included in a record described in paragraph 6 if:. A the evidence is admitted to prove that the matter did not occur or exist. B a record was regularly kept for a matter of that kind; and. C neither the opponent does not show that the possible source of the information nor or other circumstances indicate a lack of trustworthiness. A record or statement of a public office if:.

B neither the opponent does not show that the source of information nor or other circumstances indicate a lack of trustworthiness. A record of a birth, death, or marriage, if reported to a public office in accordance with a legal duty. Testimony — or a certification under Rule — that a diligent search failed to disclose a public record or statement if:. A the testimony or certification is admitted to prove that.Evidence is anything that is used as proof during a trial.

This can include testimony from witnesses and physical objects like papers or items of clothing. The judge always makes the final decision as to whether evidence gets to be used in court, or not.

Before any evidence can be used in court, it has to follow the rules of evidence. Every state has its own set of rules of evidence. This will give a basic overview of some of the major rules of evidence in Illinois. One of the most basic rules of evidence is that all evidence has to be relevant to the case.

For evidence to be relevant, it has to help prove something that is an issue in the case.

Exceptions to Hearsay in Illinois

If evidence is not relevant and related to the case, it cannot be used in court. For example, say Lucy is charged with stealing makeup from the store. However, evidence that Lucy has the same kind of makeup that was stolen would be relevant because it relates directly to Lucy's case. Even if the evidence is relevant, before it can be used in court there still has to be some proof that the evidence is what it is claimed to be.

Proving that the evidence is what it is being claimed to be is called "laying the foundation. A foundation can be given through many different methods. The two most common are using a witness with knowledge of the evidence or using an expert. Some evidence can lay a foundation for itself without any extra proof needed.

Some examples of evidence that does not need extra proof to set a foundation include:. Hearsay is one of the most used rules of evidence. It is also one of the more confusing rules of evidence. Hearsay is any statement that was made out of court, that is now repeated in court by anyone other than the person who made the statement, to prove the truth of the matter asserted.In this article, we explain exceptions to hearsay in Illinois.

As you may already know from our other article, Hearsay Explained, hearsay is testimony that quotes people who are not present in court. Hearsay evidence is inadmissible for lack of a firsthand witness. However, there are several exceptions to hearsay. Triers are also not required to believe or consider exceptions to hearsay statements. There are three different categories for all of the exceptions to hearsay; 1.

The availability of declaration immaterial, 2.

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Declarant unavailable, and 3. Even if a person with first-hand knowledge is available to testify, second-hand evidence can be admitted under the following circumstances:. If a person is simply angry or upset when the statement is made, that is not enough to count as an exception. In order for the statement to be a true impulsive utterance, it has to have been made in conjunction with an event so overwhelming as to discount the possibility of fabrication.

The Federal Rules of Evidence - Part 1

A statement made under stress is admissible as long as it is offered by a person who actually heard the words spoken. Often referred to as admissions or confessions, statements against interest are statements or actions that somehow negatively affect the defendant. The rationale behind this hearsay exception is based on the fact that a person would not fabricate a statement that goes against his or her best interest.

Believe it or not, many people make statements against their best interest in private settings, like when confiding to a friend or family member. For example, if a defendant admits to a crime, it can be included in a trial, even if it is hearsay. This exception to hearsay applies to several different scenarios.

Matter of record simply refers to the fact that any properly kept official government record is admissible in court. This includes income tax returns, employment information, private business records, court documents, birth certificates, contracts, etc.

Because of this exception, the prior testimony of an unavailable witness can also be admissible. However, the judge can choose to deny it in the absence of a transcript. People are known to tell the truth about their symptoms in order to obtain proper medical treatment. This is the rationale behind the exception to hearsay of statements made to receive medical treatment. This includes existing mental, emotional, or physical conditions and sensations.

If a declarant is unavailable to testify, second-hand evidence can be admitted under the following circumstances:. If the declarant believes death to be imminent at the time the statement is made, it can be admissible to show the cause or circumstances of the death. Case law has ruled out this exception in criminal law, because the witness should always be cross-examined in court.

Testimony given as a witness at another hearing in the same or a different proceeding is admissible when the declarant is unavailable, provided the party against whom the testimony is now being offered had the opportunity to question or cross-examine the witness. The Residual Exception Rule is the residual exception to the general prohibition against the admission of hearsay.

This rule covers other statements not classified by the previous exceptions mentioned above. Residual exceptions to hearsay refer to statements that meet the following criteria:.

The statement is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.

excited utterance exception illinois

Admitting the statement will best service the purposes of these rules and the interests of justice. In order for a party to rely on the residual exception rule, the party must advise the opposing party far in advance of the trial or hearing about the statement with the name and address of the declarant. This gives the opposing party time to prepare a counter response to arguments in support of the proposed admission.This short post is the third installment on the topic of hearsay.

Specifically, addressed here is the second of the 16 hearsay exceptions known as the excited-utterance exception. The exception is defined as follows:. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

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The underlying rationale of the excited utterance exception is the notion that a statement made in the excitement of a startling event, before the speaker has the opportunity to reflect on the event, has sufficient indicia of truthfulness to warrant admission. An excited utterance is the event speaking and not the speaker.

excited utterance exception illinois

It is an exception to the hearsay rule, carved from human experience, which teaches that an unreflected, spontaneous utterance made under the impact of a shocking, unexpected emotion, precipitated by a traumatic event, renders the speaker the medium and not the message.

Such an utterance is allowed in evidence because it is spontaneous and unreflected, without influence from thought, design and reason. In other words, as a society, we find it likely that a statement made under exciting circumstances is likely to be accurate and reliable because the lack of opportunity to fabricate; therefore, we are okay to admit such statements into court.

But there is a difference between the two exceptions, and that difference is discussed in the comments to the Rules of Evidence. This [excited-utterance] exception has a more narrow base than the exception for a present sense impression, because it required an event or condition that is startling.

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However, it is broader in scope because an excited utterance 1 need not describe or explain the startling event or condition; it need only relate to it, and 2 need not be made contemporaneously with, or immediately after, the startling event. It is sufficient if the stress of excitement created by the startling event or condition persists as a substantial factor in provoking the utterance. So the excited utterance is similar to the present-sense impression, but the main difference lies in the needs for a startling event.

If you got that, then you got a pass by the prohibition against hearsay. The exception is defined as follows: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. Commonwealth v.

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excited utterance exception illinois

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excited utterance exception illinois

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