Does the spontaneous statement exception to the hearsay rule require the declarant to testify at trial?

California, United States of America


The following excerpt is from The People v. John Paul Nelson, D057195, D057198, No. BAF003133 (Cal. App. 2010):

10. The spontaneous statement exception to the hearsay rule does not require a showing that the declarant is unavailable to testify at trial. (People v. Anthony O. (1992) 5 Cal.App.4th 428, 436.)

Other Questions


Can a spontaneous declaration or excited utterance be considered an exception to the hearsay rule? (California, United States of America)
Is a piece of paper with a license plate number on it admissible under spontaneous statement exception to hearsay rule? (California, United States of America)
Can a statement by a declarant who is unavailable as a witness at trial be admitted as a declaration against interest? (California, United States of America)
Can a defendant appeal against a finding that his trial counsel failed to assert the spontaneous utterance exception at trial? (California, United States of America)
Is a defendant's statement of intent to commit a crime a hearsay exception to the hearsay rule? (California, United States of America)
Can statements of a declarant's previous state of mind be used as an exception to the hearsay rule? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for making a statement under the spontaneous declaration exception? (California, United States of America)
What is the test for making a statement under the spontaneous declaration exception? (California, United States of America)
Is a defendant's presence required at a criminal trial subject to certain exceptions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.