Worcester MA Attorneys, Worcester, MA

An excited utterance is an exception to the rule against hearsay in Massachusetts.  Setting aside any confrontation issue, under Mass. law, a statement meets the test for admissibility as an excited utterance if:

  • there is an occurrence or event sufficiently startling to render inoperative the normal reflective thought of the observer;
  • the declarant’s statement is a spontaneous reaction to the occurrence or event; and
  • the statement is not the result of reflective thought.

The “degree of excitement exhibited by the declarant is one factor relevant to the determination.”  Commonwealth v. Barbale, SJC-12188 (2017).  If you or someone you know is facing a criminal charge, the Worcester MA Attorneys can help you.  Contact Shane W. Surrette, Worcester MA Attorneys at shane@swslawoffice.com or at (774) 364-4605 today.

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