What is the test for evidence of a statement made by a witness under the hearsay rule?

California, United States of America


The following excerpt is from People v. Davis, B288595 (Cal. App. 2019):

"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.) This exception to the hearsay rule is referred to as the spontaneous declaration or excited utterance exception. (People v. Mota (1981) 115 Cal.App.3d 227, 234.)

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