New York Law (NYLE) Practice Exam

Both the excited utterance and present sense impression exceptions to the hearsay rule require what?

1. The statement must be made in a formal setting.

2. The declarant has personal knowledge of the event.

3. The statement must be documented officially.

4. The declarant must be a party to the trial.

The correct answer is: The declarant has personal knowledge of the event.

The correct choice is that the declarant has personal knowledge of the event. Both excited utterance and present sense impression exceptions to the hearsay rule are grounded in the idea that the statements made by the declarant are reliable because of the circumstances under which they were made. In the case of an excited utterance, the statement must arise from a startling event or condition where the declarant is still under the stress of excitement caused by that event. Since this stress impacts the declarant’s cognitive ability, it typically indicates that the declarant has firsthand experience of the event—ensuring that their statement is based on personal knowledge. Similarly, for a present sense impression, the statement is made while the declarant is perceiving the event or immediately thereafter. This immediacy helps to assure that their observations are based on personal knowledge rather than reflection or fabrication after the fact. Other options do not align with the requirements for these hearsay exceptions. Statements made in formal settings, documentation, or distinctions regarding whether the declarant is a party to the trial are not prerequisites for these exceptions. The focus is firmly on the declarant's personal knowledge derived from direct experience of the events in question.