spontaneous exclamation
spontaneous exclamation n: spontaneous declaration at declaration 2c

Merriam-Webster’s Dictionary of Law. . 1996.

spontaneous exclamation
A statement made immediately after some exciting occurrence by someone who saw it or participated in it, before he or she has the chance to think about it; see also res gestae

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

spontaneous exclamation
A sudden statement (also known as an "excited utterance") made by someone who has seen a surprising, startling, or shocking event (such as an accident or a death), or has suffered an injury. For example, "Oh my God, that blue car hit the little girl!" Spontaneous exclamations are often introduced at trial as evidence of the speaker's state of mind or the truth of the matter being spoken about, and will be admitted if the judge decides that the circumstances surrounding the statement make it likely that the speaker was telling the truth. Without this determination, the statement is simply hearsay; that is, a statement made out of court and offered for the truth of the matter it deals with. (See also: hearsay)
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

spontaneous exclamation
   a sudden statement caused by the speaker having seen a surprising, startling or shocking event (such as an accident or a death), or having suffered an injury. Even though the person who made the spontaneous exclamation is not available (such as he/she is dead or missing), a person who heard the exclamation may testify about it as an exception to the rule against "hearsay" evidence. The reason is that such an exclamation lacks planning and is assumed to have the ring of truth to it. Examples: "Chauncey shot him," "my leg is broken," "the blue Chevrolet hit the girl."
   See also: hearsay

Law dictionary. . 2013.

Look at other dictionaries:

  • spontaneous exclamation — Within res gestae rule, a statement or exclamation made immediately after some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is observed by him, is admissible as a spontaneous and sincere… …   Black's law dictionary

  • spontaneous exclamation — Words uttered without thought, such as an involuntary utterance indicating present pain. 22 Am J2d Damg § 309. For the purpose of admissibility notwithstanding hearsay character, words which are spontaneous and so related to the transaction or… …   Ballentine's law dictionary

  • spontaneous declarations — A statement is admissible as a spontaneous declaration if there was an occurrence sufficiently startling to produce a spontaneous and unreflecting statement, if there was an absence of time to fabricate, and if the statement related to the… …   Black's law dictionary

  • res gestae — res ges·tae / rās ges ˌtī, rēz jes ˌtē/ n pl [Latin, things done, deeds] 1: the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that… …   Law dictionary

  • declaration — dec·la·ra·tion n 1: the act of declaring declaration of dividends declaration of war 2 a: the first pleading in a common law action compare complaint …   Law dictionary

  • res — /riyz/ The subject matter of a trust or will. In the civil law, a thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not… …   Black's law dictionary

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