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HomeEvidence CodeDiv. 10Ch. 2Art. 4§ 1240 Spontaneous Excited Statements

§ 1240 Spontaneous Excited Statements

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1240 Spontaneous Excited Statements

Key Takeaways

  • •If someone says something right after seeing something shocking or exciting, it can be used as evidence in court.
  • •The statement must be about what they just saw or experienced.
  • •It has to be said right away, while they are still excited or upset about it.

Example

A person sees a car crash and immediately shouts, 'The red car ran the stop sign!'

This statement can be used in court because it was said right after seeing the crash and while the person was still excited.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1240 Spontaneous Excited Statements

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. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

hearsay ruledeclarantspontaneouslystress of excitement

Related Statutes

  • § 1241 Hearsay Exception For Conduct
  • § 1220 Admissions Against Party
  • § 1223 Conspiracy Statement Admissibility
  • § 1230 Statement Against Interest Exception
  • § 1242 Dying Declarations Admissibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1240.
View Official Source