What is the test for admissible statements under the hearsay rule?

California, United States of America


The following excerpt is from People v. Richards, G048289 (Cal. App. 2014):

Defendant contended (at least with regard to the gun statement) that these statements fell within the spontaneous declaration exception to the hearsay rule. "Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception." (Evid. Code, 1240.) "'"To render [statements] admissible [under the spontaneous declaration exception] it is required that (1) there must be some occurrence startling enough to produce this nervous excitement and render the utterance spontaneous and unreflecting; (2) the utterance must have been before there has been time to contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance; and (3) the utterance must relate to the circumstance of the occurrence preceding it." [Citations.]' [Citation.] 'Whether the requirements of the spontaneous statement exception are satisfied in any given case is, in general, largely a question of fact. [Citation.] The determination of the question is vested in the court, not the jury. [Citation.] In performing this task, the court "necessarily [exercises] some element of discretion . . . ."'" (People v. Thomas (2011) 51 Cal.4th 449, 495.)

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