trialtactics.doc - Microsoft Word
Trial Tactics Stephen A. Saltzburg Excited Utterances and Family Violence Federal Rule of Evidence (FRE) 803(2) and Minnesota Rule of Evidence (MRE) 803(2) contain identical language. They create a well-known, common law hearsay exception for excited utterances. The rules provide as follows: Rule 803 Hearsay Exceptions; Availability of Declarant Immaterial The following are not excluded by the hearsay rule, even though the declarant is available as a witness: * * * (2) Excited utterance. — A...